FR 2021-00751

The Environmental Protection Agency (EPA) has presented a new development concerning the "Delta Shipyard" Superfund Site located in Houma, Louisiana. This potential agreement specifically involves recovering costs associated with environmental response efforts under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The settlement of $350,000 has been negotiated with Dean Services West, LLC and is open to public commentary until February 16, 2021.

General Summary

The purpose of this notice from the EPA is to inform the public about a proposed settlement agreement pertaining to the extensive cleanup efforts at the "Delta Shipyard" Superfund Site. The site is under scrutiny due to the environmental concerns typically associated with Superfund locations. The document highlights the role of Dean Services West, LLC, a party involved in this settlement, and specifies the financial settlement amount. It also details how the public can engage in the commentary process through electronic communication, primarily by contacting Amy Salinas, the EPA's Assistant Regional Counsel.

Significant Issues and Concerns

Several critical issues arise from the content of the document:

• Ambiguity in Settlement Amount: The settlement amount of $350,000 was determined via an "Ability to Pay Analysis." However, there is no detailed explanation of how this figure was calculated or justified. This lack of clarity could lead to questions concerning the fairness and transparency of the settlement.

• Lack of Details on Response Costs: The term "EPA response costs" is used without providing detailed information on what these costs include. This may lead to questions on the specifics of the expenses that the settlement is meant to cover.

• Accessibility Challenges: The reliance on electronic communication for public comments and document access may pose a barrier for individuals without reliable internet access. This is particularly concerning during the COVID-19 pandemic, as many might find themselves unable to participate fully in the public commentary process due to technology limitations.

Broad Public Impact

This document signifies a typical process involved in managing Superfund sites. It assures the public that the government is actively working on environmental issues and ensures responsible parties contribute financially to remedial efforts. However, by not providing detailed information on the analysis and costs involved, it may affect public trust in these processes. Additionally, the challenges related to electronic accessibility could inhibit public involvement, potentially reducing the diversity and inclusivity of the feedback received.

Specific Stakeholder Impacts

• Positive Impacts: The local community around the "Delta Shipyard" Superfund Site might view this as a positive step towards environmental remediation, potentially improving local environmental conditions and public health over time.

• Negative Impacts: Dean Services West, LLC is financially impacted by this settlement. The company is required to fulfill its obligation based on its ability to pay, which, although justified by analysis, still represents a financial outlay.

• Public Participation Concerns: Individuals or communities with limited internet access might face challenges in providing their input, potentially impacting the inclusiveness of the public decision-making process.

Ultimately, the document reflects a necessary but complex aspect of environmental regulatory work and highlights the importance of transparent communication in governmental processes. Addressing the noted issues could improve transparency and public trust in how environmental issues are managed and resolved.

The document discusses a proposed settlement agreement under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) concerning the "Delta Shipyard" Superfund Site in Houma, Louisiana. This settlement relates to the reimbursement of costs incurred by the Environmental Protection Agency (EPA) for responding to environmental issues at the site.

Summary of Financial References

The primary financial reference in this document is the settlement amount of $350,000.00, which is identified as a reduced figure determined through an "Ability to Pay Analysis." This indicates that the amount was negotiated based on the financial capacity of the involved party, Dean Services West, LLC, to pay the settlement. The document, however, does not provide specific details on how this analysis was conducted or what criteria were used to ascertain the company's ability to pay. Consequently, this leaves the methodology and justification for the reduced settlement amount somewhat ambiguous to the public.

Relation to Identified Issues

One of the issues identified in the document concerns the ambiguous nature of the "Ability to Pay Analysis." The reference to this analysis suggests that the original response costs might have been higher than $350,000.00, but this is not clarified within the document. The lack of transparency around the calculations or considerations leading to the final settlement figure could lead to public skepticism or concern regarding the fairness and adequacy of the amount accepted by the EPA.

Additionally, the document mentions "EPA response costs" without detailing what these costs specifically cover. In the context of financial accountability and public scrutiny, it would be beneficial for such documents to include information on the nature of these costs—whether they pertain to cleanup operations, administrative expenses, or other categories of response activities.

Furthermore, the reliance on electronic communication channels for document access and public comments, as highlighted in the document, poses an accessibility issue. Individuals without internet access might not have the opportunity to properly engage with or scrutinize the financial aspects of the settlement, potentially limiting public participation and feedback during the comment period. This could disproportionately affect individuals during the COVID-19 pandemic, when access to public resources may be more limited.

In summary, the document provides a glimpse into how financial allocations are determined in response to environmental liabilities, yet it raises questions about the transparency and accessibility of such fiscal decisions and the adequacy of the reduced settlement amount in covering the EPA's response costs.