80_FR_35794 80 FR 35675 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)

80 FR 35675 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)

DEPARTMENT OF JUSTICE

Federal Register Volume 80, Issue 119 (June 22, 2015)

Page Range35675-35675
FR Document2015-15205

Federal Register, Volume 80 Issue 119 (Monday, June 22, 2015) 
[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Notices]
[Page 35675]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15205]



[[Page 35675]]

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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the 
Comprehensive Environmental Response, Compensation and Liability Act 
(CERCLA)

    On June 16, 2015, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of Arizona in the lawsuit entitled United States v. Burr-Brown 
Corporation (now Texas Instruments Tucson Corporation), Civil Action 
No. 89-594-TUC-RMB. On the same date, the State of Arizona lodged the 
same proposed Consent Decree with the United States District Court for 
the District of Arizona in the lawsuit entitled State of Arizona v. 
Texas Instruments Tucson Corporation, Civil Action No. 4:15-cv-00257-
DCB. The United States has filed a motion to consolidate the two 
actions, and the State of Arizona and Texas Instruments Tucson 
Corporation (``TI'') have consented to that motion.
    TI is working under an existing consent decree, entered in 1990 in 
Civil Action No. 89-594-TUC-RMB (``1990 Decree''), to perform a CERCLA 
response action to address contaminated groundwater on part of the 
Tucson International Airport Authority Superfund Site (``TIAA Site'') 
in Tucson, Arizona. The TIAA Site includes the Tucson International 
Airport, Air Force Plant 44, and several other adjacent areas. The 
proposed Consent Decree addresses only the TI portion of Area ``B'' of 
the TIAA Site (``Project Area''). Other areas of the TIAA Site are 
being addressed under separate federal facility agreements, consent 
decrees and fund-lead remedial actions. The Project Area was operated 
by TI's predecessor-in-interest, Burr-Brown Corporation. Operations 
included microchip manufacturing and involved chemical storage and 
disposal. In 2013, TI sold the Project Area to HSL TI Properties, which 
does not use it for industrial purposes.
    The 1990 Decree contains provisions that the parties would like to 
amend as TI begins to implement an amended Record of Decision 
(``Amended ROD''). At the same time, the Arizona Department of 
Environmental Quality (``ADEQ'') would like to resolve its claims under 
state law with TI, and to participate in oversight of the remedy.
    The proposed Consent Decree, which would supersede the 1990 Decree, 
would implement the Amended ROD, add the State of Arizona as a party, 
and resolve its claims under state law. Under the Consent Decree, TI 
commits to perform the work set out in the Amended ROD, and to pay the 
United States its Response Costs and the State its State Future 
Response Costs, as those terms are defined in the Consent Decree. The 
Consent Decree contains covenants not the sue by the United States and 
the State for the performance of the Work and for recovery of Response 
Costs and State Future Response Costs, and by TI for all claims related 
to the Project Area and the Consent Decree. The Consent Decree provides 
TI with the standard contribution protection for ``matters addressed'' 
in the Consent Decree: Work, Response Costs, and State Future Response 
Costs.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States v. Burr-Brown Corporation (now Texas 
Instruments Tucson Corporation, D.J. Ref. No. 90-11-3-369. All comments 
must be submitted no later than thirty (30) days after the publication 
date of this notice. Comments may be submitted either by email or by 
mail:

------------------------------------------------------------------------
         To submit comments:                     Send them to:
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By e-mail...........................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, D.C. 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department Web site: http://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the Consent Decree upon written request and payment of reproduction 
costs. Please mail your request and payment to: Consent Decree Library, 
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $47.00 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy without the exhibits, the cost is $21.25.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2015-15205 Filed 6-19-15; 8:45 am]
BILLING CODE 4410-15-P

Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Notices 35675 DEPARTMENT OF JUSTICE to perform the work set out in the DEPARTMENT OF LABOR Amended ROD, and to pay the United Notice of Lodging of Proposed States its Response Costs and the State Office of Disability Employment Policy Consent Decree Under the its State Future Response Costs, as those Comprehensive Environmental Advisory Committee on Increasing terms are defined in the Consent Decree. Response, Compensation and Liability Competitive Integrated Employment The Consent Decree contains covenants Act (CERCLA) for Individuals With Disabilities; Notice not the sue by the United States and the of Meeting On June 16, 2015, the Department of State for the performance of the Work Justice lodged a proposed Consent and for recovery of Response Costs and The Advisory Committee on Decree with the United States District State Future Response Costs, and by TI Increasing Competitive Integrated Court for the District of Arizona in the for all claims related to the Project Area Employment for Individuals With lawsuit entitled United States v. Burr- and the Consent Decree. The Consent Disabilities (the Committee) was Brown Corporation (now Texas Decree provides TI with the standard mandated by section 609 of the Instruments Tucson Corporation), Civil contribution protection for ‘‘matters Rehabilitation Act of 1973, as amended Action No. 89–594–TUC–RMB. On the addressed’’ in the Consent Decree: by section 461 of the Workforce same date, the State of Arizona lodged Work, Response Costs, and State Future Innovation and Opportunity Act the same proposed Consent Decree with Response Costs. (WIOA). The Secretary of Labor the United States District Court for the established the Committee on The publication of this notice opens September 15, 2014 in accordance with District of Arizona in the lawsuit entitled State of Arizona v. Texas a period for public comment on the the provisions of the Federal Advisory Instruments Tucson Corporation, Civil Consent Decree. Comments should be Committee Act (FACA), as amended, 5 Action No. 4:15–cv–00257–DCB. The addressed to the Assistant Attorney U.S.C. App. 2. The purpose of the United States has filed a motion to General, Environment and Natural Committee is to study and prepare consolidate the two actions, and the Resources Division, and should refer to findings, conclusions and State of Arizona and Texas Instruments United States v. Burr-Brown recommendations for Congress and the Tucson Corporation (‘‘TI’’) have Corporation (now Texas Instruments Secretary of Labor on (1) ways to consented to that motion. Tucson Corporation, D.J. Ref. No. 90– increase employment opportunities for TI is working under an existing 11–3–369. All comments must be individuals with intellectual or consent decree, entered in 1990 in Civil submitted no later than thirty (30) days developmental disabilities or other Action No. 89–594–TUC–RMB (‘‘1990 after the publication date of this notice. individuals with significant disabilities Decree’’), to perform a CERCLA Comments may be submitted either by in competitive, integrated employment; response action to address contaminated email or by mail: (2) the use of the certificate program groundwater on part of the Tucson carried out under section 14(c) of the International Airport Authority To submit Fair Labor Standards Act (FLSA) of Send them to: Superfund Site (‘‘TIAA Site’’) in comments: 1938 (29 U.S.C. 214(c)); and (3) ways to Tucson, Arizona. The TIAA Site improve oversight of the use of such includes the Tucson International By e-mail ...... pubcomment-ees.enrd@ certificates. Airport, Air Force Plant 44, and several usdoj.gov. The Committee is required to meet no other adjacent areas. The proposed By mail ......... Assistant Attorney General, less than eight times. It is also required U.S. DOJ—ENRD, P.O. to submit an interim report to the Consent Decree addresses only the TI Box 7611, Washington, portion of Area ‘‘B’’ of the TIAA Site D.C. 20044–7611. Secretary of Labor; the Senate (‘‘Project Area’’). Other areas of the Committee on Health, Education, Labor TIAA Site are being addressed under and Pensions; and the House Committee separate federal facility agreements, During the public comment period, on Education and the Workforce within consent decrees and fund-lead remedial the Consent Decree may be examined one year of the Committee’s actions. The Project Area was operated and downloaded at this Justice establishment by September 15, 2015. A by TI’s predecessor-in-interest, Burr- Department Web site: http:// final report must be submitted to the Brown Corporation. Operations www.justice.gov/enrd/consent-decrees. same entities no later than two years included microchip manufacturing and We will provide a paper copy of the from the Committee establishment date. involved chemical storage and disposal. Consent Decree upon written request The Committee terminates one day after In 2013, TI sold the Project Area to HSL and payment of reproduction costs. the submission of the final report. TI Properties, which does not use it for Please mail your request and payment The next meeting of the Committee industrial purposes. to: Consent Decree Library, U.S. DOJ— will take place on Monday, July 13, The 1990 Decree contains provisions ENRD, P.O. Box 7611, Washington, DC 2015 and Tuesday, July 14, 2015. The that the parties would like to amend as 20044–7611. meeting will be open to the public on TI begins to implement an amended Monday, July 13 from 8:30 a.m. to 5:00 Please enclose a check or money order Record of Decision (‘‘Amended ROD’’). p.m., Eastern Daylight Time (EDT). On for $47.00 (25 cents per page At the same time, the Arizona Tuesday, July 14th, the meeting will be reproduction cost) payable to the United open to the public from 8:00 a.m. to 4:00 Department of Environmental Quality States Treasury. For a paper copy p.m., EDT. The meeting will take place (‘‘ADEQ’’) would like to resolve its claims under state law with TI, and to without the exhibits, the cost is $21.25. at the U.S. Access Board, 1331 F Street tkelley on DSK3SPTVN1PROD with NOTICES participate in oversight of the remedy. Maureen Katz, NW., Suite 800, Washington, DC 20004– The proposed Consent Decree, which Assistant Section Chief, Environmental 1111. would supersede the 1990 Decree, Enforcement Section, Environment and On July 13th and 14th, the four would implement the Amended ROD, Natural Resources Division. subcommittees of the Committee will add the State of Arizona as a party, and [FR Doc. 2015–15205 Filed 6–19–15; 8:45 am] report out on their work on draft resolve its claims under state law. chapters for the interim report. The four BILLING CODE 4410–15–P Under the Consent Decree, TI commits subcommittees are: The Transition to VerDate Sep<11>2014 17:45 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\22JNN1.SGM 22JNN1


Document Created: 2018-02-22 11:13:45
Document Modified: 2018-02-22 11:13:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 35675 
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