80_FR_49072 80 FR 48915 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act, the Model Toxics Control Act, Clean Water Act, the Washington Water Pollution Control Act, and the Oil Pollution Act

80 FR 48915 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act, the Model Toxics Control Act, Clean Water Act, the Washington Water Pollution Control Act, and the Oil Pollution Act

DEPARTMENT OF JUSTICE

Federal Register Volume 80, Issue 157 (August 14, 2015)

Page Range48915-48916
FR Document2015-19982

Federal Register, Volume 80 Issue 157 (Friday, August 14, 2015)
[Federal Register Volume 80, Number 157 (Friday, August 14, 2015)]
[Notices]
[Pages 48915-48916]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19982]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the 
Comprehensive Environmental Response, Compensation, and Liability Act, 
the Model Toxics Control Act, Clean Water Act, the Washington Water 
Pollution Control Act, and the Oil Pollution Act

    On August 5, 2015, The United States of America filed a complaint 
and lodged a proposed Consent Decree with the United States District 
Court for the Western District of Washington in the lawsuit entitled 
United States of America, et al. v. Advance Ross Sub Company, et al., 
Civil Action 3:15-cv-05548, Dkt #'s 1-9.
    The United States Department of Commerce, acting through NOAA; the 
United States Department of the Interior; the Washington Department of 
Ecology on behalf of the State of Washington; the Puyallup Tribe of 
Indians, and the Muckleshoot Indian Tribe (collectively, ``the 
Trustees'' and, individually, a ``Trustee''), under the authority of 
section 107(f) of the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA) 42 U.S.C. 9607(f), section 
1321(f)(5) of the Clean Water Act (CWA), section 1006(b) of the Oil 
Pollution Act (OPA), 33 U.S.C. 2706(b), and 40 CFR part 300, subpart G, 
of the Model Toxics Control Act (MTCA) and the Washington Water 
Pollution Control Act (WPCA), serve as trustees for natural resources 
for the assessment and recovery of damages for injury to, destruction 
of, or loss of natural resources under their trusteeship.
    Investigations conducted by the United States Environmental 
Protection Agency (``EPA''), the Trustees, and others have detected 
hazardous substances in the sediments, soils and groundwater of the 
Commencement Bay environment, including but not limited to arsenic, 
antimony, cadmium, chromium, copper, mercury, nickel, lead, zinc, 
bis(2-ethylhexyl)-phthalate, polycyclic aromatic hydrocarbons (PAHs), 
and polychlorinated biphenyls (PCBs). The Trustees have documented the 
presence of over 23 hazardous substances in the marine sediments of 
Commencement Bay's Thea Foss and Wheeler-Osgood Waterways.
    Plaintiffs have filed a complaint pursuant to section 107 of 
CERCLA, 42 U.S.C. 9607; MTCA, chapter 70.105D RCW; CWA, 33 U.S.C. 1251 
et seq.; and OPA, 33 U.S.C. 2701 et seq., seeking recovery from 
Defendants of damages for injury to, destruction of, and loss of 
natural resources resulting from releases of hazardous substances from 
the Thea Foss and Wheeler-Osgood waterway and into Commencement Bay, 
including the costs of assessing the damages.
    The Trustees allege that Defendants each are the current or past 
owners and/or operators of facilities from which hazardous substances 
have been discharged to Commencement Bay. The Trustees further allege 
that those hazardous substances caused injury to, destruction of, and 
loss of natural resources, including fish, shellfish, invertebrates, 
birds, marine sediments, and resources of cultural significance.
    Under the proposed settlement, the Defendants will fund and take 
responsibility for the development of a habitat restoration project on 
the White River; Monitor and adaptively manage the project for ten 
years to ensure stable acreage; preserve a portion of the Wheeler 
Osgood Waterway for use as a future habitat restoration project; pay 
$50,000 to fund Trustee oversight of the restoration projects; 
reimburse $833,705 in Trustees' assessment costs; and contribute 
$188,000 to the Trustees' permanent restoration site stewardship fund.
    The publication of this notice opens a period for public comment on 
the Proposed Consent Decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States, et al. v. Advance Ross Sub Company 
et al. Aluminum Corporation, Civil Action No. 3:15-cv-05548, D.J. Ref. 
No. 90-11-2-1049/16. 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:
------------------------------------------------------------------------
By email............................  [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 Proposed 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 proposed 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 $44.75 (25 cents per page

[[Page 48916]]

reproduction cost) payable to the United States Treasury.

Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2015-19982 Filed 8-13-15; 8:45 am]
 BILLING CODE 4410-15-P



                                                                                  Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Notices                                                48915

                                                    faith-based or religious organizations to               DEPARTMENT OF JUSTICE                                 of hazardous substances from the Thea
                                                    make reasonable efforts to identify and                                                                       Foss and Wheeler-Osgood waterway and
                                                    refer beneficiaries requesting referrals to             Notice of Lodging of Proposed                         into Commencement Bay, including the
                                                    alternative service providers.                          Consent Decree Under the                              costs of assessing the damages.
                                                                                                            Comprehensive Environmental                              The Trustees allege that Defendants
                                                       5. An estimate of the total number of                                                                      each are the current or past owners and/
                                                                                                            Response, Compensation, and Liability
                                                    respondents and the amount of time                      Act, the Model Toxics Control Act,                    or operators of facilities from which
                                                    estimated for an average respondent to                  Clean Water Act, the Washington                       hazardous substances have been
                                                    respond: The Department acknowledges                    Water Pollution Control Act, and the                  discharged to Commencement Bay. The
                                                    that estimating the number of faith-                    Oil Pollution Act                                     Trustees further allege that those
                                                    based or religious organizations that                                                                         hazardous substances caused injury to,
                                                    provide services or benefits under                        On August 5, 2015, The United States                destruction of, and loss of natural
                                                    Department programs is challenging. To                  of America filed a complaint and lodged               resources, including fish, shellfish,
                                                    obtain this estimate, the Department                    a proposed Consent Decree with the                    invertebrates, birds, marine sediments,
                                                    relied upon information from two of its                 United States District Court for the                  and resources of cultural significance.
                                                    grantmaking components: The Office on                   Western District of Washington in the                    Under the proposed settlement, the
                                                                                                            lawsuit entitled United States of                     Defendants will fund and take
                                                    Violence Against Women (OVW) and
                                                                                                            America, et al. v. Advance Ross Sub                   responsibility for the development of a
                                                    the Office of Justice Programs (OJP).
                                                                                                            Company, et al., Civil Action 3:15-cv-                habitat restoration project on the White
                                                    OVW estimates that there are
                                                                                                            05548, Dkt #’s 1–9.                                   River; Monitor and adaptively manage
                                                    approximately 100 grantees and                            The United States Department of
                                                    subgrantees that would have to provide                                                                        the project for ten years to ensure stable
                                                                                                            Commerce, acting through NOAA; the                    acreage; preserve a portion of the
                                                    the notice to beneficiaries. OJP estimates              United States Department of the                       Wheeler Osgood Waterway for use as a
                                                    that there may be fewer than 50 grantees                Interior; the Washington Department of                future habitat restoration project; pay
                                                    and subgrantees subject to the notice                   Ecology on behalf of the State of                     $50,000 to fund Trustee oversight of the
                                                    requirement, based on three years of                    Washington; the Puyallup Tribe of                     restoration projects; reimburse $833,705
                                                    information related to legal name,                      Indians, and the Muckleshoot Indian                   in Trustees’ assessment costs; and
                                                    application for funding, and use of                     Tribe (collectively, ‘‘the Trustees’’ and,            contribute $188,000 to the Trustees’
                                                    special conditions that is maintained in                individually, a ‘‘Trustee’’), under the               permanent restoration site stewardship
                                                    its Grants Management System.                           authority of section 107(f) of the                    fund.
                                                    Accordingly, the Department estimates                   Comprehensive Environmental                              The publication of this notice opens
                                                    that the total number of organizations                  Response, Compensation, and Liability                 a period for public comment on the
                                                    that must give notice will be equal to                  Act (CERCLA) 42 U.S.C. 9607(f), section               Proposed Consent Decree. Comments
                                                    150. It is further estimated, as stated                 1321(f)(5) of the Clean Water Act                     should be addressed to the Assistant
                                                    below, the total hours per year for                     (CWA), section 1006(b) of the Oil                     Attorney General, Environment and
                                                    respondents to give notice is estimated                 Pollution Act (OPA), 33 U.S.C. 2706(b),               Natural Resources Division, and should
                                                    to be 60.                                               and 40 CFR part 300, subpart G, of the                refer to United States, et al. v. Advance
                                                                                                            Model Toxics Control Act (MTCA) and                   Ross Sub Company et al. Aluminum
                                                       6. An estimate of the total public                   the Washington Water Pollution Control                Corporation, Civil Action No. 3:15-cv-
                                                    burden (in hours) associated with the                   Act (WPCA), serve as trustees for                     05548, D.J. Ref. No. 90–11–2–1049/16.
                                                    collection: The estimated public burden                 natural resources for the assessment and              All comments must be submitted no
                                                    associated with this collection is 60                   recovery of damages for injury to,                    later than thirty (30) days after the
                                                    hours per year. It is estimated that                    destruction of, or loss of natural                    publication date of this notice.
                                                    respondents will take 1 minute to                       resources under their trusteeship.                    Comments may be submitted either by
                                                    provide the notice. The burden hours                      Investigations conducted by the                     email or by mail:
                                                    for providing a beneficiary referral                    United States Environmental Protection
                                                    request was calculated as follows: (150                 Agency (‘‘EPA’’), the Trustees, and                   To submit           Send them to:
                                                    faith-based or religious organizations ×                others have detected hazardous                        comments:
                                                    1/60 hour (the time needed to give the                  substances in the sediments, soils and
                                                                                                                                                                  By email .......    pubcomment-ees.enrd@
                                                    notice) × 12 per year (the number of                    groundwater of the Commencement Bay
                                                                                                                                                                                        usdoj.gov
                                                    annual requests for a referral) = 60                    environment, including but not limited                By mail .........   Assistant Attorney General,
                                                    hours).                                                 to arsenic, antimony, cadmium,                                              U.S. DOJ–ENRD, P.O. Box
                                                                                                            chromium, copper, mercury, nickel,                                          7611, Washington, D.C.
                                                       If additional information is required                lead, zinc, bis(2-ethylhexyl)-phthalate,                                    20044–7611
                                                    contact: Jerri Murray, Department                       polycyclic aromatic hydrocarbons
                                                    Clearance Officer, United States                        (PAHs), and polychlorinated biphenyls                   During the public comment period,
                                                    Department of Justice, Justice                          (PCBs). The Trustees have documented                  the Proposed Consent Decree may be
                                                    Management Division, Policy and                         the presence of over 23 hazardous                     examined and downloaded at this
                                                    Planning Staff, Two Constitution                        substances in the marine sediments of                 Justice Department Web site: http://
                                                    Square, 145 N Street NE., 3E.405B,                      Commencement Bay’s Thea Foss and                      www.justice.gov/enrd/consent-decrees.
                                                    Washington, DC 20530.                                   Wheeler-Osgood Waterways.                             We will provide a paper copy of the
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                      Dated: August 11, 2015.                                 Plaintiffs have filed a complaint                   proposed consent decree upon written
                                                    Jerri Murray,
                                                                                                            pursuant to section 107 of CERCLA, 42                 request and payment of reproduction
                                                                                                            U.S.C. 9607; MTCA, chapter 70.105D                    costs. Please mail your request and
                                                    Department Clearance Officer for PRA, U.S.              RCW; CWA, 33 U.S.C. 1251 et seq.; and                 payment to: Consent Decree Library,
                                                    Department of Justice.
                                                                                                            OPA, 33 U.S.C. 2701 et seq., seeking                  U.S. DOJ—ENRD, P.O. Box 7611,
                                                    [FR Doc. 2015–20162 Filed 8–13–15; 8:45 am]             recovery from Defendants of damages                   Washington, DC 20044–7611.
                                                    BILLING CODE 4410–18–P                                  for injury to, destruction of, and loss of              Please enclose a check or money order
                                                                                                            natural resources resulting from releases             for $44.75 (25 cents per page


                                               VerDate Sep<11>2014   18:50 Aug 13, 2015   Jkt 235001   PO 00000   Frm 00112   Fmt 4703   Sfmt 4703   E:\FR\FM\14AUN1.SGM   14AUN1


                                                    48916                         Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Notices

                                                    reproduction cost) payable to the United                customers participating in the WIA                    education and occupational skills
                                                    States Treasury.                                        Evaluation for an additional six months.              building. This evaluation will offer
                                                                                                            The customers are being surveyed 30                   policymakers, program administrators,
                                                    Susan M. Akers,
                                                                                                            months after they were randomly                       and service providers information about
                                                    Assistant Section Chief, Environmental
                                                                                                            assigned.                                             the relative effectiveness of services,
                                                    Enforcement Section, Environment and
                                                    Natural Resources Division.                             DATES: Written comments must be                       including training, how the
                                                    [FR Doc. 2015–19982 Filed 8–13–15; 8:45 am]             submitted to the office listed in the                 effectiveness varies by target
                                                                                                            addresses section below on or before on               population, and how the services are
                                                    BILLING CODE 4410–15–P
                                                                                                            or before October 13, 2015.                           provided. The study will also produce
                                                                                                            ADDRESSES: Send comments to Eileen
                                                                                                                                                                  estimates of the benefits and costs of
                                                                                                            Pederson, Office of Policy Development                WIA intensive and training services.
                                                    DEPARTMENT OF LABOR                                                                                           The Department contracted with
                                                                                                            and Research, Employment and
                                                    Employment and Training                                 Training Administration, U.S.                         Mathematica Policy Research and its
                                                    Administration                                          Department of Labor, 200 Constitution                 subcontractors—Social Policy Research
                                                                                                            Ave. NW., Room N–5641, Washington,                    Associates, MDRC, and the Corporation
                                                    Comment Request for Information                         DC 20210. Telephone number: (202)                     for a Skilled Workforce—to conduct this
                                                    Collection for the Workforce                            693–3647 (this is not a toll-free                     evaluation.
                                                    Investment Act (WIA) Adult and                          number). Email address:                                  Random assignment occurred in 28
                                                    Dislocated Worker Programs Gold                         pederson.eileen@dol.gov. Fax number:                  randomly-selected Local Workforce
                                                    Standard Evaluation (WIA Evaluation);                   (202) 693–2766 (this is not a toll-free               Investment Areas (LWIAs) between
                                                    Extension Request Without a Change                      number).                                              November 2011 and April 2013. The
                                                    to an Existing Collection                                                                                     length of the intake period was
                                                                                                            SUPPLEMENTARY INFORMATION:
                                                                                                                                                                  determined in consultation with the
                                                    AGENCY: Employment and Training                         I. Background                                         Local Workforce Investment Board and/
                                                    Administration (ETA), Labor.                                                                                  or LWIA administrators. WIA customers
                                                    ACTION: Notice.                                            Passage of WIA (Pub. L. 105–220) led
                                                                                                            to a major redesign of the country’s                  who were eligible for intensive services
                                                    SUMMARY:    The Department of Labor                     workforce system. WIA programs serve                  were randomly assigned to one of three
                                                    (Department), as part of its continuing                 more than 6 million people annually at                groups: (1) The full-WIA group—adults
                                                    effort to reduce paperwork and                          a cost of over $3 billion (U.S.                       and dislocated workers in this group
                                                    respondent burden, conducts a                           Department of Labor, Fiscal Year 2012                 could receive any WIA service for
                                                    preclearance consultation program to                    Budget in Brief). Among its goals, WIA                which they are eligible; (2) the core-and-
                                                    provide the general public and Federal                  aims to bring formerly fragmented                     intensive group—adults and dislocated
                                                    agencies with an opportunity to                         public and private employment services                workers in this group could receive any
                                                    comment on proposed and/or                              together in a single location within each             WIA core and intensive services for
                                                    continuing collections of information in                community, make them accessible to a                  which they are eligible, but not training;
                                                    accordance with the Paperwork                           wider population than did prior                       and (3) the core-only group—adults and
                                                    Reduction Act of 1995 (PRA) [44 U.S.C.                  employment services and training,                     dislocated workers in this group could
                                                    3506(c)(2)(A)]. This program helps to                   empower customers with greater ability                receive only core services and no WIA
                                                    ensure that required data can be                        to choose from services and training                  intensive or training services. Customers
                                                    provided in the desired format,                         options, and provide localities greater               who did not consent to participate in
                                                    reporting burden (time and financial                    local flexibility in using funds and                  the study were allowed to receive core
                                                    resources) is minimized, collection                     greater accountability for customers’                 services only for the duration of the
                                                    instruments are clearly understood, and                 employment outcomes. In July 2014, the                study intake period in the respective
                                                    the impact of collection requirements on                Workforce Innovation and Opportunity                  LWIA.
                                                    respondents can be properly assessed.                   Act of 2014 (WIOA) was signed into                       About 36,000 WIA adult and
                                                       The Department notes that a Federal                  law, superseding the Workforce                        dislocated worker customers were
                                                    agency cannot conduct or sponsor a                      Investment Act of 1998. Although                      randomly assigned to the evaluation—
                                                    collection of information unless it is                  WIOA makes some important changes to                  about 32,000 customers to the full-WIA
                                                    approved by the Office of Management                    the public workforce investment system,               group and about 2,000 customers to
                                                    and Budget (OMB) under the PRA and                      the Adult and Dislocated Worker                       each of the restricted-service groups. All
                                                    displays a currently valid OMB control                  programs continue to exist and offer job              4,000 members of the restricted-service
                                                    number, and the public is not required                  seekers a similar set of services. Lessons            groups and a random sample of 2,000
                                                    to respond to an information collection                 learned from the WIA Evaluation can                   customers in the full-WIA group are
                                                    request unless it displays a currently                  inform policymakers and program                       being asked to complete two follow-up
                                                    valid OMB control number. Also,                         administrators as WIOA is                             surveys.
                                                    notwithstanding any other provisions of                 implemented.                                             The WIA Evaluation will address the
                                                    law, no person shall be subject to                         Congress mandated in section 172 of                following research questions:
                                                    penalty for failing to comply with a                    the WIA legislation that the Secretary of                1. Does access to WIA intensive services,
                                                    collection of information if the                        Labor conduct at least one multi-site                 alone or in conjunction with WIA-funded
                                                    collection of information does not                      control group evaluation. Accordingly,                training, lead adults and dislocated workers
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    display a currently valid OMB control                   the Department has undertaken the WIA                 to achieve better educational, employment,
                                                    number (see 5 CFR 1320.5(a) and                         Evaluation to provide rigorous,                       earnings, and self-sufficiency outcomes than
                                                                                                            nationally representative estimates of                they would achieve in the absence of access
                                                    1320.6).                                                                                                      to those services?
                                                       This information collection request is               the net-impacts of WIA intensive and                     2. Does the effectiveness of WIA vary by
                                                    to obtain extended clearance for                        training services. Intensive services                 population subgroup? Is there variation by
                                                    Mathematica Policy Research, under                      involve substantial staff assistance and              sex, age, race/ethnicity, unemployment
                                                    contract to ETA, to continue to                         include assessments, counseling, and                  insurance receipt, prior education level,
                                                    administer a follow-up survey to WIA                    job placement. Training services include              previous employment history, adult and



                                               VerDate Sep<11>2014   18:50 Aug 13, 2015   Jkt 235001   PO 00000   Frm 00113   Fmt 4703   Sfmt 4703   E:\FR\FM\14AUN1.SGM   14AUN1



Document Created: 2018-02-23 10:59:18
Document Modified: 2018-02-23 10:59:18
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 48915 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR