80_FR_50203 80 FR 50044 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act

80 FR 50044 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act

DEPARTMENT OF JUSTICE

Federal Register Volume 80, Issue 159 (August 18, 2015)

Page Range50044-50045
FR Document2015-20307

Federal Register, Volume 80 Issue 159 (Tuesday, August 18, 2015)
[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Notices]
[Pages 50044-50045]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20307]


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DEPARTMENT OF JUSTICE


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

    On Friday, August 14, 2015, the Department of Justice lodged a 
proposed Consent Decree with the United States District Court for the 
Eastern District of Washington in the lawsuit entitled United States v. 
Klickitat County Port District No. 1, Civil Action No. 1:15-CV-03051-
RMP.
    The United States initiated this civil action on behalf of the 
United States Environmental Protection Agency against the Klickitat 
County Port District No. 1 (the ``Port'') pursuant to Section 107 of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act, 42 U.S.C. 9607, to recover response costs incurred in connection 
with the release and threatened release of hazardous substances from 
the Recycled Aluminum Metals Company Aluminum Waste Disposal Site (the 
``Site'') located in Klickitat County, Washington.
    Between 1979 and 1991 the Port continuously owned the Site during 
which time now-defunct lessees deposited waste from secondary aluminum 
smelting operations into an unlined landfill on the Site. In 2010, the 
United States conducted a removal action to prevent hazardous 
substances from leaching into the groundwater and threatening human 
populations. Under the terms of the proposed Consent Decree, the Port 
will pay $2,000,000 to

[[Page 50045]]

reimburse the United States for its past response costs incurred during 
the removal action. In exchange, the Port will receive a covenant 
protecting it from further action to recover past response costs as 
that term is defined in the proposed Consent Decree.
    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 v. Klickitat County Port District No. 
1, D.J. Ref. No. 90-11-3-10906. 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 e-mail.................................  [email protected].
By mail...................................  Assistant Attorney General,
                                            U.S. DOJ--ENRD,
                                            P.O. Box 7611,
                                            Washington, DC 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 $6.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2015-20307 Filed 8-17-15; 8:45 am]
 BILLING CODE 4410-15-P



                                                    50044                        Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Notices

                                                    Overview of This Information                            individual or entity engaged in the                      6 An estimate of the total public
                                                    Collection                                              business of acquiring or owning salvage               burden (in hours) associated with the
                                                      1. Type of Information Collection:                    automobiles for—(1) Resale in their                   collection: An estimate of the total
                                                    Extension of currently approved                         entirety or as spare parts; or (2)                    public burden (in hours) associated with
                                                    collection.                                             Rebuilding, restoration, or crushing.’’               the collection is 48,000 to 96,000 hours
                                                      2. The Title of the Form/Collection:                  These definitions include vehicle                        Total Annual Reporting Burden:
                                                                                                            remarketers and vehicle recyclers,                    8,000 × 30 minutes per month (12 times
                                                    National Motor Vehicle Title
                                                                                                            including scrap vehicle shredders and                      per year) = 48,000
                                                    Information System (NMVTIS)                                                                                   8,000 × 60 minutes per month (12 times
                                                      3. The agency form number, if any,                    scrap metal processors as well as ‘‘pull-
                                                                                                            or pick-apart yards,’’ salvage pools,                      per year) = 96,000
                                                    and the applicable component of the                                                                           If additional information is required
                                                    Department sponsoring the collection:                   salvage auctions, used automobile
                                                                                                            dealers, and other types of auctions                  contact: Jerri Murray, Department
                                                    None. Bureau of Justice Assistance,                                                                           Clearance Officer, United States
                                                    Office of Justice Programs, United States               handling salvage or junk vehicles
                                                                                                            (including vehicles declared by any                   Department of Justice, Justice
                                                    Department of Justice.                                                                                        Management Division, Policy and
                                                      4. Affected public who will be asked                  insurance company to be a ‘‘total loss’’
                                                                                                            regardless of any damage assessment).                 Planning Staff, Two Constitution
                                                    or required to respond, as well as a brief                                                                    Square, 145 N Street NE., 3E.405B,
                                                    abstract: Primary: Auto recyclers, junk                 Businesses that operate on behalf of
                                                                                                            these entities or individual domestic or              Washington, DC 20530.
                                                    yards and salvage yards are required to
                                                    report information into NMVTIS. The                     international salvage vehicle buyers,                   Dated: August 11, 2015.
                                                    Anti-Car Theft Act, defines junk and                    sometimes known as ‘‘brokers’’ may also               Jerri Murray,
                                                    salvage yards ‘‘as individuals or entities              meet these regulatory definitions of                  Department Clearance Officer for PRA, U.S.
                                                    engaged in the business of acquiring or                 salvage and junk yards. It is important               Department of Justice.
                                                    owning junk or salvage automobiles for                  to note that industries not specifically              [FR Doc. 2015–20048 Filed 8–17–15; 8:45 am]
                                                    resale in their entirety or as spare parts              listed in the junk yard or salvage yard               BILLING CODE 4410–18–P
                                                    or for rebuilding, restoration, or                      definition may still meet one of the
                                                    crushing.’’ Included in this definition                 definitions and, therefore, be subject to
                                                    are scrap-vehicle shredders and scrap-                  the NMVTIS reporting requirements.                    DEPARTMENT OF JUSTICE
                                                    metal processors, as well as ‘‘pull- or                    An individual or entity meeting the
                                                    pick-apart yards,’’ salvage pools, salvage              junk yard or salvage yard definition is               Notice of Lodging of Proposed
                                                    auctions, and other types of auctions,                  subject to the NMVTIS reporting                       Consent Decree Under the
                                                    businesses, and individuals that handle                 requirements if that individual or entity             Comprehensive Environmental
                                                    salvage vehicles (including vehicles                    handles 5 or more junk or salvage motor               Response, Compensation, and Liability
                                                    declared a ‘‘total loss’’).                             vehicles per year and is engaged in the               Act
                                                      Abstract: Reporting information on                    business of acquiring or owning a junk                   On Friday, August 14, 2015, the
                                                    junk and salvage vehicles to the                        automobile or a salvage automobile                    Department of Justice lodged a proposed
                                                    National Motor Vehicle Title                            for—‘‘(1) Resale in their entirety or as              Consent Decree with the United States
                                                    Information System (NMVTIS)—                            spare parts; or (2) Rebuilding,                       District Court for the Eastern District of
                                                    supported by the U.S. Department of                     restoration, or crushing.’’ Reporting                 Washington in the lawsuit entitled
                                                    Justice (DOJ)—is required by federal                    entities can determine whether a vehicle              United States v. Klickitat County Port
                                                    law. Under federal law, junk and                        is junk or salvage by referring to the                District No. 1, Civil Action No. 1:15–
                                                    salvage yards must report certain                       definitions provided in the NMVTIS                    CV–03051–RMP.
                                                    information to NMVTIS on a monthly                      regulations at 28 CFR 25.52. An                          The United States initiated this civil
                                                    basis. This legal requirement has been                  NMVTIS Reporting Entity is required to                action on behalf of the United States
                                                    in place since March 2009, following                    report specific information to NMVTIS                 Environmental Protection Agency
                                                    the promulgation of regulations (28 CFR                 within one month of receiving such a                  against the Klickitat County Port District
                                                    part 25) to implement the junk- and                     vehicle, and failure to report may result             No. 1 (the ‘‘Port’’) pursuant to Section
                                                    salvage-yard reporting provisions of the                in assessment of a civil penalty of                   107 of the Comprehensive
                                                    Anti-Car Theft Act (codified at 49 U.S.C.               $1,000 per violation.                                 Environmental Response,
                                                    30501–30505). Accordingly, a junk or                       5 An estimate of the total number of               Compensation, and Liability Act, 42
                                                    salvage yard within the United States                   respondents and the amount of time                    U.S.C. 9607, to recover response costs
                                                    must, on a monthly basis, provide an                    estimated for an average respondent to                incurred in connection with the release
                                                    inventory to NMVTIS of the junk or                      respond: There are currently                          and threatened release of hazardous
                                                    salvage automobiles that it obtained (in                approximately 8,000 businesses that                   substances from the Recycled
                                                    whole or in part) in the prior month. 28                report on a regular basis into NMVTIS.                Aluminum Metals Company Aluminum
                                                    CFR 25.56(a).                                           The estimate for the average amount of                Waste Disposal Site (the ‘‘Site’’) located
                                                      An NMVTIS Reporting Entity                            time for each business to report varies:              in Klickitat County, Washington.
                                                    includes any individual or entity that                  30–60 minutes (estimated). The states                    Between 1979 and 1991 the Port
                                                    meets the federal definition, found in                  and insurance companies already are                   continuously owned the Site during
                                                    the NMVTIS regulations at 28 CFR                        capturing most of the data needed to be               which time now-defunct lessees
                                                    25.52, for a ‘‘junk yard’’ or ‘‘salvage                 reported, and the reporting consists of               deposited waste from secondary
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    yard.’’ According to those regulations, a               electronic, batch uploaded information.               aluminum smelting operations into an
                                                    junk yard is defined as ‘‘an individual                 So, for those automated companies the                 unlined landfill on the Site. In 2010, the
                                                    or entity engaged in the business of                    reporting time is negligible. For smaller             United States conducted a removal
                                                    acquiring or owning junk automobiles                    junk and salvage yard operators who                   action to prevent hazardous substances
                                                    for—(1) Resale in their entirety or as                  would enter the data manually, it is                  from leaching into the groundwater and
                                                    spare parts; or (2) Rebuilding,                         estimated that it will take respondents               threatening human populations. Under
                                                    restoration, or crushing.’’ The                         an average of 30–60 minutes per month                 the terms of the proposed Consent
                                                    regulations define a salvage yard as ‘‘an               to respond.                                           Decree, the Port will pay $2,000,000 to


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                                                                                      Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Notices                                          50045

                                                    reimburse the United States for its past                     SUMMARY:   The Department of Labor                    benefits; consequently, a person who
                                                    response costs incurred during the                           (DOL) is submitting the Office of                     files such a claim may submit medical
                                                    removal action. In exchange, the Port                        Workers’ Compensation Programs                        information to the OWCP, Division of
                                                    will receive a covenant protecting it                        (OWCP) sponsored information                          Coal Mine Workers’ Compensation to
                                                    from further action to recover past                          collection request (ICR) revision titled,             help develop the claim. Form CM–936
                                                    response costs as that term is defined in                    ‘‘Authorization for Release of Medical                gives the claimant’s consent for the
                                                    the proposed Consent Decree.                                 Information for Black Lung Benefits,’’ to             release of that medical information by
                                                       The publication of this notice opens                      the Office of Management and Budget                   any physician, hospital, agency, or other
                                                    a period for public comment on the                           (OMB) for review and approval for use                 organization to the OWCP. This
                                                    proposed Consent Decree. Comments                            in accordance with the Paperwork                      information collection has been
                                                    should be addressed to the Assistant                         Reduction Act (PRA) of 1995 (44 U.S.C.                classified as a revision, because of
                                                    Attorney General, Environment and                            3501 et seq.). Public comments on the                 minor changes to CM–936 to provide
                                                    Natural Resources Division, and should                       ICR are invited.                                      clearer language so claimants can better
                                                    refer to United States v. Klickitat County                   DATES: The OMB will consider all                      understand what information they need
                                                    Port District No. 1, D.J. Ref. No. 90–11–                    written comments that agency receives                 to provide. Federal Mine Safety and
                                                    3–10906. All comments must be                                on or before September 17, 2015.                      Health Act of 1977 section 436
                                                    submitted no later than thirty (30) days                     ADDRESSES: A copy of this ICR with                    authorizes this information collection.
                                                    after the publication date of this notice.                   applicable supporting documentation;                  See 30 U.S.C. 936.
                                                    Comments may be submitted either by                          including a description of the likely                    This information collection is subject
                                                    email or by mail:                                            respondents, proposed frequency of                    to the PRA. A Federal agency generally
                                                                                                                 response, and estimated total burden                  cannot conduct or sponsor a collection
                                                    To submit                                                    may be obtained free of charge from the               of information, and the public is
                                                                            Send them to:
                                                    comments:                                                    RegInfo.gov Web site at http://                       generally not required to respond to an
                                                    By e-mail .......       pubcomment-ees.enrd@                 www.reginfo.gov/public/do/                            information collection, unless it is
                                                                              usdoj.gov.                         PRAViewICR?ref_nbr=201505-1240-002                    approved by the OMB under the PRA
                                                    By mail ...........     Assistant Attorney General,          (this link will only become active on the             and displays a currently valid OMB
                                                                            U.S. DOJ—ENRD,                       day following publication of this notice)             Control Number. In addition,
                                                                            P.O. Box 7611,                       or by contacting Michel Smyth by                      notwithstanding any other provisions of
                                                                            Washington, DC 20044–                telephone at 202–693–4129, TTY 202–                   law, no person shall generally be subject
                                                                              7611.                              693–8064, (these are not toll-free                    to penalty for failing to comply with a
                                                                                                                 numbers) or sending an email to DOL_                  collection of information that does not
                                                      During the public comment period,                          PRA_PUBLIC@dol.gov.                                   display a valid Control Number. See 5
                                                    the proposed Consent Decree may be                              Submit comments about this request                 CFR 1320.5(a) and 1320.6. The DOL
                                                    examined and downloaded at this                              by mail or courier to the Office of                   obtains OMB approval for this
                                                    Justice Department Web site: http://                         Information and Regulatory Affairs,                   information collection under Control
                                                    www.justice.gov/enrd/consent-decrees.                        Attn: OMB Desk Officer for DOL–                       Number 1240–0034. The current
                                                    We will provide a paper copy of the                          OWCP, Office of Management and                        approval is scheduled to expire on
                                                    proposed Consent Decree upon written                         Budget, Room 10235, 725 17th Street                   October 31, 2015; however, the DOL
                                                    request and payment of reproduction                          NW., Washington, DC 20503; by Fax:                    notes that existing information
                                                    costs. Please mail your request and                          202–395–5806 (this is not a toll-free                 collection requirements submitted to the
                                                    payment to:                                                  number); or by email: OIRA_                           OMB receive a month-to-month
                                                    Consent Decree Library, U.S. DOJ—                            submission@omb.eop.gov. Commenters                    extension while they undergo review.
                                                    ENRD, P.O. Box 7611, Washington, DC                          are encouraged, but not required, to                  New requirements would only take
                                                    20044–7611.                                                  send a courtesy copy of any comments                  effect upon OMB approval. For
                                                      Please enclose a check or money order                      by mail or courier to the U.S.                        additional substantive information
                                                    for $6.75 (25 cents per page                                 Department of Labor-OASAM, Office of                  about this ICR, see the related notice
                                                    reproduction cost) payable to the United                     the Chief Information Officer, Attn:                  published in the Federal Register on
                                                                                                                 Departmental Information Compliance                   May 18, 2015 (80 FR 28302).
                                                    States Treasury.
                                                                                                                 Management Program, Room N1301,                          Interested parties are encouraged to
                                                    Susan M. Akers,                                              200 Constitution Avenue NW.,                          send comments to the OMB, Office of
                                                    Assistant Section Chief, Environmental                       Washington, DC 20210; or by email:                    Information and Regulatory Affairs at
                                                    Enforcement Section, Environment and                         DOL_PRA_PUBLIC@dol.gov.                               the address shown in the ADDRESSES
                                                    Natural Resources Division.                                  FOR FURTHER INFORMATION CONTACT:                      section within thirty (30) days of
                                                    [FR Doc. 2015–20307 Filed 8–17–15; 8:45 am]                  Michel Smyth by telephone at 202–693–                 publication of this notice in the Federal
                                                    BILLING CODE 4410–15–P                                       4129, TTY 202–693–8064, (these are not                Register. In order to help ensure
                                                                                                                 toll-free numbers) or sending an email                appropriate consideration, comments
                                                                                                                 to DOL_PRA_PUBLIC@dol.gov.                            should mention OMB Control Number
                                                    DEPARTMENT OF LABOR                                            Authority: 44 U.S.C. 3507(a)(1)(D).                 1240–0034. The OMB is particularly
                                                                                                                 SUPPLEMENTARY INFORMATION:      This ICR              interested in comments that:
                                                    Office of the Secretary                                      seeks approval under the PRA for                         • Evaluate whether the proposed
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                 revisions to the Authorization for                    collection of information is necessary
                                                    Agency Information Collection                                Release of Medical Information for                    for the proper performance of the
                                                    Activities; Submission for OMB                               Black Lung Benefits information                       functions of the agency, including
                                                    Review; Comment Request;                                     collection, Form CM–936. Regulations                  whether the information will have
                                                    Authorization for Release of Medical                         20 CFR 725.405 requires all relevant                  practical utility;
                                                    Information for Black Lung Benefits                          medical evidence be considered before                    • Evaluate the accuracy of the
                                                    ACTION:    Notice.                                           a decision is made regarding a                        agency’s estimate of the burden of the
                                                                                                                 claimant’s eligibility for black lung                 proposed collection of information,


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Document Created: 2015-12-15 12:04:25
Document Modified: 2015-12-15 12:04:25
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 50044 

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