80 FR 60716 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act
DEPARTMENT OF JUSTICE Federal Register Volume 80, Issue 194 (October 7, 2015)
Federal Register Volume 80, Issue 194 (October 7, 2015)
| Page Range | 60716-60717 | |
| FR Document | 2015-25531 |
[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)] [Notices] [Pages 60716-60717] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-25531] ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act On September 29, 2015, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Central District of California in the lawsuit entitled United States v. Shell Oil Company, Civil Action No. 2:15-cv-07619-R (AGRx). The United States, on behalf of the U.S. Environmental Protection Agency (``EPA''), filed this lawsuit under CERCLA for performance of response action to address Operable Unit 1 of the Del Amo Superfund Site, and for cost recovery. The Site, the location of a former synthetic rubber plant, is in Los Angeles County, California. On September 29, 2015, the California Department of Toxic Substances Control (``DTSC'') also filed a complaint against the United States of America and Shell Oil Company under CERCLA for cost recovery with regard to Del Amo Superfund Site Operable Unit 1. California Department of Toxic Substances Control v. United States of America, et al. (C.D. Cal.), Civil Action No. 2:15-cv-07636. The proposed consent decree would resolve the claims alleged in the complaint of the United States and in the complaint of the DTSC, and provides for the implementation of a remedy that EPA and DTSC will oversee. The Consent Decree requires Shell Oil Company to implement the remedy selected by EPA for Operable Unit 1. EPA's selected remedy for Operable Unit 1, which addresses soil and non-aqueous phase liquid, includes capping and implementation of soil vapor extraction, building engineering controls, in-situ chemical oxidation, and institutional controls. The settlement further provides for Shell Oil Company to pay EPA $1,200,000 for past response costs, and to pay DTSC $63,993.81 for past response costs, and also to pay EPA and DTSC future response costs of overseeing the implementation of the remedial action. The proposed settlement includes the U.S. General Services Administration as a settling federal agency as the successor to the former federal government owners of the plant, and provides that the United States will reimburse Shell Oil Company for a portion of the costs. The publication of this notice opens a period for public comment on the Consent Decree. Comments should be addressed to the Assistant Attorney [[Page 60717]] General, Environment and Natural Resources Division, and should refer to United States v. Shell Oil Co., D.J. Ref. No. 90-11-2-933/4. 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............................ pubcomment-ees.enrd@usdoj.gov. By mail............................. Assistant Attorney General, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 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 $103.25 (25 cents per page reproduction cost) payable to the United States Treasury. For a paper copy without the exhibits, the cost is $32.50. Henry S. Friedman, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2015-25531 Filed 10-6-15; 8:45 am] BILLING CODE 4410-15-P
![60716 Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices
containing information and arguments non-road spark ignition engines DEPARTMENT OF JUSTICE
pertinent to the subject matter of the between 2006 and 2009 that were not
investigations. Parties may file written properly certified as compliant with the Notice of Lodging of Proposed
testimony in connection with their Clean Air Act’s applicable regulations, Consent Decree Under the
presentation at the conference. If briefs and failed to provide complete and Comprehensive Environmental
or written testimony contain BPI, they accurate information in response to an Response, Compensation, and Liability
must conform with the requirements of EPA request for information. The Act
sections 201.6, 207.3, and 207.7 of the proposed Consent Decree requires the On September 29, 2015, the
Commission’s rules. Please consult the defendants to pay a civil penalty of Department of Justice lodged a proposed
Commission’s rules, as amended, 76 FR $775,000, to implement a project to Consent Decree with the United States
61937 (October 6, 2011) and the mitigate the effects of air pollution District Court for the Central District of
Commission’s Handbook on Filing emissions arising from the sale of the California in the lawsuit entitled United
Procedures, 76 FR 62092 (October 6, allegedly noncompliant vehicles and States v. Shell Oil Company, Civil
2011), available on the Commission’s engines, and to implement a corporate Action No. 2:15–cv–07619–R (AGRx).
Web site at http://edis.usitc.gov. compliance plan including inspections, The United States, on behalf of the
In accordance with sections 201.16(c) emissions and catalyst testing, and U.S. Environmental Protection Agency
and 207.3 of the rules, each document training and reporting requirements for (‘‘EPA’’), filed this lawsuit under
filed by a party to the investigations both imported and domestically- CERCLA for performance of response
must be served on all other parties to produced products. action to address Operable Unit 1 of the
the investigations (as identified by The publication of this notice opens Del Amo Superfund Site, and for cost
either the public or BPI service list), and a period for public comment on the recovery. The Site, the location of a
a certificate of service must be timely proposed Consent Decree. Comments former synthetic rubber plant, is in Los
filed. The Secretary will not accept a should be addressed to the Assistant Angeles County, California.
document for filing without a certificate Attorney General, Environment and On September 29, 2015, the California
of service. Natural Resources Division, and should Department of Toxic Substances Control
Authority: These investigations are being refer to United States v. Tractor Supply (‘‘DTSC’’) also filed a complaint against
conducted under authority of title VII of the Company, Inc. and Tractor Supply the United States of America and Shell
Tariff Act of 1930; this notice is published Company of Texas, L.P., D.J. Ref. No. Oil Company under CERCLA for cost
pursuant to section 207.12 of the 90–5–2–1–10153. All comments must be recovery with regard to Del Amo
Commission’s rules. submitted no later than thirty (30) days Superfund Site Operable Unit 1.
By order of the Commission. after the publication date of this notice. California Department of Toxic
Dated: October 1, 2015. Comments may be submitted either by Substances Control v. United States of
William R. Bishop, email or by mail: America, et al. (C.D. Cal.), Civil Action
Supervisory Information Hearing Officer. No. 2:15–cv–07636.
To submit The proposed consent decree would
[FR Doc. 2015–25469 Filed 10–6–15; 8:45 am] Send them to:
comments: resolve the claims alleged in the
BILLING CODE 7020–02–P
By email ....... pubcomment-ees.enrd@ complaint of the United States and in
usdoj.gov. the complaint of the DTSC, and
By mail ......... Assistant Attorney General, provides for the implementation of a
DEPARTMENT OF JUSTICE
U.S. DOJ—ENRD, P.O. remedy that EPA and DTSC will
Notice of Lodging of Proposed Box 7611, Washington, DC oversee. The Consent Decree requires
Consent Decree Under the Federal Air 20044–7611. Shell Oil Company to implement the
Pollution Prevention and Control Act remedy selected by EPA for Operable
(Clean Air Act) During the public comment period, Unit 1. EPA’s selected remedy for
the Consent Decree may be examined Operable Unit 1, which addresses soil
On September 30, 2015 the and downloaded at this Justice and non-aqueous phase liquid, includes
Department of Justice lodged a proposed Department Web site: http:// capping and implementation of soil
Consent Decree with the United States www.justice.gov/enrd/consent-decrees. vapor extraction, building engineering
District Court for the District of the We will provide a paper copy of the controls, in-situ chemical oxidation, and
District of Columbia in the lawsuit proposed Consent Decree upon written institutional controls. The settlement
entitled United States v. Tractor Supply request and payment of reproduction further provides for Shell Oil Company
Company, Inc. and Tractor Supply costs. Please mail your request and to pay EPA $1,200,000 for past response
Company of Texas, L.P., Civil Action payment to: Consent Decree Library, costs, and to pay DTSC $63,993.81 for
No. 1:15-cv-01589. U.S. DOJ—ENRD, P.O. Box 7611, past response costs, and also to pay EPA
The United States’ complaint, filed Washington, DC 20044–7611. and DTSC future response costs of
simultaneously with the proposed Please enclose a check or money order overseeing the implementation of the
Consent Decree, seeks civil penalties for $21.25 (25 cents per page remedial action. The proposed
and injunctive relief for violations of the reproduction cost) payable to the United settlement includes the U.S. General
Clean Air Act and its implementing States Treasury. For a paper copy Services Administration as a settling
regulations that govern the importation, federal agency as the successor to the
asabaliauskas on DSK5VPTVN1PROD with NOTICES
without the appendices and signature
sale, offering for sale, or otherwise pages, the cost is $8.25. former federal government owners of
introducing into commerce, of the plant, and provides that the United
recreational vehicles and small non- Karen Dworkin, States will reimburse Shell Oil
road spark-ignition engines. The Assistant Section Chief, Environmental Company for a portion of the costs.
complaint alleges that the defendants Enforcement Section, Environment and The publication of this notice opens
imported and then offered for sale, sold, Natural Resources Division. a period for public comment on the
or otherwise introduced into commerce, [FR Doc. 2015–25419 Filed 10–6–15; 8:45 am] Consent Decree. Comments should be
28,265 recreational vehicles and small BILLING CODE 4410–15–P addressed to the Assistant Attorney
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![Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices 60717
General, Environment and Natural phosphorus from mined rock, which impacts associated with an orphaned
Resources Division, and should refer to produces large quantities of a solid industrial property located in Mulberry,
United States v. Shell Oil Co., D.J. Ref. material called phosphogypsum and Florida; and a $1 million project in
No. 90–11–2–933/4. All comments must wastewater that contains high levels of Louisiana to fund studies regarding
be submitted no later than thirty (30) acid. Phosphogypsum is stored in large statewide water quality issues and the
days after the publication date of this piles, tanks, ditches and ponds; the development of watershed nutrient
notice. Comments may be submitted piles can reach 500 feet high and cover management plans to be utilized by beef
either by email or by mail: more than 600 acres, making them some cattle, dairy and poultry producers.
of the largest manmade waste piles in
To submit the United States. The piles can also The publication of this notice opens
Send them to:
comments: contain several billion gallons of highly a period for public comment on the
acidic wastewater, which can threaten Consent Decrees. Comments should be
By email ....... pubcomment-ees.enrd@
human health and cause severe addressed to the Assistant Attorney
usdoj.gov.
By mail ......... Assistant Attorney General, environmental damage if it reaches General, Environment and Natural
U.S. DOJ—ENRD, P.O. groundwater or waterways. Resources Division, and should refer to
Box 7611, Washington, DC The alleged violations in this case United States v. Mosaic Fertilizer, LLC,
20044–7611. stem from storage and disposal of waste D.J. Ref. No. 90–7–1–08388. All
from the production of phosphoric and comments must be submitted no later
During the public comment period, sulfuric acids, key components of than thirty (30) days after the
the Consent Decree may be examined fertilizers, at Mosaic’s facilities in publication date of this notice.
and downloaded at this Justice Bartow, Lithia, Mulberry and Riverview, Comments may be submitted either by
Department Web site: http:// Florida and St. James and Uncle Sam, email or by mail:
www.justice.gov/enrd/consent-decrees. Louisiana. Mosaic allegedly failed to
We will provide a paper copy of the properly treat, store and dispose of To submit
Consent Decree upon written request hazardous waste, and also allegedly Send them to:
comments:
and payment of reproduction costs. failed to provide adequate financial
Please mail your request and payment assurance for closure of its facilities. By email ....... pubcomment-ees.enrd@
to: Consent Decree Library, U.S. DOJ— The complaints seek injunctive relief usdoj.gov.
ENRD, P.O. Box 7611, Washington, DC and civil penalties for violations of the By mail ......... Assistant Attorney General,
20044–7611. RCRA statute and its implementing U.S. DOJ—ENRD, P.O.
Please enclose a check or money order regulations that govern the Box 7611, Washington, DC
for $103.25 (25 cents per page identification, treatment, storage, and 20044–7611.
reproduction cost) payable to the United disposal of hazardous waste, at six
States Treasury. For a paper copy Florida facilities and two facilities in During the public comment period,
without the exhibits, the cost is $32.50. Louisiana. the Consent Decrees may be examined
The two consent decrees require the and downloaded at this Justice
Henry S. Friedman, defendant to perform substantial Department Web site: http://
Assistant Section Chief, Environmental injunctive relief and to pay a $5 million
Enforcement Section, Environment and www.usdoj.gov/enrd/consent-decrees.
civil penalty to the United States and
Natural Resources Division.
$1.55 million to Louisiana and $1.45 We will provide a paper copy of the
[FR Doc. 2015–25531 Filed 10–6–15; 8:45 am] million to Florida, who are state co- Consent Decrees upon written request
BILLING CODE 4410–15–P plaintiffs in these cases. EPA estimates and payment of reproduction costs (25
that Mosaic will spend approximately cents per page). Please mail your request
$170 million on projects to ensure the and payment to: Consent Decree
DEPARTMENT OF JUSTICE proper treatment, storage, and disposal Library, U.S. DOJ—ENRD, P.O. Box
of more than 60 billion pounds of 7611, Washington, DC 20044–7611.
Notice of Lodging of Two Proposed
Consent Decrees Under the Resource hazardous waste and reduce the If you would like a copy of the
Conservation and Recovery Act environmental impact of its Consent Decree lodged with the Middle
manufacturing and waste management District of Florida, please enclose a
On September 30, 2015, the programs. Mosaic also will establish a check or money order, payable to the
Department of Justice lodged two $630 million trust fund—which will be United States Treasury, for $162.50 (or
proposed Consent Decrees with two invested to grow until it reaches full
$20.50 for a paper copy without the
United States District Courts, the funding of $1.8 billion—the cost to
Middle District of Florida and the exhibits). If you would like a copy of the
cover phosphygypsum stack closure,
Eastern District of Louisiana, in lawsuits including the treatment of hazardous Consent Decree lodged with the Eastern
both entitled United States v. Mosaic process wastewater, at four of its District of Louisiana, the cost is $124.50
Fertilizer, LLC, Civil Action No. 15–cv– operating facilities, and long-term care (or $21.25 for a paper copy without the
02286 in the Middle District of Florida of all of its Florida and Louisiana exhibits). If you would like a copy of
and Civil Action No. 15–cv–04889 in facilities. The Mosaic Company, Mosaic both Consent Decrees, the cost is
the Eastern District of Louisiana. Fertilizer’s parent company, will $287.00 (or $41.75 for paper copies
The United States filed these two provide financial guarantees for this without the exhibits).
asabaliauskas on DSK5VPTVN1PROD with NOTICES
lawsuits under the Resource work, and the settlement also requires Maureen M. Katz,
Conservation and Recovery Act (RCRA). Mosaic Fertilizer to submit a $50
The United States’ complaints name Assistant Section Chief, Environmental
million letter of credit.
Mosaic Fertilizer, LLC, as defendant. Enforcement Section, Environment and
In addition, Mosaic will spend $2.2
Natural Resources Division.
Mosaic produces phosphorus-based million on two local environmental
fertilizer that is commonly applied to [FR Doc. 2015–25511 Filed 10–6–15; 8:45 am]
projects: A $1.2 million environmental
corn, wheat and other crops across the project in Florida to mitigate and BILLING CODE 4410–15–P
country. Sulfuric acid is used to extract prevent certain potential environmental
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Document Created: 2015-12-15 08:49:20
Document Modified: 2015-12-15 08:49:20
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 80 FR 60716 |
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