81 FR 26259 - Notice of Lodging of Proposed Consent Decrees Under the Comprehensive Environmental Response, Compensation, and Liability Act

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 84 (May 2, 2016)

[Federal Register Volume 81, Number 84 (Monday, May 2, 2016)]
[Notices]
[Pages 26259-26260]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10114]


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DEPARTMENT OF JUSTICE


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

    On April 22, 2016, the Department of Justice lodged two proposed 
consent decrees with the United States District Court for the Eastern 
District of Tennessee in the lawsuit entitled United States and State 
of Tennessee v. OXY USA Inc., Civil Action No. 1:16-cv-103.

[[Page 26260]]

    The United States, on behalf of the U.S. Environmental Protection 
Agency (``EPA''), and the State of Tennessee, on behalf of the 
Tennessee Department of Environment and Conservation (``TDEC''), filed 
this lawsuit under the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA). The complaint requests 
performance of response actions to address Operable Units 3 and 5 of 
the Copper Basin Mining District Superfund Site in Polk County, 
Tennessee, recovery of costs that the United States has incurred 
responding to releases of hazardous substances at the site, and 
recovery of costs that the United States and the State of Tennessee 
will incur overseeing implementation of the remedies at Operable Units 
3 and 5 at the site.
    The proposed consent decrees would resolve the claims alleged in 
the complaint and provides for implementation of remedies at Operable 
Units 3 and 5 that EPA and TDEC will oversee. The proposed Operable 
Unit 3 consent decree requires OXY USA Inc. to implement the remedy 
selected by EPA for Operable Unit 3, pay EPA $10,779,509 in 
unreimbursed response costs at the site, and to pay future response 
costs incurred by EPA and TDEC at Operable Unit 3. The proposed 
Operable Unit 3 consent decree also includes the United States 
Departments of the Army, Commerce, and Defense as settling federal 
agencies as the successor to the former federal government owner and 
operator of the site, and provides that the United States, on behalf of 
those agencies, will reimburse OXY USA Inc. for a portion of its costs 
incurred at the site.
    The proposed Operable Unit 5 consent decree requires OXY USA Inc. 
to implement the remedy selected by EPA for Operable Unit 5, and to pay 
future response costs incurred by EPA and TDEC at Operable Unit 5. The 
proposed Operable Unit 5 consent decree also includes the Tennessee 
Valley Authority as an implementing federal agency that will 
participate in the implementation of the remedial action selected by 
EPA.
    The publication of this notice opens a period for public comment on 
the consent decrees. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States and State of Tennessee v. OXY USA Inc., 
D.J. Ref. No. 90-11-3-10404/1 (Operable Unit 3 consent decree) or D.J. 
Ref. No. 90-11-3-10404 (Operable Unit 5 consent decree). Comments 
should specify whether they address the proposed Operable Unit 3 
consent decree, the proposed Operable Unit 5 consent decree, or both. 
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:

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            To submit comments:                     Send them to:
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By email..................................  [email protected].
By mail...................................  Assistant Attorney General,
                                             U.S. DOJ--ENRD, P.O. Box
                                             7611, Washington, DC 20044-
                                             7611.
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    During the public comment period, the proposed consent decrees may 
be examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. We will provide paper copies of 
the proposed consent decrees upon written request and payment of 
reproduction costs. Please mail your request (specify which proposed 
consent decree you are requesting) 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 $79.25 for the proposed 
Operable Unit 3 consent decree and/or $102 for the proposed Operable 
Unit 5 consent decree (25 cents per page reproduction cost) payable to 
the United States Treasury. For a paper copy without the exhibits and 
signature pages, the cost is $12.25 for the proposed Operable Unit 3 
consent decree and $13 for the proposed Operable Unit 5 consent decree.

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2016-10114 Filed 4-29-16; 8:45 am]
 BILLING CODE 4410-15-P