81_FR_26343 81 FR 26259 - Notice of Lodging of Proposed Consent Decrees Under the Comprehensive Environmental Response, Compensation, and Liability Act

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)

Page Range26259-26260
FR Document2016-10114

Federal Register, Volume 81 Issue 84 (Monday, 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]


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

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:

------------------------------------------------------------------------
            To submit comments:                     Send them to:
------------------------------------------------------------------------
By email..................................  [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 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



                                                                                 Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Notices                                                   26259

                                                commercial shipments of Subject                         abroad). Demand conditions to consider                (304) 625–5859, facsimile (304) 625–
                                                Merchandise imported from the Subject                   include end uses and applications; the                5090.
                                                Country; and                                            existence and availability of substitute              SUPPLEMENTARY INFORMATION: The FBI
                                                   (c) the quantity and value (f.o.b. U.S.              products; and the level of competition                CJIS APB is responsible for reviewing
                                                port, including antidumping duties) of                  among the Domestic Like Product                       policy issues and appropriate technical
                                                U.S. internal consumption/company                       produced in the United States, Subject                and operational issues related to the
                                                transfers of Subject Merchandise                        Merchandise produced in the Subject                   programs administered by the FBI’s CJIS
                                                imported from the Subject Country.                      Country, and such merchandise from                    Division, and thereafter, making
                                                   (11) If you are a producer, an exporter,             other countries.                                      appropriate recommendations to the FBI
                                                or a trade/business association of                         (13) (Optional) A statement of                     Director. The programs administered by
                                                producers or exporters of the Subject                   whether you agree with the above                      the CJIS Division are the Next
                                                Merchandise in the Subject Country,                     definitions of the Domestic Like Product              Generation Identification, Interstate
                                                provide the following information on                    and Domestic Industry; if you disagree                Identification Index, Law Enforcement
                                                your firm’s(s’) operations on that                      with either or both of these definitions,             Enterprise Portal, National Crime
                                                product during calendar year 2015                       please explain why and provide                        Information Center, National Instant
                                                (report quantity data in short tons and                 alternative definitions.                              Criminal Background Check System,
                                                value data in U.S. dollars, landed and
                                                                                                          Authority: This proceeding is being                 National Incident-Based Reporting
                                                duty-paid at the U.S. port but not
                                                                                                        conducted under authority of Title VII of the         System, National Data Exchange, and
                                                including antidumping duties). If you                   Tariff Act of 1930; this notice is published          Uniform Crime Reporting.
                                                are a trade/business association, provide               pursuant to section 207.61 of the                        This meeting is open to the public.
                                                the information, on an aggregate basis,                 Commission’s rules.                                   All attendees will be required to check-
                                                for the firms which are members of your                                                                       in at the meeting registration desk.
                                                                                                          By order of the Commission.
                                                association.                                                                                                  Registrations will be accepted on a
                                                   (a) Production (quantity) and, if                      Issued: April 25, 2016.
                                                                                                        William R. Bishop,                                    space available basis. Interested persons
                                                known, an estimate of the percentage of
                                                                                                        Supervisory Hearings and Information
                                                                                                                                                              whose registrations have been accepted
                                                total production of Subject Merchandise
                                                                                                        Officer.                                              may be permitted to participate in the
                                                in the Subject Country accounted for by
                                                                                                                                                              discussions at the discretion of the
                                                your firm’s(s’) production;                             [FR Doc. 2016–09928 Filed 4–29–16; 8:45 am]
                                                   (b) Capacity (quantity) of your firm(s)                                                                    meeting chairman and with approval of
                                                                                                        BILLING CODE 7020–02–P
                                                to produce the Subject Merchandise in                                                                         the Designated Federal Officer (DFO).
                                                the Subject Country (i.e., the level of                                                                       Any member of the public may file a
                                                production that your establishment(s)                                                                         written statement with the Board.
                                                                                                        DEPARTMENT OF JUSTICE                                 Written comments shall be focused on
                                                could reasonably have expected to
                                                attain during the year, assuming normal                                                                       the APB’s current issues under
                                                                                                        Federal Bureau of Investigation
                                                operating conditions (using equipment                                                                         discussion and may not be repetitive of
                                                and machinery in place and ready to                     Meeting of the CJIS Advisory Policy                   previously submitted written
                                                operate), normal operating levels (hours                Board                                                 statements. Written comments should
                                                                                                                                                              be provided to Mr. R. Scott Trent, DFO,
                                                per week/weeks per year), time for
                                                                                                        AGENCY:  Federal Bureau of Investigation              at least seven (7) days in advance of the
                                                downtime, maintenance, repair, and
                                                                                                        (FBI), DOJ.                                           meeting so that the comments may be
                                                cleanup, and a typical or representative
                                                                                                        ACTION: Meeting notice.                               made available to the APB for their
                                                product mix); and
                                                   (c) the quantity and value of your                                                                         consideration prior to the meeting.
                                                                                                        SUMMARY:   The purpose of this notice is                 Anyone requiring special
                                                firm’s(s’) exports to the United States of              to announce the meeting of the Federal                accommodations should notify Mr.
                                                Subject Merchandise and, if known, an                   Bureau of Investigation’s Criminal                    Trent at least seven (7) days in advance
                                                estimate of the percentage of total                     Justice Information Services (CJIS)                   of the meeting.
                                                exports to the United States of Subject                 Advisory Policy Board (APB). The CJIS
                                                Merchandise from the Subject Country                                                                            Dated: April 6, 2016.
                                                                                                        APB is a federal advisory committee                   R. Scott Trent,
                                                accounted for by your firm’s(s’) exports.               established pursuant to the Federal
                                                   (12) Identify significant changes, if                                                                      CJIS Designated Federal Officer, Criminal
                                                                                                        Advisory Committee Act (FACA). This                   Justice Information Services Division, Federal
                                                any, in the supply and demand
                                                                                                        meeting announcement is being                         Bureau of Investigation.
                                                conditions or business cycle for the
                                                                                                        published as required by Section 10 of
                                                Domestic Like Product that have                                                                               [FR Doc. 2016–08606 Filed 4–29–16; 8:45 am]
                                                                                                        the FACA.
                                                occurred in the United States or in the                                                                       BILLING CODE 4410–02–P
                                                market for the Subject Merchandise in                   DATES: The APB will meet in open
                                                the Subject Country after 2010, and                     session from 8:30 a.m. until 5 p.m., on
                                                significant changes, if any, that are                   June 8–9, 2016.                                       DEPARTMENT OF JUSTICE
                                                likely to occur within a reasonably                     ADDRESSES: The meeting will take place
                                                                                                        at Norfolk Waterside Marriott Hotel &                 Notice of Lodging of Proposed
                                                foreseeable time. Supply conditions to
                                                                                                        Convention Center, 235 East Main                      Consent Decrees Under the
                                                consider include technology;
                                                                                                        Street, Norfolk, VA 23510, telephone                  Comprehensive Environmental
                                                production methods; development
                                                                                                        (757) 627–4200.                                       Response, Compensation, and Liability
                                                efforts; ability to increase production
                                                                                                                                                              Act
                                                (including the shift of production                      FOR FURTHER INFORMATION CONTACT:
srobinson on DSK5SPTVN1PROD with NOTICES




                                                facilities used for other products and the              Inquiries may be addressed to Ms. Kara                  On April 22, 2016, the Department of
                                                use, cost, or availability of major inputs              Delmont; Management Program                           Justice lodged two proposed consent
                                                into production); and factors related to                Assistant; CJIS Training and Advisory                 decrees with the United States District
                                                the ability to shift supply among                       Process Unit, Resources Management                    Court for the Eastern District of
                                                different national markets (including                   Section; FBI CJIS Division, Module C2,                Tennessee in the lawsuit entitled United
                                                barriers to importation in foreign                      1000 Custer Hollow Road, Clarksburg,                  States and State of Tennessee v. OXY
                                                markets or changes in market demand                     West Virginia 26306–0149; telephone                   USA Inc., Civil Action No. 1:16–cv–103.


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                                                26260                            Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Notices

                                                   The United States, on behalf of the                  consent decree, the proposed Operable                 (OMB) for review and approval for use
                                                U.S. Environmental Protection Agency                    Unit 5 consent decree, or both. All                   in accordance with the Paperwork
                                                (‘‘EPA’’), and the State of Tennessee, on               comments must be submitted no later                   Reduction Act (PRA) of 1995 (44 U.S.C.
                                                behalf of the Tennessee Department of                   than thirty (30) days after the                       3501 et seq.). Public comments on the
                                                Environment and Conservation                            publication date of this notice.                      ICR are invited.
                                                (‘‘TDEC’’), filed this lawsuit under the                Comments may be submitted either by                   DATES: The OMB will consider all
                                                Comprehensive Environmental                             email or by mail:                                     written comments that agency receives
                                                Response, Compensation, and Liability                                                                         on or before June 1, 2016.
                                                Act (CERCLA). The complaint requests                    To submit             Send them to:                   ADDRESSES: A copy of this ICR with
                                                performance of response actions to                      comments:
                                                                                                                                                              applicable supporting documentation;
                                                address Operable Units 3 and 5 of the                                                                         including a description of the likely
                                                                                                        By email .........    pubcomment-ees.enrd@
                                                Copper Basin Mining District Superfund                                          usdoj.gov.                    respondents, proposed frequency of
                                                Site in Polk County, Tennessee,                         By mail ...........   Assistant Attorney General,     response, and estimated total burden
                                                recovery of costs that the United States                                        U.S. DOJ—ENRD, P.O.           may be obtained free of charge from the
                                                has incurred responding to releases of                                          Box 7611, Washington,         RegInfo.gov Web site at http://
                                                hazardous substances at the site, and                                           DC 20044–7611.                www.reginfo.gov/public/do/
                                                recovery of costs that the United States                                                                      PRAViewICR?ref_nbr=201512-1220-001
                                                and the State of Tennessee will incur                     During the public comment period,                   (this link will only become active on the
                                                overseeing implementation of the                        the proposed consent decrees may be                   day following publication of this notice)
                                                remedies at Operable Units 3 and 5 at                   examined and downloaded at this                       or by contacting Michel Smyth by
                                                the site.                                               Justice Department Web site: https://                 telephone at 202–693–4129, TTY 202–
                                                   The proposed consent decrees would                   www.justice.gov/enrd/consent-decrees.                 693–8064, (these are not toll-free
                                                resolve the claims alleged in the                       We will provide paper copies of the                   numbers) or sending an email to
                                                complaint and provides for                              proposed consent decrees upon written                 DOL_PRA_PUBLIC@dol.gov.
                                                implementation of remedies at Operable                  request and payment of reproduction                      Submit comments about this request
                                                Units 3 and 5 that EPA and TDEC will                    costs. Please mail your request (specify              by mail or courier to the Office of
                                                oversee. The proposed Operable Unit 3                   which proposed consent decree you are                 Information and Regulatory Affairs,
                                                consent decree requires OXY USA Inc.                    requesting) and payment to: Consent                   Attn: OMB Desk Officer for DOL–BLS,
                                                to implement the remedy selected by                     Decree Library, U.S. DOJ—ENRD, P.O.                   Office of Management and Budget,
                                                EPA for Operable Unit 3, pay EPA                        Box 7611, Washington, DC 20044–7611.                  Room 10235, 725 17th Street NW.,
                                                $10,779,509 in unreimbursed response                      Please enclose a check or money order               Washington, DC 20503; by Fax: 202–
                                                costs at the site, and to pay future                    for $79.25 for the proposed Operable                  395–5806 (this is not a toll-free
                                                response costs incurred by EPA and                      Unit 3 consent decree and/or $102 for                 number); or by email:
                                                TDEC at Operable Unit 3. The proposed                   the proposed Operable Unit 5 consent                  OIRA_submission@omb.eop.gov.
                                                Operable Unit 3 consent decree also                     decree (25 cents per page reproduction                Commenters are encouraged, but not
                                                includes the United States Departments                  cost) payable to the United States                    required, to send a courtesy copy of any
                                                of the Army, Commerce, and Defense as                   Treasury. For a paper copy without the                comments by mail or courier to the U.S.
                                                settling federal agencies as the successor              exhibits and signature pages, the cost is             Department of Labor-OASAM, Office of
                                                to the former federal government owner                  $12.25 for the proposed Operable Unit                 the Chief Information Officer, Attn:
                                                and operator of the site, and provides                  3 consent decree and $13 for the                      Departmental Information Compliance
                                                that the United States, on behalf of those              proposed Operable Unit 5 consent                      Management Program, Room N1301,
                                                agencies, will reimburse OXY USA Inc.                   decree.                                               200 Constitution Avenue NW.,
                                                for a portion of its costs incurred at the                                                                    Washington, DC 20210; or by email:
                                                site.                                                   Henry S. Friedman,
                                                                                                        Assistant Section Chief, Environmental
                                                                                                                                                              DOL_PRA_PUBLIC@dol.gov.
                                                   The proposed Operable Unit 5
                                                consent decree requires OXY USA Inc.                    Enforcement Section, Environment and                  FOR FURTHER INFORMATION CONTACT:
                                                to implement the remedy selected by                     Natural Resources Division.                           Michel Smyth by telephone at 202–693–
                                                EPA for Operable Unit 5, and to pay                     [FR Doc. 2016–10114 Filed 4–29–16; 8:45 am]           4129, TTY 202–693–8064, (these are not
                                                future response costs incurred by EPA                   BILLING CODE 4410–15–P                                toll-free numbers) or sending an email
                                                and TDEC at Operable Unit 5. The                                                                              to DOL_PRA_PUBLIC@dol.gov.
                                                proposed Operable Unit 5 consent                                                                              SUPPLEMENTARY INFORMATION: This ICR
                                                decree also includes the Tennessee                      DEPARTMENT OF LABOR                                   seeks approval under the PRA for
                                                Valley Authority as an implementing                                                                           revisions to the Consumer Expenditure
                                                federal agency that will participate in                 Office of the Secretary                               Surveys: Quarterly Interview and Diary.
                                                the implementation of the remedial                                                                            The BLS uses the Consumer
                                                                                                        Agency Information Collection                         Expenditure Surveys to gather
                                                action selected by EPA.
                                                   The publication of this notice opens                 Activities; Submission for OMB                        information on expenditures, income,
                                                a period for public comment on the                      Review; Comment Request; Consumer                     and other related subjects. These data
                                                consent decrees. Comments should be                     Expenditure Surveys: Quarterly                        are used periodically to update the
                                                addressed to the Assistant Attorney                     Interview and Diary                                   national Consumer Price Index. In
                                                General, Environment and Natural                        ACTION:    Notice.                                    addition, the data are used by a variety
                                                Resources Division, and should refer to                                                                       of researchers in academia, government
srobinson on DSK5SPTVN1PROD with NOTICES




                                                United States and State of Tennessee v.                 SUMMARY:    The Department of Labor                   agencies, and the private sector. The
                                                OXY USA Inc., D.J. Ref. No. 90–11–3–                    (DOL) is submitting the Bureau of Labor               data are collected from a national
                                                10404/1 (Operable Unit 3 consent                        Statistics (BLS) sponsored information                probability sample of households
                                                decree) or D.J. Ref. No. 90–11–3–10404                  collection request (ICR) revision titled,             designed to represent the total civilian
                                                (Operable Unit 5 consent decree).                       ‘‘Consumer Expenditure Surveys:                       non-institutional population. This
                                                Comments should specify whether they                    Quarterly Interview and Diary,’’ to the               information collection has been
                                                address the proposed Operable Unit 3                    Office of Management and Budget                       classified as a revision, because of the


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Document Created: 2016-04-30 13:35:39
Document Modified: 2016-04-30 13:35:39
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 Citation81 FR 26259 

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