81 FR 54125 - Notice of Lodging of Proposed First Partial Remedial Design/Remedial Action (RD/RA) Consent Decree Under CERCLA

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 157 (August 15, 2016)

[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)]
[Notices]
[Pages 54125-54126]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19335]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed First Partial Remedial Design/
Remedial Action (RD/RA) Consent Decree Under CERCLA

    On August 9, 2016, the Department of Justice lodged a proposed 
First Partial Remedial Design/Remedial Action (RD/RA) Consent Decree 
(``Consent Decree'') with the United States District Court for the 
District of New Mexico, in the lawsuit entitled United States and State 
of New Mexico, et al. v. Chevron Mining Inc., Civil Action No. 1:16-cv-
00904.
    The United States, on behalf of the U.S. Environmental Protection 
Agency, together with the State of New Mexico, filed this lawsuit under 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (``CERCLA'') against Chevron Mining Inc. (``CMI''). The 
Defendant, CMI, is the owner and operator of the Chevron Questa Mine 
Superfund Site (``Site''), an inactive

[[Page 54126]]

Molybdenum mine, located in Taos County, New Mexico. The complaint 
requests recovery of costs that the United States incurred responding 
to releases of hazardous substances at the Site. Under the proposed 
settlement, CMI agrees to pay $5,269,949 in past costs, to perform 
certain aspects of the remedial action selected by EPA for the Site, 
which are estimated to cost over $143 million, and to pay EPA's future 
costs associated with oversight of that work. Other aspects of the 
remedy will proceed at a later date. In return, the United States 
agrees not to sue CMI under sections 106 and 107 of CERCLA or under 
section 7003 of the Resource Conservation and Recovery Act for the work 
that CMI has agreed to perform.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States and State of Mexico, et al. v. Chevron 
Mining Inc., Civil Action No. 1:16-cv-00904, D.J. Ref. No. 90-11-3-
10261. 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.
------------------------------------------------------------------------

    Under section 7003(d) of the Resource Conservation and Recovery Act 
(``RCRA''), 42 U.S.C. 6973, a commenter may request an opportunity for 
a public meeting in the affected area.
    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department Web site: https://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 $36.00 (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 $11.50.

Jeffrey K. Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2016-19335 Filed 8-12-16; 8:45 am]
BILLING CODE 4410-15-P