81 FR 57624 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 163 (August 23, 2016)

Page Range		57624-57625
FR Document		2016-20076
Federal Register, Volume 81 Issue 163 (Tuesday, August 23, 2016)
[Federal Register Volume 81, Number 163 (Tuesday, August 23, 2016)]
[Notices]
[Pages 57624-57625]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20076]


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DEPARTMENT OF JUSTICE


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

    On August 12, 2016, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Northern 
District of Ohio in the lawsuit entitled United States v. Aerojet 
Rocketdyne Holdings, Inc., Civil Action No. 3:16-cv-02022.
    The United States filed this lawsuit under the Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA'') 
and the Clean Water Act. The United States' complaint names the 
following parties as defendants: Aerojet Rocketdyne Holdings, Inc. (fka 
Gencorp Inc.); Allied Waste Industries, Inc.; E.I. DuPont de Nemours 
and Company; Honeywell International, Inc.; Illinois Tool Works, Inc.; 
United Technologies Corporation; Grand Trunk Western Railroad Company; 
Perstorp Polyols Inc.; Varta Microbattery Inc.; and The Mosaic Company 
(fka MOS Holdings Inc.). The State of Ohio filed a related lawsuit, 
named State of Ohio, ex rel. DeWine v. Aerojet Rocketdyne Holdings, 
Inc. et al., Civil Action No. 3:16-cv-02027 (N.D. Ohio), under CERCLA, 
the Clean Water Act, and its common law public trust doctrine. The 
State names as Defendants the Defendants in the United States' 
complaint, plus the United States of America, the United States Navy, 
Air Force, Army, and the Department of Commerce (``Settling Federal 
Agencies'').
    The complaints request recovery of natural resource damages 
(``NRD''), including costs of restoration and injured, destroyed, or 
lost natural resources resulting from releases of hazardous substances 
into an area defined in the Consent Decree as the Ottawa River 
Assessment Area, and assessment costs. All of the Defendants signed the 
consent decree. The non-federal Defendants agree to restore property 
located adjacent to the Cedar Point National Wildlife Refuge in Ottawa 
County, estimated to cost $1,100,000, including the price of acquiring 
the property itself, which has already occurred, then donate the 
property to the U.S. Department of the Interior (``DOI''), Fish and 
Wildlife Service (``FWS''). They will also pay $250,000 for additional 
restoration projects to be determined by the FWS and the Ohio 
Environmental Protection Agency (``Ohio EPA'') and pay a total of 
$1,311,372 in past NRD assessment costs, $891,330 to the United States 
and $420,042 to the State of Ohio. The Settling Federal Agencies will 
pay $270,623.79, including $181,318.33 to DOI for past NRD assessment 
costs, $28,579.46 to the State for past NRD assessment costs, and 
$60,726.69 for future restorations projects to be determined by the FWS 
and Ohio EPA.
    In return, the United States agrees not to sue the non-federal 
defendants, and DOI and FWS agree not to take administrative action 
against the Settling Federal Agencies, for NRD under CERCLA, the Clean 
Water Act, or federal statutory or state statutory or common law. The 
State agrees not to sue the non-federal Defendants and the Settling 
Federal Agencies for NRD under CERCLA, the Clean Water Act, or federal 
statutory or state statutory or common law. The non-federal settling 
Defendants agree not to sue the State or the United States (including 
the Settling Federal Agencies) pursuant to CERCLA, the Clean Water Act, 
or federal statutory or state statutory or common law for NRD or any 
response actions undertaken in the Ottawa River Assessment Area 
pursuant to the Great Lakes Legacy Act.

[[Page 57625]]

    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 and State of Ohio v. Aerojet 
Rocketdyne Holdings, Inc. et al., D.J. Ref. No. 90-11-3-09090. 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 e-mail.................................  [email protected].
By mail...................................  Assistant Attorney General,
                                             U.S. DOJ-ENRD, P.O. Box
                                             7611, Washington, D.C.
                                             20044-7611.
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    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 $42.50 (25 cents per page 
reproduction cost) payable to the United States Treasury for the 
Consent Decree. For a paper copy without the exhibits and signature 
pages, the cost is $13.25.

Randall M. Stone,
Acting Assistant Section Chief, Environmental Enforcement Section, 
Environment and Natural Resources Division.
[FR Doc. 2016-20076 Filed 8-22-16; 8:45 am]
 BILLING CODE 4410-15-P
57624 Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Notices

address one or more of the following 5. Estimate of the total number of Inc.). The State of Ohio filed a related
four points: respondents and the amount of time lawsuit, named State of Ohio, ex rel.
1. Evaluate whether the proposed estimated for an average respondent to DeWine v. Aerojet Rocketdyne Holdings,
collection of information is necessary respond: It is estimated that 195 Inc. et al., Civil Action No. 3:16-cv-
for the proper performance of the respondents will complete the 02027 (N.D. Ohio), under CERCLA, the
functions of the Bureau of Justice application; initial applicants will Clean Water Act, and its common law
Statistics, including whether the complete the application in public trust doctrine. The State names
information will have practical utility; approximately ten (10) hours, while as Defendants the Defendants in the
2. Evaluate the accuracy of the renewal applicants will complete the United States’ complaint, plus the
agency’s estimate of the burden of the application in approximately four (4) United States of America, the United
proposed collection of information, hours. In addition, it is estimated that States Navy, Air Force, Army, and the
including the validity of the approximately 966,868 debtors will Department of Commerce (‘‘Settling
methodology and assumptions used; complete a survey evaluating the Federal Agencies’’).
3. Evaluate whether and if so how the effectiveness of an instructional course The complaints request recovery of
quality, utility, and clarity of the in approximately one (1) minute. natural resource damages (‘‘NRD’’),
information to be collected can be 6. An estimate of the total public including costs of restoration and
enhanced; and burden (in hours) associated with the injured, destroyed, or lost natural
4. Minimize the burden of the collection: The estimated total annual resources resulting from releases of
collection of information on those who public burden associated with this hazardous substances into an area
are to respond, including through the application is 17,014.5 hours; the defined in the Consent Decree as the
use of appropriate automated, applicants’ burden is 900 hours and the Ottawa River Assessment Area, and
electronic, mechanical, or other debtors’ burden is 16,114.5 hours. assessment costs. All of the Defendants
technological collection techniques or If additional information is required signed the consent decree. The non-
other forms of information technology, contact: Jerri Murray, Department federal Defendants agree to restore
e.g., permitting electronic submission of Clearance Officer, United States property located adjacent to the Cedar
responses. Department of Justice, Justice Point National Wildlife Refuge in
Management Division, Policy and Ottawa County, estimated to cost
Overview of This Information
Planning Staff, Two Constitution $1,100,000, including the price of
Collection
Square, 145 N Street NE., 3E.405B, acquiring the property itself, which has
1. Type of Information Collection: Washington, DC 20530. already occurred, then donate the
Extension of a currently approved Dated: August 17, 2017. property to the U.S. Department of the
collection. Interior (‘‘DOI’’), Fish and Wildlife
Jerri Murray,
2. Title of the Form/Collection: Service (‘‘FWS’’). They will also pay
Application for Approval as a Nonprofit Department Clearance Officer for PRA, U.S.
Department of Justice. $250,000 for additional restoration
Budget and Credit Counseling Agency projects to be determined by the FWS
(Application). [FR Doc. 2016–20053 Filed 8–22–16; 8:45 am]
and the Ohio Environmental Protection
3. Agency form number, if any, and BILLING CODE 4410–40–P
Agency (‘‘Ohio EPA’’) and pay a total of
the applicable component of the $1,311,372 in past NRD assessment
Department sponsoring the collection: costs, $891,330 to the United States and
There is no form number. The DEPARTMENT OF JUSTICE
$420,042 to the State of Ohio. The
applicable component within the Notice of Lodging of Proposed Settling Federal Agencies will pay
Department of Justice is the Executive Consent Decree Under the $270,623.79, including $181,318.33 to
Office for United States Trustees. Comprehensive Environmental DOI for past NRD assessment costs,
4. Affected public who will be asked $28,579.46 to the State for past NRD
Response, Compensation, and Liability
or required to respond, as well as a brief assessment costs, and $60,726.69 for
Act
abstract: Individuals and entities that future restorations projects to be
wish to offer instructional courses to On August 12, 2016, the Department determined by the FWS and Ohio EPA.
debtors concerning personal financial of Justice lodged a proposed Consent In return, the United States agrees not
management pursuant to the Decree with the United States District to sue the non-federal defendants, and
Bankruptcy Abuse Prevention and Court for the Northern District of Ohio DOI and FWS agree not to take
Consumer Protection Act of 2005 in the lawsuit entitled United States v. administrative action against the
(‘‘BAPCPA’’), Public Law 109–8, 119 Aerojet Rocketdyne Holdings, Inc., Civil Settling Federal Agencies, for NRD
Stat. 23, 37, 38 (April 20, 2005), and Action No. 3:16-cv-02022. under CERCLA, the Clean Water Act, or
codified at 11 U.S.C. 109(h) and 111, The United States filed this lawsuit federal statutory or state statutory or
and Application Procedures and Criteria under the Comprehensive common law. The State agrees not to
for Approval of Providers of a Personal Environmental Response, sue the non-federal Defendants and the
Financial Management Instructional Compensation, and Liability Act Settling Federal Agencies for NRD
Course by United States Trustees, 78 FR (‘‘CERCLA’’) and the Clean Water Act. under CERCLA, the Clean Water Act, or
16,159 (March 14, 2013) (Rule). The United States’ complaint names the federal statutory or state statutory or
The BAPCPA requires individual following parties as defendants: Aerojet common law. The non-federal settling
debtors in bankruptcy cases to complete Rocketdyne Holdings, Inc. (fka Gencorp Defendants agree not to sue the State or
a personal financial management Inc.); Allied Waste Industries, Inc.; E.I.
sradovich on DSK3GMQ082PROD with NOTICES

the United States (including the Settling
instructional course from a provider that DuPont de Nemours and Company; Federal Agencies) pursuant to CERCLA,
has been approved by the United States Honeywell International, Inc.; Illinois the Clean Water Act, or federal statutory
Trustee as a condition of receiving a Tool Works, Inc.; United Technologies or state statutory or common law for
discharge. The Application collects Corporation; Grand Trunk Western NRD or any response actions
information from such providers in Railroad Company; Perstorp Polyols undertaken in the Ottawa River
order to ensure compliance with the law Inc.; Varta Microbattery Inc.; and The Assessment Area pursuant to the Great
and the Rule. Mosaic Company (fka MOS Holdings Lakes Legacy Act.

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Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Notices 57625

The publication of this notice opens administrative reconsideration of the Signed at Washington, DC, this 5th day of
a period for public comment on the negative determination regarding July, 2016.
proposed Consent Decree. Comments workers’ eligibility to apply for worker Hope D. Kinglock,
should be addressed to the Assistant adjustment assistance applicable to Certifying Officer, Office of Trade Adjustment
Attorney General, Environment and workers and former workers of Exal Assistance.
Natural Resources Division, and should Corporation, including on-site leased [FR Doc. 2016–20046 Filed 8–22–16; 8:45 am]
refer to United States and State of Ohio workers from Alliance Industrial BILLING CODE P
v. Aerojet Rocketdyne Holdings, Inc. et Solutions and Ryan Alternative Staffing,
al., D.J. Ref. No. 90–11–3–09090. All Youngstown, Ohio. The determination
comments must be submitted no later was issued on May 26, 2016 and the DEPARTMENT OF LABOR
than thirty (30) days after the Notice of Determination was published
publication date of this notice. in the Federal Register on June 28, 2016 Employment and Training
Comments may be submitted either by (81 FR 42000). Administration
email or by mail:
Pursuant to 29 CFR 90.18(c)
reconsideration may be granted under Investigations Regarding Eligibility To
To submit comments: Send them to:
the following circumstances: Apply for Worker Adjustment
By e-mail ................... pubcomment- Assistance
ees.enrd@
(1) If it appears on the basis of facts
usdoj.gov. not previously considered that the Petitions have been filed with the
By mail ...................... Assistant Attorney determination complained of was Secretary of Labor under Section 221 (a)
General, U.S. erroneous; of the Trade Act of 1974 (‘‘the Act’’) and
DOJ–ENRD, P.O. (2) If it appears that the determination are identified in the Appendix to this
Box 7611, Wash-
ington, D.C.
complained of was based on a mistake notice. Upon receipt of these petitions,
20044–7611. in the determination of facts not the Director of the Office of Trade
previously considered; or Adjustment Assistance, Employment
During the public comment period, (3) If in the opinion of the Certifying and Training Administration, has
the Consent Decree may be examined Officer, a misinterpretation of facts or of instituted investigations pursuant to
and downloaded at this Justice the law justified reconsideration of the Section 221 (a) of the Act.
Department Web site: https:// decision. The purpose of each of the
www.justice.gov/enrd/consent-decrees. investigations is to determine whether
We will provide a paper copy of the The initial investigation resulted in a
negative determination based on the the workers are eligible to apply for
Consent Decree upon written request
findings that there was no increase in adjustment assistance under Title II,
and payment of reproduction costs.
Please mail your request and payment imports by the workers’ firm or its Chapter 2, of the Act. The investigations
to: Consent Decree Library, U.S. DOJ– customers, nor was there a foreign shift will further relate, as appropriate, to the
ENRD, P.O. Box 7611, Washington, DC or acquisition by the workers’ firm or its determination of the date on which total
20044–7611. customers. In addition, neither the or partial separations began or
Please enclose a check or money order workers’ firm nor its customers reported threatened to begin and the subdivision
for $42.50 (25 cents per page imports of articles like or directly of the firm involved.
reproduction cost) payable to the United competitive with articles for which the The petitioners or any other persons
States Treasury for the Consent Decree. article produced by the workers’ firm showing a substantial interest in the
For a paper copy without the exhibits were directly incorporated. subject matter of the investigations may
and signature pages, the cost is $13.25. The request for reconsideration request a public hearing, provided such
Randall M. Stone, asserts that the subject firm and request is filed in writing with the
Acting Assistant Section Chief, customer continues to import from a Director, Office of Trade Adjustment
Environmental Enforcement Section, foreign location like or directly Assistance, at the address shown below,
Environment and Natural Resources Division. competitive articles while decreasing no later than September 2, 2016.
[FR Doc. 2016–20076 Filed 8–22–16; 8:45 am] articles produced within the United
Interested persons are invited to
BILLING CODE 4410–15–P States. The request for reconsideration
submit written comments regarding the
included new facts.
subject matter of the investigations to
The Department of Labor has carefully the Director, Office of Trade Adjustment
DEPARTMENT OF LABOR reviewed the request for reconsideration Assistance, at the address shown below,
and the existing record, and has not later than September 2, 2016.
Employment and Training determined that the Department will
Administration conduct further investigation to The petitions filed in this case are
determine if the workers meet the available for inspection at the Office of
[TA–W–91,248]
eligibility requirements of the Trade Act the Director, Office of Trade Adjustment
Exal Corporation, Including On-Site of 1974. Assistance, Employment and Training
Leased Workers from Alliance Administration, U.S. Department of
Industrial Solutions and Ryan Conclusion Labor, Room N–5428, 200 Constitution
sradovich on DSK3GMQ082PROD with NOTICES

Alternative Staffing, Youngstown, Avenue NW., Washington, DC 20210.
After careful review of the
Ohio; Notice of Affirmative Signed at Washington, DC, this 12th day of
application, I conclude that the claim is
Determination Regarding Application August 2016.
of sufficient weight to justify
for Reconsideration
reconsideration of the U.S. Department Jessica R. Webster,
By application dated June 22, 2016, of Labor’s prior decision. The Certifying Officer, Office of Trade Adjustment
the state workforce office requested application is, therefore, granted. Assistance.

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Document Created: 2018-02-09 11:39:54
Document Modified: 2018-02-09 11:39:54
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		81 FR 57624