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)

[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