81 FR 60389 - 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 170 (September 1, 2016)
Federal Register Volume 81, Issue 170 (September 1, 2016)
| Page Range | 60389-60389 | |
| FR Document | 2016-21068 |
[Federal Register Volume 81, Number 170 (Thursday, September 1, 2016)] [Notices] [Page 60389] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21068] ======================================================================= ----------------------------------------------------------------------- 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 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 prior notice of lodging of this Consent Decree, published on August 15, 2016, stated that the Department of Justice would receive comments concerning the settlement for thirty days or until September 14, 2016. Having received a request for an extension of the initial public comment period, the United States is extending the comment period for an additional thirty (30) days, or until October 14, 2016. The Department of Justice will receive, for a period of sixty (60) days from August 14, 2016, any comments relating to 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 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 October 14, 2016. 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. ------------------------------------------------------------------------ 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. Thomas P. Carroll, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2016-21068 Filed 8-31-16; 8:45 am] BILLING CODE 4410-15-P
![Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Notices 60389
(12) Identify significant changes, if together with the State of New Mexico, During the public comment period,
any, in the supply and demand filed this lawsuit under the the Consent Decree may be examined
conditions or business cycle for the Comprehensive Environmental and downloaded at this Justice
Domestic Like Product that have Response, Compensation, and Liability Department Web site: https://
occurred in the United States or in the Act of 1980 (‘‘CERCLA’’) against www.justice.gov/enrd/consent-decrees.
market for the Subject Merchandise in Chevron Mining Inc. (‘‘CMI’’). The We will provide a paper copy of the
each Subject Country after 2010, and Defendant, CMI, is the owner and Consent Decree upon written request
significant changes, if any, that are operator of the Chevron Questa Mine and payment of reproduction costs.
likely to occur within a reasonably Superfund Site (‘‘Site’’), an inactive Please mail your request and payment
foreseeable time. Supply conditions to Molybdenum mine, located in Taos to: Consent Decree Library, U.S. DOJ—
consider include technology; County, New Mexico. The complaint ENRD, P.O. Box 7611, Washington, DC
production methods; development requests recovery of costs that the 20044–7611.
efforts; ability to increase production United States incurred responding to Please enclose a check or money order
(including the shift of production releases of hazardous substances at the for $36.00 (25 cents per page
facilities used for other products and the Site. Under the proposed settlement, reproduction cost) payable to the United
use, cost, or availability of major inputs CMI agrees to pay $5,269,949 in past States Treasury. For a paper copy
into production); and factors related to costs, to perform certain aspects of the without the exhibits and signature
the ability to shift supply among remedial action selected by EPA for the pages, the cost is $11.50.
different national markets (including Site, which are estimated to cost over Thomas P. Carroll,
barriers to importation in foreign $143 million, and to pay EPA’s future
Assistant Section Chief, Environmental
markets or changes in market demand costs associated with oversight of that Enforcement Section, Environment and
abroad). Demand conditions to consider work. Other aspects of the remedy will Natural Resources Division.
include end uses and applications; the proceed at a later date. In return, the [FR Doc. 2016–21068 Filed 8–31–16; 8:45 am]
existence and availability of substitute United States agrees not to sue CMI
BILLING CODE 4410–15–P
products; and the level of competition under sections 106 and 107 of CERCLA
among the Domestic Like Product or under section 7003 of the Resource
produced in the United States, Subject Conservation and Recovery Act for the
work that CMI has agreed to perform. DEPARTMENT OF LABOR
Merchandise produced in each Subject
Country, and such merchandise from The prior notice of lodging of this
Employee Benefits Security
other countries. Consent Decree, published on August
Administration
(13) (OPTIONAL) A statement of 15, 2016, stated that the Department of
whether you agree with the above Justice would receive comments 183rd Meeting of the Advisory Council
definitions of the Domestic Like Product concerning the settlement for thirty days on Employee Welfare and Pension
and Domestic Industry; if you disagree or until September 14, 2016. Having Benefit Plans; Notice of
with either or both of these definitions, received a request for an extension of Teleconference Meeting
please explain why and provide the initial public comment period, the
United States is extending the comment Pursuant to the authority contained in
alternative definitions. Section 512 of the Employee Retirement
period for an additional thirty (30) days,
Authority: This proceeding is being or until October 14, 2016. Income Security Act of 1974 (ERISA), 29
conducted under authority of Title VII of the The Department of Justice will U.S.C. 1142, the 183rd open meeting of
Tariff Act of 1930; this notice is published receive, for a period of sixty (60) days the Advisory Council on Employee
pursuant to section 207.61 of the Welfare and Pension Benefit Plans (also
from August 14, 2016, any comments
Commission’s rules.
relating to the proposed Consent Decree. known as the ERISA Advisory Council)
By order of the Commission. Comments should be addressed to the will be held as a teleconference on
Issued: August 24, 2016. Assistant Attorney General, September 27, 2016.
Lisa R. Barton, Environment and Natural Resources The meeting will take place in C5521
Secretary to the Commission. Division, and should refer to United room 4, U.S. Department of Labor, 200
[FR Doc. 2016–20658 Filed 8–31–16; 8:45 am] States and State of Mexico, et al. v. Constitution Avenue NW., Washington,
BILLING CODE 7020–02–P Chevron Mining Inc., Civil Action No. DC 20210. Public access is available
1:16–cv–00904, D.J. Ref. No. 90–11–3– only in this room (i.e. not by telephone).
10261. All comments must be submitted The meeting will run from 9:00 a.m. to
no later than October 14, 2016. approximately 4:00 p.m. The purpose of
DEPARTMENT OF JUSTICE
Comments may be submitted either by the open meeting is to discuss reports/
Notice of Lodging of Proposed First email or by mail: recommendations for the Secretary of
Partial Remedial Design/Remedial Labor on the issues of (1) Cybersecurity
Action (RD/RA) Consent Decree Under To submit Send them to:
Considerations for Benefit Plans and (2)
comments: Participant Plan Transfers and Account
Cercla
Consolidation for the Advancement of
On August 9, 2016, the Department of By email ....... pubcomment-ees.enrd@
usdoj.gov.
Lifetime Plan Participation.
Justice lodged a proposed First Partial By mail ......... Assistant Attorney General Descriptions of these topics are
Remedial Design/Remedial Action (RD/ available on the Advisory Council page
asabaliauskas on DSK3SPTVN1PROD with NOTICES
U.S. DOJ—ENRD
RA) Consent Decree (‘‘Consent Decree’’) P.O. Box 7611 of the EBSA Web site at http://
with the United States District Court for Washington, DC 20044–7611. www.dol.gov/ebsa/aboutebsa/erisa_
the District of New Mexico, in the advisory_council.html.
lawsuit entitled United States and State Under section 7003(d) of the Resource Organizations or members of the
of New Mexico, et al. v. Chevron Mining Conservation and Recovery Act public wishing to submit a written
Inc., Civil Action No. 1:16–cv–00904. (‘‘RCRA’’), 42 U.S.C. 6973, a commenter statement may do so by submitting 30
The United States, on behalf of the may request an opportunity for a public copies on or before September 20, 2016
U.S. Environmental Protection Agency, meeting in the affected area. to Larry Good, Executive Secretary,
VerDate Sep<11>2014 17:14 Aug 31, 2016 Jkt 238001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1](https://thefederalregister.org/doc/81_FR_60559/page/1.svg)
Document Created: 2018-02-09 11:57:41
Document Modified: 2018-02-09 11:57:41
| 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 60389 |
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