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, Number 170 (Thursday, September 1, 2016)]
[Notices]
[Page 60389]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21068]


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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:

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         To submit comments:                     Send them to:
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By email............................  [email protected].
By mail.............................  Assistant Attorney General
                                      U.S. DOJ--ENRD
                                      P.O. Box 7611
                                      Washington, DC 20044-7611.
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    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