82 FR 31351 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act and Notice of Availability and Request for Comments on Draft Restoration Plan and Environmental Assessment
DEPARTMENT OF JUSTICE Federal Register Volume 82, Issue 128 (July 6, 2017)
Federal Register Volume 82, Issue 128 (July 6, 2017)
| Page Range | 31351-31352 | |
| FR Document | 2017-14193 |
[Federal Register Volume 82, Number 128 (Thursday, July 6, 2017)] [Notices] [Pages 31351-31352] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14193] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act and Notice of Availability and Request for Comments on Draft Restoration Plan and Environmental Assessment On June 29, 2017, the Department of Justice lodged a proposed Consent Decree and Draft Restoration Plan/Environmental Assessment (``RP/EA'') with the United States District Court for the District of Minnesota in the lawsuit entitled United States, Minnesota, and Wisconsin v. XIK, LLC; Honeywell International, Inc.; and Domtar, Inc., Civil Action No. 017-cv-02368. The proposed Consent Decree will resolve a claim for natural resource damages at the St. Louis River/Interlake/Duluth Tar (``SLRIDT'') Superfund Site brought by the governments under the Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9607. The SLRIDT Site consists of 255 acres of land and river embayments located primarily in Duluth, Minnesota, and extends into the St. Louis River. The filed complaint alleges that the three Defendants are liable under CERCLA for industrial discharges of polycyclic aromatic hydrocarbons (``PAHs'') at the SLRIDT Site during the first half of the 20th Century. PAHs were identified in river sediments throughout the Site in sufficient concentrations to cause injury to many types of natural resources, including vegetation, fish and birds. In addition, PAH-contaminated natural resources resulted in the loss of recreational fishing and tribal use services. Under CERCLA, federal, state, and tribal natural resource trustees have authority to seek compensation for natural resources harmed by hazardous industrial waste and by-products discharged into the St. Louis River. The natural resource trustees here include the U.S. Department of the Interior, acting through the U.S. Fish and Wildlife Service and the Bureau of Indian Affairs; the U.S. Department of Commerce, acting through the National Oceanic and Atmospheric Administration; the Fond du Lac Band of Lake Superior Chippewa; the 1854 Treaty Authority, representing the Grand Portage Band of Lake Superior Chippewa and the Bois Forte Band of Chippewa; the Minnesota Pollution Control Agency; the Minnesota Department of Natural Resources; and the Wisconsin Department of Natural Resources (collectively, the ``Trustees''). Under the proposed Consent Decree, the Defendants will pay $8.2 million of which $6,476,742 will fund Trustee-sponsored natural resource restoration projects in accordance with the RP/EA and $1,723,258 will provide reimbursement for costs incurred by the Trustees in assessing the scope of natural resource damages. The RP/EA presents the restoration projects proposed by the Trustees to restore natural resources injured by hazardous substances released in and around the SLRIDT site. Consistent with the natural resource damages assessment and restoration (``NRDAR'') regulations, 43 CFR part 11, and the National Environmental Policy Act of 1969 (``NEPA''), as amended, 42 U.S.C. 4321-4347 et seq., and its implementing regulations at 40 CFR parts 1500-1508, the Trustees evaluated a suite of five alternatives for conducting the type and scale of restoration sufficient to compensate the public for natural resource injuries and service losses. Based on selection factors including location, technical feasibility, cost effectiveness, provision of natural resource services similar to those lost due to contamination, and net environmental consequences, the Trustees identified a preferred alternative. Under the preferred alternative, the Trustees would conduct enhancement/restoration of shallow sheltered embayment at Kingsbury Bay, which includes recreational access and cultural education opportunities; implement watershed protection at Kingsbury Creek; and restore wild rice in the St. Louis River estuary. The publication of this notice opens a period for public comment on the Consent Decree and RP/EA. Comments on the Consent Decree should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States Minnesota, and Wisconsin v. XIK, LLC; Honeywell International, Inc.; and Domtar, Inc., D.J. Ref. No. 90-11-3- 07875. All comments on the Consent Decree 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 email............................ [email protected]. [[Page 31352]] By mail............................. Assistant Attorney General, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611. ------------------------------------------------------------------------ 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 $41.75 (25 cents per page reproduction cost) payable to the United States Treasury. For a paper copy of the Consent Decree without the attached RP/EA, the cost is $9.25. For a paper copy of only the RP/EA, the cost is $32.50. Comments on the RP/EA should be addressed to Ronald Wieland, Minnesota Department of Natural Resources, and reference ``SLRDIT RP/ EA'' in the subject line. All comments on the RP/EA 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 email............................ [email protected]. By mail............................. Ronald Wieland, Minnesota Department of Natural Resources, 500 Lafayette Road North, St. Paul, MN 55155. ------------------------------------------------------------------------ During the public comment period, the RP/EA may be examined and downloaded at this U.S. Fish and Wildlife Service Midwest Region Natural Resource Damage Assessment Web site: https://www.fws.gov/Midwest/es/ec/nrda/index.html. As described above, a paper copy of the RP/EA may obtained from the Department of Justice as part of the Consent Decree upon written request and payment of reproduction costs. Randall M. Stone, Acting Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2017-14193 Filed 7-5-17; 8:45 am] BILLING CODE 4410-15-P
![Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices 31351
otherwise available in the United States, DEPARTMENT OF JUSTICE the Wisconsin Department of Natural
with respect to the articles potentially Resources (collectively, the ‘‘Trustees’’).
subject to the recommended orders; Notice of Lodging of Proposed Under the proposed Consent Decree,
(iv) indicate whether Complainant, Consent Decree Under the the Defendants will pay $8.2 million of
Complainant’s licensees, and/or third Comprehensive Environmental which $6,476,742 will fund Trustee-
party suppliers have the capacity to Response, Compensation, and Liability
sponsored natural resource restoration
replace the volume of articles Act and Notice of Availability and
projects in accordance with the RP/EA
potentially subject to the recommended Request for Comments on Draft
and $1,723,258 will provide
orders within a commercially Restoration Plan and Environmental
reimbursement for costs incurred by the
reasonable time; and Assessment
Trustees in assessing the scope of
(v) explain how the recommended On June 29, 2017, the Department of natural resource damages. The RP/EA
orders would impact consumers in the Justice lodged a proposed Consent presents the restoration projects
United States. Decree and Draft Restoration Plan/ proposed by the Trustees to restore
The deadline for filing written Environmental Assessment (‘‘RP/EA’’) natural resources injured by hazardous
submissions has been extended to the with the United States District Court for substances released in and around the
close of business on July 14, 2017. the District of Minnesota in the lawsuit SLRIDT site.
Persons filing written submissions entitled United States, Minnesota, and Consistent with the natural resource
must file the original document Wisconsin v. XIK, LLC; Honeywell damages assessment and restoration
electronically on or before the deadlines International, Inc.; and Domtar, Inc., (‘‘NRDAR’’) regulations, 43 CFR part 11,
stated above and submit 8 true paper Civil Action No. 017–cv–02368. and the National Environmental Policy
copies to the Office of the Secretary by The proposed Consent Decree will Act of 1969 (‘‘NEPA’’), as amended, 42
noon the next day pursuant to resolve a claim for natural resource U.S.C. 4321–4347 et seq., and its
Commission Rule 210.4(f), 19 CFR damages at the St. Louis River/Interlake/ implementing regulations at 40 CFR
210.4(f). Submissions should refer to the Duluth Tar (‘‘SLRIDT’’) Superfund Site parts 1500–1508, the Trustees evaluated
investigation number (‘‘Inv. No. 337– brought by the governments under the a suite of five alternatives for
TA–1000’’) in a prominent place on the Comprehensive Environmental conducting the type and scale of
cover page and/or the first page. (See Response, Compensation, and Liability restoration sufficient to compensate the
Handbook for Electronic Filing Act (‘‘CERCLA’’), 42 U.S.C. 9607. The public for natural resource injuries and
Procedures, http://www.usitc.gov/ SLRIDT Site consists of 255 acres of service losses. Based on selection factors
secretary/fed_reg_notices/rules/ land and river embayments located including location, technical feasibility,
handbook_on_electronic_filing.pdf). primarily in Duluth, Minnesota, and cost effectiveness, provision of natural
Persons with questions regarding filing extends into the St. Louis River. The resource services similar to those lost
should contact the Secretary (202–205– filed complaint alleges that the three due to contamination, and net
2000). Defendants are liable under CERCLA for environmental consequences, the
industrial discharges of polycyclic Trustees identified a preferred
Any person desiring to submit a
aromatic hydrocarbons (‘‘PAHs’’) at the alternative.
document (or portion thereof) to the
Commission in confidence must request SLRIDT Site during the first half of the Under the preferred alternative, the
confidential treatment unless the 20th Century. PAHs were identified in Trustees would conduct enhancement/
information has already been granted river sediments throughout the Site in restoration of shallow sheltered
such treatment during the proceedings. sufficient concentrations to cause injury embayment at Kingsbury Bay, which
All such requests should be directed to to many types of natural resources, includes recreational access and
the Secretary of the Commission and including vegetation, fish and birds. In cultural education opportunities;
must include a full statement of the addition, PAH-contaminated natural implement watershed protection at
reasons why the Commission should resources resulted in the loss of Kingsbury Creek; and restore wild rice
grant such treatment. See 19 CFR 201.6. recreational fishing and tribal use in the St. Louis River estuary.
Documents for which confidential services. The publication of this notice opens
treatment by the Commission is sought Under CERCLA, federal, state, and a period for public comment on the
will be treated accordingly. A redacted tribal natural resource trustees have Consent Decree and RP/EA.
non-confidential version of the authority to seek compensation for
Comments on the Consent Decree
document must also be filed natural resources harmed by hazardous
should be addressed to the Assistant
simultaneously with any confidential industrial waste and by-products
Attorney General, Environment and
filing. All non-confidential written discharged into the St. Louis River. The
Natural Resources Division, and should
submissions will be available for public natural resource trustees here include
refer to United States Minnesota, and
inspection at the Office of the Secretary the U.S. Department of the Interior,
Wisconsin v. XIK, LLC; Honeywell
and on EDIS. acting through the U.S. Fish and
International, Inc.; and Domtar, Inc.,
This action is taken under authority of Wildlife Service and the Bureau of
D.J. Ref. No. 90–11–3–07875. All
section 337 of the Tariff Act of 1930, as Indian Affairs; the U.S. Department of
comments on the Consent Decree must
amended, 19 U.S.C. 1337, and part 210 Commerce, acting through the National
be submitted no later than thirty (30)
of the Commission’s Rules of Practice Oceanic and Atmospheric
days after the publication date of this
Administration; the Fond du Lac Band
sradovich on DSK3GMQ082PROD with NOTICES
and Procedure (19 CFR part 210). notice. Comments may be submitted
of Lake Superior Chippewa; the 1854
By order of the Commission. either by email or by mail:
Treaty Authority, representing the
Issued: June 30, 2017. Grand Portage Band of Lake Superior
Katherine M. Hiner, To submit
Chippewa and the Bois Forte Band of Send them to:
comments:
Supervisory Attorney. Chippewa; the Minnesota Pollution
[FR Doc. 2017–14197 Filed 7–5–17; 8:45 am] Control Agency; the Minnesota By email ....... pubcomment-ees.enrd@
BILLING CODE 7020–02–P Department of Natural Resources; and usdoj.gov.
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![31352 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices
To submit NATIONAL AERONAUTICS AND be held on these dates to the scheduling
Send them to:
comments: SPACE ADMINISTRATION priorities of the key participants.
By mail ......... Assistant Attorney General, Carol J. Hamilton,
U.S. DOJ—ENRD, P.O. [17–044] Acting Advisory Committee Management
Box 7611, Washington, DC Officer, National Aeronautics and Space
20044–7611. NASA Advisory Council; Human Administration.
Exploration and Operations [FR Doc. 2017–14118 Filed 7–5–17; 8:45 am]
Committee; Meeting
During the public comment period, BILLING CODE 7510–13–P
the Consent Decree may be examined AGENCY:National Aeronautics and
and downloaded at this Justice Space Administration.
Department Web site: https:// NATIONAL AERONAUTICS AND
www.justice.gov/enrd/consent-decrees. ACTION: Notice of meeting. SPACE ADMINISTRATION
We will provide a paper copy of the [17–046]
Consent Decree upon written request SUMMARY: In accordance with the
and payment of reproduction costs. Federal Advisory Committee Act, as NASA Advisory Council; Technology,
Please mail your request and payment amended, the National Aeronautics and Innovation and Engineering
to: Consent Decree Library, U.S. DOJ— Space Administration (NASA) Committee; Meeting
ENRD, P.O. Box 7611, Washington, DC announces a meeting of the Human
AGENCY: National Aeronautics and
20044–7611. Exploration and Operations Committee
Space Administration.
of the NASA Advisory Council (NAC).
Please enclose a check or money order ACTION: Notice of meeting.
This Committee reports to the NAC.
for $41.75 (25 cents per page
reproduction cost) payable to the United DATES: Monday, July 24, 2017, 10:30 SUMMARY: In accordance with the
States Treasury. For a paper copy of the a.m.–5:00 p.m.; and Tuesday, July 25, Federal Advisory Committee Act, as
Consent Decree without the attached 2017, 9:00 a.m.–5:15 p.m., Local Time. amended, the National Aeronautics and
RP/EA, the cost is $9.25. For a paper Space Administration (NASA)
ADDRESSES: National Institute of announces a meeting of the Technology,
copy of only the RP/EA, the cost is
Aerospace, Room 137, 100 Exploration Innovation and Engineering Committee
$32.50. Way, Hampton, VA 23666 of the NASA Advisory Council (NAC).
Comments on the RP/EA should be
FOR FURTHER INFORMATION CONTACT: Dr. This Committee reports to the NAC.
addressed to Ronald Wieland,
Bette Siegel, Executive Secretary, NAC DATES: Tuesday, July 25, 2017, 8:00
Minnesota Department of Natural
Resources, and reference ‘‘SLRDIT RP/ Human Exploration and Operations a.m.–5:00 p.m., Local Time.
EA’’ in the subject line. All comments Committee, NASA Headquarters, ADDRESSES: National Aerospace
on the RP/EA must be submitted no Washington, DC 20546, (202) 358–2245, Institute, Room 101, 100 Exploration
later than thirty (30) days after the or bette.siegel@nasa.gov. Way, Hampton, VA 23666.
publication date of this notice. SUPPLEMENTARY INFORMATION: The FOR FURTHER INFORMATION CONTACT: Mr.
Comments may be submitted either by meeting will be open to the public up Mike Green, Executive Secretary, NAC
email or by mail: to the seating capacity of the room. This Technology, Innovation, and
meeting is also available telephonically Engineering Committee, NASA
To submit and by WebEx. You must use a touch- Headquarters, Washington, DC 20546,
Send them to:
comments: tone phone to participate in this (202) 358–4710, or g.m.green@nasa.gov.
meeting. Any interested person may dial SUPPLEMENTARY INFORMATION: The
By email ....... Ronald.Wieland@state.mn.us.
the toll free access number 1–888–324– meeting will be open to the public up
By mail ......... Ronald Wieland, Minnesota
Department of Natural Re- 9238 or toll access number 1–517–308– to the seating capacity of the room. This
sources, 500 Lafayette 9132, and then the numeric participant meeting is also available telephonically
Road North, St. Paul, MN passcode: 3403297 followed by the # and by WebEx. You must use a touch-
55155. sign. The WebEx link is https:// tone phone to participate in this
nasa.webex.com/, the meeting number meeting. Any interested person may dial
During the public comment period, is 991 050 585, and the password is the toll free access number 1–844–467–
the RP/EA may be examined and Exploration@2017 (case sensitive). 6272, and then the numeric participant
downloaded at this U.S. Fish and Note: If dialing in, please ‘‘mute’’ your passcode 102421 followed by the # sign.
Wildlife Service Midwest Region telephone. The WebEx link is https://
Natural Resource Damage Assessment nasa.webex.com/, the meeting number
The agenda for the meeting includes is 990 800 956, and the password is
Web site: https://www.fws.gov/Midwest/
the following topics: ‘‘TIE@NIA2017’’ (case sensitive).
es/ec/nrda/index.html. As described
above, a paper copy of the RP/EA may • Human Exploration and Operations Note: If dialing in, please ‘‘mute’’ your
obtained from the Department of Justice Mission Directorate telephone.
as part of the Consent Decree upon • International Space Station The agenda for the meeting includes
written request and payment of the following topics:
• Exploration Systems Divisions • Space Technology Mission Directorate
sradovich on DSK3GMQ082PROD with NOTICES
reproduction costs.
• Commercial Crew (STMD) Update
Randall M. Stone,
• Future Human Exploration Plans and • Habitation Capability Development—
Acting Assistant Section Chief, Human Exploration Operations Tech
Environmental Enforcement Section, Science Opportunities Overview
Development Efforts
Environment and Natural Resources Division. • Total Solar Eclipse Science • Centennial Challenges Program
[FR Doc. 2017–14193 Filed 7–5–17; 8:45 am] Attendees will be requested to sign a Findings and Response
BILLING CODE 4410–15–P register. It is imperative that the meeting • Office of the Chief Engineer Update
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Document Created: 2017-07-06 01:04:38
Document Modified: 2017-07-06 01:04:38
| 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 | 82 FR 31351 |
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