82 FR 34978 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980

DEPARTMENT OF JUSTICE

Federal Register Volume 82, Issue 143 (July 27, 2017)

Page Range		34978-34978
FR Document		2017-15861

Federal Register, Volume 82 Issue 143 (Thursday, July 27, 2017)

[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
[Notices]
[Page 34978]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15861]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980

    On July 18, 2017, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Central 
District of California, in the lawsuit entitled City of Colton v. 
American Promotional Events, Inc., et al., Civil Action No. CV 09-01864 
PSG [Consolidated with Case Nos. CV 09-6630 PSG (SSx), CV 09-06632 PSG 
(SSx), CV 09-07501 PSG (SSx), CV 09-07508 PSG (SSx), CV 10-824 PSG 
(SSx) and CV 05-01479 PSG (SSx)].
    In this action, the United States filed a complaint under Section 
107 of the Comprehensive Environmental Response, Compensation, and 
Liability Action (``CERCLA''), 42 U.S.C. 9607, seeking to recover 
response costs incurred in connection with the formerly named B.F. 
Goodrich Superfund Site, which was subsequently renamed the Rockets, 
Fireworks, and Flares Superfund Site (``RFF Site''). The proposed 
consent decree (``Wong Consent Decree'') requires the Estate of Wong 
(``Estate'') to pay five million nine hundred thousand dollars ($5.9 
million) to be allocated as established by the consent decree between 
the United States and Goodrich Corporation (``Goodrich Consent 
Decree'') approved by the Court on July 2, 2013 (Dkt. No. 1821). In 
return, the Goodrich Consent Decree provides, among other things, 
certain covenants not to sue pursuant to CERCLA and Section 7003 of 
Resource Conservation and Recovery Act, 42 U.S.C. 6973.
    The publication of this notice opens a period for public comment on 
the Wong Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to City of Colton v. American Promotional Events, Inc., et 
al., D.J. Ref. No. 90-11-2-09952. 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:

------------------------------------------------------------------------
         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
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    Under Section 7003(d) of RCRA, a commenter may request an 
opportunity for a public meeting in the affected area.
    During the public comment period, the Wong 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 $12.50 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2017-15861 Filed 7-26-17; 8:45 am]
 BILLING CODE 4410-15-P

34978 Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices

entity that is not a party to the To submit dollars ($5.9 million) to be allocated as
Send them to:
dispute[,]’’ unless it is ‘‘an otherwise comments: established by the consent decree
lawful payment . . . that . . . directly between the United States and Goodrich
By email ....... pubcomment-ees.enrd@
remedies the harm that is sought to be Corporation (‘‘Goodrich Consent
usdoj.gov.
redressed, including, for example, harm By mail ......... Assistant Attorney General, Decree’’) approved by the Court on July
to the environment. . . .’’ This policy U.S. DOJ–ENRD, P.O. Box 2, 2013 (Dkt. No. 1821). In return, the
became effective upon issuance and 7611, Washington, DC Goodrich Consent Decree provides,
applies to, among other things, consent 20044–7611. among other things, certain covenants
decrees entered into on behalf of the not to sue pursuant to CERCLA and
United States. The original Consent During the public comment period, Section 7003 of Resource Conservation
Decree would have required Defendants the Consent Decree may be examined and Recovery Act, 42 U.S.C. 6973.
to pay a non-governmental third-party and downloaded at this Justice
Department Web site: https:// The publication of this notice opens
organization to carry out the mitigation a period for public comment on the
www.justice.gov/enrd/consent-decrees.
project. Questions exist as to whether Wong Consent Decree. Comments
We will provide a paper copy of the
this mitigation project is consistent with Decree upon written request and should be addressed to the Assistant
the new policy. payment of reproduction costs. Please Attorney General, Environment and
The United States and Defendants mail your request and payment to: Natural Resources Division, and should
also became aware that the U.S. Consent Decree Library, U.S. DOJ– refer to City of Colton v. American
Government Accountability Office ENRD, P.O. Box 7611 Washington, DC Promotional Events, Inc., et al., D.J. Ref.
(‘‘GAO’’) is developing a legal opinion 20044–7611. No. 90–11–2–09952. All comments must
regarding the original Consent Decree, Please enclose a check or money order be submitted no later than thirty (30)
focusing on the mitigation project. On for $9.50 (25 cents per page days after the publication date of this
February 6, 2017, the United States reproduction cost) payable to the United notice. Comments may be submitted
received a letter from counsel for States Treasury. either by email or by mail:
Harley-Davidson asking the United Karen Dworkin,
States to delay moving to enter the Deputy Section Chief, Environmental To submit Send them to:
Consent Decree until GAO completed its Enforcement Section, Environment and comments:
evaluation. The United States has been Natural Resources Division.
By email ....... pubcomment-ees.enrd@
informed by GAO that development of [FR Doc. 2017–15780 Filed 7–26–17; 8:45 am]
usdoj.gov.
its legal opinion would likely not be BILLING CODE 4410–15–P By mail ......... Assistant Attorney General,
concluded for many more months. The U.S. DOJ—ENRD, P.O.
mitigation project was also the subject Box 7611, Washington, DC.
of public comment during the notice DEPARTMENT OF JUSTICE 20044–7611
and comment period. Notice of Lodging of Proposed
In light of these facts, the United Consent Decree Under the Under Section 7003(d) of RCRA, a
States and Harley-Davidson attempted Comprehensive Environmental commenter may request an opportunity
to negotiate a substitute mitigation Response, Compensation, and Liability for a public meeting in the affected area.
project, but were unable to reach timely Act of 1980 During the public comment period,
agreement on a suitable alternative. The On July 18, 2017, the Department of the Wong Consent Decree may be
United States is mindful of the length of Justice lodged a proposed Consent examined and downloaded at this
time this settlement has already been Decree with the United States District Justice Department Web site: https://
pending and, in the interest of moving Court for the Central District of www.justice.gov/enrd/consent-decrees.
forward with the important relief California, in the lawsuit entitled City of We will provide a paper copy of the
secured by the Consent Decree, has Colton v. American Promotional Events, Consent Decree upon written request
sought and received Defendants’ Inc., et al., Civil Action No. CV 09– and payment of reproduction costs.
approval to modify the Decree to 01864 PSG [Consolidated with Case Please mail your request and payment
remove the mitigation project. Nos. CV 09–6630 PSG (SSx), CV 09– to: Consent Decree Library, U.S. DOJ—
The United States has decided on 06632 PSG (SSx), CV 09–07501 PSG ENRD, P.O. Box 7611, Washington, DC
balance that proceeding now with the (SSx), CV 09–07508 PSG (SSx), CV 10– 20044–7611.
824 PSG (SSx) and CV 05–01479 PSG
substitute Consent Decree is in the Please enclose a check or money order
(SSx)].
public interest. In this action, the United States filed for $12.50 (25 cents per page
The publication of this notice opens a complaint under Section 107 of the reproduction cost) payable to the United
a period for public comment on the Comprehensive Environmental States Treasury.
Consent Decree. Comments should be Response, Compensation, and Liability Henry Friedman,
addressed to the Assistant Attorney Action (‘‘CERCLA’’), 42 U.S.C. 9607,
Assistant Section Chief, Environmental
General, Environment and Natural seeking to recover response costs Enforcement Section, Environment and
Resources Division, and should refer to incurred in connection with the Natural Resources Division.
United States v. Harley-Davidson, Inc., formerly named B.F. Goodrich
mstockstill on DSK30JT082PROD with NOTICES

[FR Doc. 2017–15861 Filed 7–26–17; 8:45 am]
et al., D.J. Ref. No. 90–5–2–1–11333. All Superfund Site, which was
BILLING CODE 4410–15–P
comments must be submitted no later subsequently renamed the Rockets,
than thirty (30) days after the Fireworks, and Flares Superfund Site
publication date of this notice. (‘‘RFF Site’’). The proposed consent
decree (‘‘Wong Consent Decree’’)
Comments may be submitted either by
requires the Estate of Wong (‘‘Estate’’) to
email or by mail:
pay five million nine hundred thousand

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Document Created: 2017-07-27 02:07:30
Document Modified: 2017-07-27 02:07:30

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 34978