82 FR 4420 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act

DEPARTMENT OF JUSTICE

Federal Register Volume 82, Issue 9 (January 13, 2017)

[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)]
[Notices]
[Pages 4420-4421]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00718]


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DEPARTMENT OF JUSTICE


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

    On January 10, 2017, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Western 
District of Wisconsin in the lawsuit entitled United States and the 
State of Wisconsin v. Northern States Power Co., Civil Action No. 17-
cv-16.
    In this action, the United States and the State of Wisconsin 
brought claims against Northern States Power Co. (``Defendant'') for 
response costs and injunctive relief associated with the release and 
threatened release of hazardous substances from facilities at and near 
the Ashland/Northern States Power Lakefront Superfund Site in 
northwestern Wisconsin (hereinafter the ``Site''), pursuant to the 
Comprehensive Environmental Response, Compensation, and Liability Act, 
42 U.S.C. 9601 et seq. (``CERCLA''). The proposed Consent Decree 
requires Defendant to perform the Chequamegon Bay portion of the Site 
cleanup at a cost of approximately $42 million. The Consent Decree also 
requires Defendant to pay $1 million of EPA's past response costs 
incurred at the Site and all EPA's future response costs. In addition, 
Defendant will be eligible for reimbursements totaling up to $4.5 
million as it performs the work, drawing from a Site-specific special 
account funded by a prior settlement with other responsible parties. In 
return, the United States and the State agree not to sue Defendant 
under sections 106 and 107 of CERCLA or under section 7003 of the 
Resource Conservation and Recovery Act (``RCRA''). Pursuant to a prior 
consent decree, Defendant is also performing the on-land portion of the 
Site work. That consent decree was approved by the Court in the case 
named United States and the State of Wisconsin v. Northern States Power 
Co., Civ. Action No. 12-cv-00565-bbc. If successfully completed, work 
under the two consent decrees will complete the cleanup at the Site.

[[Page 4421]]

    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States and the State of Wisconsin v. Northern 
States Power Co., D.J. Ref. No. 90-11-2-08879/5. 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 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. The United 
States and the State of Wisconsin have scheduled a public meeting for 
January 26 at 6:30 p.m. at the Northern Great Lakes Visitor Center, 
29270 County Highway G, Ashland, WI 54806.
    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 $27.00 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Randall M. Stone,
Acting Assistant Section Chief, Environmental Enforcement Section, 
Environment and Natural Resources Division.
[FR Doc. 2017-00718 Filed 1-12-17; 8:45 am]
BILLING CODE 4410-15-P