82 FR 46286 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act

DEPARTMENT OF JUSTICE

Federal Register Volume 82, Issue 191 (October 4, 2017)

[Federal Register Volume 82, Number 191 (Wednesday, October 4, 2017)]
[Notices]
[Pages 46286-46287]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21353]


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DEPARTMENT OF JUSTICE


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

    On September 22, 2017, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of New Mexico in the lawsuit titled United Nuclear Corp., et al., v. 
United States of America, Civil Action No. 15-cv-411.
    This case relates to contamination associated with past uranium 
mining operations conducted by United Nuclear

[[Page 46287]]

Corporation, El Paso Natural Gas Company LLC, and Homestake Mining 
Company of California (collectively, the ``mining companies'') at the 
San Mateo Uranium Mine Site in Cibola County, New Mexico (the 
``Site''). The Site is largely located within the Cibola National 
Forest, which is land managed by the United States Forest Service 
(``USFS''), a sub-agency of the United States Department of Agriculture 
(``USDA''). Pursuant to its authority under the Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA''), 
42 U.S.C. 9601 et seq., the USFS issued a unilateral administrative 
order (``UAO'') to the mining companies requiring them to perform 
response actions to address the hazardous substances at the Site. In 
2015, the mining companies filed a complaint against the United States 
under Section 107 of CERCLA, 42 U.S.C. 9607, seeking to recover the 
response costs incurred by the mining companies in implementing the 
UAO. The United States filed a counterclaim on behalf of the USFS, 
USDA, and the United States Environmental Protection Agency (``EPA'') 
against the mining companies under Sections 107 and 113 of CERCLA, 42 
U.S.C. 9607 and 9613, for the United States' past and future response 
costs at the Site.
    The proposed Consent Decree would resolve claims and counterclaims 
asserted by the mining companies and the United States. The United 
States will pay $1.595 million to the mining companies and the mining 
companies will pay $25,000 to the EPA Hazardous Substance Superfund 
(``Superfund''). The United States covenants to not sue the mining 
companies under Section 106 or 107 of CERCLA, 42 U.S.C. 9606 and 9607, 
for past and future work by the mining companies related to 
implementation of the UAO or the United States' response costs. The 
mining companies will be entitled to protection from contribution 
actions or claims under Section 113(f)(2) of CERCLA, 42 U.S.C. 
9613(f)(2), for matters addressed in the proposed Consent Decree. 
Pursuant to the proposed Consent Decree, the mining companies covenant 
not to bring any claims against the United States for the work related 
to implementation of the UAO, other response actions, the United 
States' response costs, or the mining companies' response costs. The 
USFS, USDA, and the United States Department of Energy, as settling 
federal agencies, agree not to assert a claim for reimbursement from 
the Superfund with respect to work related to the implementation of the 
UAO, past response actions, United States response costs, or the mining 
companies' response costs.
    The publication of this notice opens a period for public comment on 
the proposed Consent Decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United Nuclear Corp., et al., v. United States of 
America, D.J. Ref. No. 90-11-3-11380. 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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    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department Web site: http://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the proposed 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 $24.00 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Thomas P. Carroll,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2017-21353 Filed 10-3-17; 8:45 am]
 BILLING CODE 4410-15-P