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)

Page Range		46286-46287
FR Document		2017-21353

Federal Register, Volume 82 Issue 191 (Wednesday, 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:

------------------------------------------------------------------------
            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

46286 Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Notices

Department of Justice Desk Officer, respondents will utilize the form, and it ADDRESSES: The meeting will take place
Washington, DC 20503 or sent to OIRA_ will take each respondent at the Hyatt Regency Jacksonville
submissions@omb.eop.gov. approximately 35 minutes to complete Riverfront, 225 East Coastline Drive,
SUPPLEMENTARY INFORMATION: Written the form. Jacksonville, Florida, telephone (904)
comments and suggestions from the (6) An estimate of the total public 588–1234.
public and affected agencies concerning burden (in hours) associated with the FOR FURTHER INFORMATION CONTACT:
the proposed collection of information collection: The estimated annual public Inquiries may be addressed to Mrs.
are encouraged. Your comments should burden associated with this collection is Chasity S. Anderson, FBI Compact
address one or more of the following 16,333 hours which is equal to 28,000 Officer, Module D3, 1000 Custer Hollow
four points: (# of respondents) * .58332 (35 Road, Clarksburg, West Virginia 26306,
—Evaluate whether the proposed minutes). telephone (304) 625–2803, facsimile
(7) An Explanation of the Change in (304) 625–2868.
collection of information is necessary
Estimates: The adjustments associated
for the proper performance of the SUPPLEMENTARY INFORMATION:
with this collection are an increase in Matters for discussion are expected to
functions of the agency, including
respondents by 8,000 and an increase in include:
whether the information will have
the total burden hours by 4,666.
practical utility; If additional information is required (1) Review of the National Fingerprint
—Evaluate the accuracy of the agency’s contact: Melody Braswell, Department File Lessons Learned Draft
estimate of the burden of the Clearance Officer, United States Documents
proposed collection of information, Department of Justice, Justice (2) Review of the Purpose Code X
including the validity of the Management Division, Policy and Brochure
methodology and assumptions used; Planning Staff, Two Constitution (3) Proposed Amendments to the
—Evaluate whether and if so how the Council’s Bylaws
Square, 145 N Street NE., 3E.405A,
quality, utility, and clarity of the The meeting will be open to the
Washington, DC 20530.
information to be collected can be public on a first-come, first-seated basis.
enhanced; and Dated: September 29, 2017.
Any member of the public wishing to
—Minimize the burden of the collection Melody Braswell, file a written statement with the Council
of information on those who are to Department Clearance Officer for PRA, U.S. or wishing to address this session of the
respond, including through the use of Department of Justice. Council should notify the Federal
appropriate automated, electronic, [FR Doc. 2017–21295 Filed 10–3–17; 8:45 am] Bureau of Investigation (FBI) Compact
mechanical, or other technological BILLING CODE 4410–14–P Officer, Mrs. Chasity S. Anderson at
collection techniques or other forms (304) 625–2803, at least 24 hours prior
of information technology, e.g., to the start of the session. The
permitting electronic submission of DEPARTMENT OF JUSTICE notification should contain the
responses. individual’s name and corporate
Federal Bureau of Investigation
designation, consumer affiliation, or
Overview of This Information
Meeting of the Compact Council for the government designation, along with a
Collection
National Crime Prevention and Privacy short statement describing the topic to
(1) Type of Information Collection: Compact be addressed and the time needed for
Revision of a currently approved the presentation. Individuals will
collection. AGENCY: Federal Bureau of ordinarily be allowed up to 15 minutes
(2) The Title of the Form/Collection: Investigation, DOJ. to present a topic.
Release and Receipt of Imported ACTION: Meeting notice. Dated: September 21, 2017.
Firearms, Ammunition, and Defense
SUMMARY: The purpose of this notice is Chasity S. Anderson,
Articles.
(3) The agency form number, if any, to announce a meeting of the National FBI Compact Officer, Criminal Justice
Crime Prevention and Privacy Compact Information Services Division, Federal Bureau
and the applicable component of the
Council (Council) created by the of Investigation.
Department sponsoring the collection:
National Crime Prevention and Privacy [FR Doc. 2017–21184 Filed 10–3–17; 8:45 am]
Form number: ATF F 6A (5330.3C).
Component: Bureau of Alcohol, Compact Act of 1998 (Compact). Thus BILLING CODE 4410–02–P

Tobacco, Firearms and Explosives, U.S. far, the Federal Government and 31
Department of Justice. states are parties to the Compact which
(4) Affected public who will be asked governs the exchange of criminal history DEPARTMENT OF JUSTICE
or required to respond, as well as a brief records for licensing, employment, and
Notice of Lodging of Proposed
abstract: similar purposes. The Compact also
Consent Decree Under the
Primary: Individuals or households. provides a legal framework for the
Comprehensive Environmental
Other: Business or other for-profit, establishment of a cooperative federal-
Response, Compensation, and Liability
and not-for-profit institutions. state system to exchange such records.
The United States Attorney General Act
Abstract: The data provided by this
information collection request is used appointed 15 persons from state and On September 22, 2017, the
by ATF to determine if articles imported federal agencies to serve on the Council. Department of Justice lodged a proposed
meet the statutory and regulatory The Council will prescribe system rules
sradovich on DSK3GMQ082PROD with NOTICES

Consent Decree with the United States
criteria for importation, and if the and procedures for the effective and District Court for the District of New
articles shown on the permit application proper operation of the Interstate Mexico in the lawsuit titled United
have been imported. Identification Index system for Nuclear Corp., et al., v. United States of
(5) An estimate of the total number of noncriminal justice purposes. America, Civil Action No. 15–cv–411.
respondents and the amount of time DATES: The Council will meet in open This case relates to contamination
estimated for an average respondent to session from 9 a.m. until 5 p.m., on associated with past uranium mining
respond: An estimated 28,000 November 1–2, 2017. operations conducted by United Nuclear

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Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Notices 46287

Corporation, El Paso Natural Gas implementation of the UAO, past of Sections 307 and 308 of the Clean
Company LLC, and Homestake Mining response actions, United States response Water Act (CWA), 33 U.S.C. 1317–1318,
Company of California (collectively, the costs, or the mining companies’ the terms of the City’s National
‘‘mining companies’’) at the San Mateo response costs. Pollutant Discharge Elimination System
Uranium Mine Site in Cibola County, The publication of this notice opens permit (NPDES permit), federal
New Mexico (the ‘‘Site’’). The Site is a period for public comment on the pretreatment regulations found at 40
largely located within the Cibola proposed Consent Decree. Comments CFR 403, and State laws NRS 445A.500–
National Forest, which is land managed should be addressed to the Assistant 530.
by the United States Forest Service Attorney General, Environment and The proposed settlement requires the
(‘‘USFS’’), a sub-agency of the United Natural Resources Division, and should City to comply with its NPDES permit
States Department of Agriculture refer to United Nuclear Corp., et al., v. issued under the CWA, the federal
(‘‘USDA’’). Pursuant to its authority United States of America, D.J. Ref. No. pretreatment regulations (40 CFR 403)
under the Comprehensive 90–11–3–11380. All comments must be and State laws NRS 445A.500–530. The
Environmental Response, submitted no later than thirty (30) days proposed settlement also requires the
Compensation, and Liability Act after the publication date of this notice. City to submit its recently developed
(‘‘CERCLA’’), 42 U.S.C. 9601 et seq., the Comments may be submitted either by pretreatment program to the United
USFS issued a unilateral administrative email or by mail: States Environmental Protection Agency
order (‘‘UAO’’) to the mining companies for final approval and to pay a civil
requiring them to perform response To submit penalty amount of $385,000 to be
Send them to:
comments: divided equally between the United
actions to address the hazardous
substances at the Site. In 2015, the By email ...... pubcomment-ees.enrd@ States and the State.
mining companies filed a complaint usdoj.gov. The publication of this notice opens
against the United States under Section By mail ........ Assistant Attorney General, a period for public comment on the
107 of CERCLA, 42 U.S.C. 9607, seeking U.S. DOJ—ENRD, P.O. Box proposed Consent Decree. Comments
to recover the response costs incurred 7611, Washington, DC should be addressed to the Assistant
by the mining companies in 20044–7611. Attorney General, Environment and
implementing the UAO. The United Natural Resources Division and should
States filed a counterclaim on behalf of During the public comment period, refer to United States and the State of
the USFS, USDA, and the United States the Consent Decree may be examined Nevada v. The City of North Las Vegas,
Environmental Protection Agency and downloaded at this Justice Civil Action No. 2:17–cv–02508, D.J.
(‘‘EPA’’) against the mining companies Department Web site: http:// Ref. No. 90–5–1–1–11443. All
under Sections 107 and 113 of CERCLA, www.justice.gov/enrd/consent-decrees. comments must be submitted no later
42 U.S.C. 9607 and 9613, for the United We will provide a paper copy of the than thirty (30) days after the
States’ past and future response costs at proposed Consent Decree upon written publication date of this notice.
the Site. request and payment of reproduction Comments may be submitted either by
costs. Please mail your request and email or by mail:
The proposed Consent Decree would
payment to: Consent Decree Library,
resolve claims and counterclaims
U.S. DOJ—ENRD, P.O. Box 7611, To submit
asserted by the mining companies and comments: Send them to:
Washington, DC 20044–7611.
the United States. The United States Please enclose a check or money order
will pay $1.595 million to the mining for $24.00 (25 cents per page By email ....... pubcomment-ees.enrd@
companies and the mining companies reproduction cost) payable to the United usdoj.gov.
will pay $25,000 to the EPA Hazardous By mail ......... Assistant Attorney General,
States Treasury. U.S. DOJ—ENRD, P.O.
Substance Superfund (‘‘Superfund’’).
The United States covenants to not sue Thomas P. Carroll, Box 7611, Washington, DC
20044–7611.
the mining companies under Section Assistant Chief, Environmental Enforcement
106 or 107 of CERCLA, 42 U.S.C. 9606 Section, Environment and Natural Resources
Division. During the public comment period,
and 9607, for past and future work by the proposed Consent Decree may be
the mining companies related to [FR Doc. 2017–21353 Filed 10–3–17; 8:45 am]
examined and downloaded at this
implementation of the UAO or the BILLING CODE 4410–15–P
Justice Department Web site: https://
United States’ response costs. The www.justice.gov/enrd/consent-decrees.
mining companies will be entitled to We will provide a paper copy of the
protection from contribution actions or DEPARTMENT OF JUSTICE
proposed Consent Decree upon written
claims under Section 113(f)(2) of request and payment of reproduction
Notice of Lodging of Proposed
CERCLA, 42 U.S.C. 9613(f)(2), for
Consent Decree Under the Clean Water costs. Please mail your request and
matters addressed in the proposed payment to: Consent Decree Library,
Act
Consent Decree. Pursuant to the U.S. DOJ—ENRD, P.O. Box 7611,
proposed Consent Decree, the mining On September 27, 2017, the Washington, DC 20044–7611.
companies covenant not to bring any Department of Justice lodged a proposed Please enclose a check or money order
claims against the United States for the Consent Decree with the United States for $7.75 (25 cents per page
work related to implementation of the District Court for the District of Nevada reproduction cost) payable to the United
UAO, other response actions, the United
sradovich on DSK3GMQ082PROD with NOTICES

in the lawsuit entitled United States and States Treasury.
States’ response costs, or the mining the State of Nevada v. The City of North
companies’ response costs. The USFS, Las Vegas, Civil Action No. 2:17–cv– Henry Friedman,
USDA, and the United States 02508. Assistant Section Chief, Environmental
Department of Energy, as settling federal In this action, the United States and Enforcement Section, Environment and
agencies, agree not to assert a claim for the State of Nevada filed a complaint Natural Resources Division.
reimbursement from the Superfund with alleging claims against the City of North [FR Doc. 2017–21293 Filed 10–3–17; 8:45 am]
respect to work related to the Las Vegas (City) for the City’s violations BILLING CODE 4410–15–P

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Document Created: 2018-10-25 09:55:51
Document Modified: 2018-10-25 09:55:51

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 46286