82 FR 47251 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act

DEPARTMENT OF JUSTICE

Federal Register Volume 82, Issue 195 (October 11, 2017)

[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Notices]
[Pages 47251-47252]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21928]


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DEPARTMENT OF JUSTICE


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

    On October 2, 2017, the Department of Justice lodged a Consent 
Decree with the United States District Court for the District of 
Maryland in the lawsuit entitled United States and State of Maryland v. 
AAI Corporation, et al. The Consent Decree resolves claims under 
Sections 106 and 107(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9606 and 
9607(a), for past response costs, future response costs, injunctive 
relief, and natural resource damages (``NRDs''), incurred in connection 
with the disposal of hazardous substances at the 68th Street Dump 
Superfund Alternative Site outside of Baltimore, Maryland (``the 
Site''). The Complaint, brought jointly with the State of Maryland, 
filed concurrently with the Consent Decree alleges that the various 
defendants own, owned, operated, arranged for the transport of 
hazardous substances to, or transported hazardous substances to the 
Site. The proposed Consent Decree obligates certain defendants to 
perform the remedy which is set forth in the September 2013 Record of 
Decision (attached to the Consent Decree as Exhibit B), valued at 
approximately $51.5 million. The proposed Consent Decree also requires 
certain defendants to perform additional NRD restoration work, 
reimburse the Natural Resource Trustees (United States Department of 
the Interior, acting by and through the U.S. Fish and Wildlife Service; 
the U.S. Department of Commerce, acting by and through the National 
Oceanic and Atmospheric Administration; and the State of Maryland) 
$240,000 for past trustee NRD assessment costs, pay the Natural 
Resource Trustees $630,000 to fund an off-site restoration project, and 
pay up to $250,000 to the Natural Resource Trustees for their future 
oversight costs.
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    AAI Corporation; City of Baltimore, Maryland; CSX Realty 
Development, LLC; CSX Transportation, Inc.; Industrial Enterprises, 
Inc.; Pulaski & 68th Street, LLC; Browning-Ferris, Inc.; Acme 
Markets Inc.; Air Products and Chemicals, Inc.; AK Steel 
Corporation; Alcatel-Lucent USA Inc.; Alcolac Inc., now known as 
Solvay USA Inc.; Baltimore Galvanizing Co., Inc.; Baltimore Gas & 
Electric Company; Beazer East, Inc.; Brunswick Corporation; Chevron 
Environmental Management Company; Crown Cork & Seal Company, Inc.; 
Exxon Mobil Corporation; Honeywell International Inc.; International 
Paper Company; The Johns Hopkins Hospital; The Johns Hopkins Health 
System Corporation; The Johns Hopkins University; Lockheed Martin 
Corporation; Noxell Corporation; Pitney Bowes Inc.; PPG Industries, 
Inc.; Arkema Inc.; Smithfield Foods, Inc.; Sala Investment Limited 
Partnership; Sala Investment, LLC; BP Products North America Inc.; 
Constellation Power Source Generation, LLC; General Electric 
Company; Locke Insulators, Inc.; Verizon Maryland, LLC; Waste 
Management of Maryland, Inc.; Mullan Enterprises, Inc.; Black and 
Decker (U.S.) Inc.; Conagra Grocery Products Company, LLC; and 
Illinois Tool Works, Inc.

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[[Page 47252]]

    Several entities, including settling agencies of the United States 
and the State of Maryland, are resolving their alleged liability in the 
Consent Decree through payments to a trust account created by the group 
of companies that will perform the cleanup.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Acting 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States and State of Maryland v. AAI 
Corporation, et al., DOJ number 90-11-3-10830. All comments must be 
submitted no later than 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: 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 $90.50 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy without the exhibits and signature pages, the cost is $17.25.

Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2017-21928 Filed 10-10-17; 8:45 am]
BILLING CODE 4410-15-P