82_FR_55619 82 FR 55396 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act

82 FR 55396 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act

DEPARTMENT OF JUSTICE

Federal Register Volume 82, Issue 223 (November 21, 2017)

Page Range55396-55396
FR Document2017-25147

Federal Register, Volume 82 Issue 223 (Tuesday, November 21, 2017) 
[Federal Register Volume 82, Number 223 (Tuesday, November 21, 2017)]
[Notices]
[Page 55396]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25147]


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DEPARTMENT OF JUSTICE


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

    On November 14, 2017, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Western 
District of New York in the lawsuit entitled United States v. Beazer 
East, Inc. et al., Civil Action No. 17-1165.
    The United States filed this lawsuit under the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA). The 
United States' complaint names Beazer East, Inc., CBS Corporation, 
Chemung County, the City of Elmira, the Elmira Water Board, Hardinge 
Inc., Toshiba America Inc., the Town of Horseheads, and the Village of 
Horseheads, as defendants. The complaint requests recovery of costs and 
injunctive relief related to responding to releases of hazardous 
substances at or from the Fourth Operable Unit (``OU4'') of the 
Kentucky Avenue Wellfield Superfund Site located in the Village of 
Elmira Heights, the Town of Horseheads, and the Village of Horseheads, 
New York. Under the proposed Consent Decree, the nine Settling 
Defendants agree to perform the remedy selected by the Environmental 
Protection Agency (``EPA'') for OU4 and pay the United States' future 
response costs related to OU4. The Statement of Work, included as 
Appendix B to the Decree, provides the framework for implementation of 
the cleanup plan as set forth in the Record of Decision (``ROD'') 
signed by the Regional Administrator for Region 2 of EPA in September 
2016. The State of New York concurred with respect to the selected 
remedy. The selected remedy calls for the construction of a nine-acre 
cap over the footprint of Koppers Pond, with the cap comprised of a 
geotextile membrane covered by a six-inch layer of soil and sand. 
Institutional controls will also be imposed to control activities and 
use at OU4 to preserve the integrity of the cap. The Remedial Design, 
Remedial Action, and Operations and Maintenance at OU4 are estimated to 
cost approximately $1.9 million and the Settling Defendants will pay 
any United States Future Response Costs related to OU4. The United 
States has provided all of the Settling Defendants with a covenant not 
to sue under Sections 106 and 107(a) of CERCLA, relating to OU4, 
subject to certain reservations.
    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 v. Beazer East, Inc., et al., Civil 
Action No. 17-1165, D.J. Ref. No. 90-11-2-1224/2. 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: 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 $22.25 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy without the exhibits the cost is $14.50.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2017-25147 Filed 11-20-17; 8:45 am]
 BILLING CODE 4410-15-P

55396 Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Notices No. 337–TA–1023’’) in a prominent DEPARTMENT OF JUSTICE Consent Decree. Comments should be place on the cover page and/or the first addressed to the Assistant Attorney page. (See Handbook for Electronic Notice of Lodging of Proposed General, Environment and Natural Filing Procedures, https:// Consent Decree Under the Resources Division, and should refer to www.usitc.gov/secretary/documents/ Comprehensive Environmental United States v. Beazer East, Inc., et al., handbook_on_filing_procedures.pdf). Response, Compensation, and Liability Civil Action No. 17–1165, D.J. Ref. No. Persons with questions regarding filing Act 90–11–2–1224/2. All comments must be should contact the Secretary at (202) On November 14, 2017, the submitted no later than thirty (30) days 205–2000. Department of Justice lodged a proposed after the publication date of this notice. Consent Decree with the United States Comments may be submitted either by Any person desiring to submit a email or by mail: document to the Commission in District Court for the Western District of confidence must request confidential New York in the lawsuit entitled United To submit States v. Beazer East, Inc. et al., Civil Send them to: treatment unless the information has comments: already been granted such treatment Action No. 17–1165. The United States filed this lawsuit By email ....... pubcomment-ees.enrd@ during the proceedings. All such under the Comprehensive usdoj.gov. requests should be directed to the Environmental Response, Compensation By mail ......... Assistant Attorney General, Secretary of the Commission and must and Liability Act (CERCLA). The United U.S. DOJ—ENRD, P.O. include a full statement of the reasons States’ complaint names Beazer East, Box 7611, Washington, DC why the Commission should grant such 20044–7611. Inc., CBS Corporation, Chemung treatment. See 19 CFR part 210.6. County, the City of Elmira, the Elmira Documents for which confidential During the public comment period, Water Board, Hardinge Inc., Toshiba the Consent Decree may be examined treatment by the Commission is sought America Inc., the Town of Horseheads, will be treated accordingly. A redacted and downloaded at this Justice and the Village of Horseheads, as Department Web site: https:// non-confidential version of the defendants. The complaint requests www.justice.gov/enrd/consent-decrees. document must also be filed recovery of costs and injunctive relief We will provide a paper copy of the simultaneously with any confidential related to responding to releases of Consent Decree upon written request filing. All information, including hazardous substances at or from the and payment of reproduction costs. confidential business information and Fourth Operable Unit (‘‘OU4’’) of the Please mail your request and payment documents for which confidential Kentucky Avenue Wellfield Superfund to: Consent Decree Library, U.S. DOJ— treatment is properly sought, submitted Site located in the Village of Elmira ENRD, P.O. Box 7611, Washington, DC to the Commission for purposes of this Heights, the Town of Horseheads, and 20044–7611. Investigation may be disclosed to and the Village of Horseheads, New York. Please enclose a check or money order used: (i) By the Commission, its Under the proposed Consent Decree, the for $22.25 (25 cents per page employees and Offices, and contract nine Settling Defendants agree to reproduction cost) payable to the United personnel (a) for developing or perform the remedy selected by the States Treasury. For a paper copy maintaining the records of this or a Environmental Protection Agency without the exhibits the cost is $14.50. related proceeding, or (b) in internal (‘‘EPA’’) for OU4 and pay the United States’ future response costs related to Robert E. Maher, Jr., investigations, audits, reviews, and Assistant Section Chief, Environmental OU4. The Statement of Work, included evaluations relating to the programs, Enforcement Section, Environment and as Appendix B to the Decree, provides personnel, and operations of the the framework for implementation of Natural Resources Division. Commission including under 5 U.S.C. the cleanup plan as set forth in the [FR Doc. 2017–25147 Filed 11–20–17; 8:45 am] Appendix 3; or (ii) by U.S. government Record of Decision (‘‘ROD’’) signed by BILLING CODE 4410–15–P employees and contract personnel,1 the Regional Administrator for Region 2 solely for cybersecurity purposes. All of EPA in September 2016. The State of non-confidential written submissions New York concurred with respect to the DEPARTMENT OF LABOR will be available for public inspection at selected remedy. The selected remedy the Office of the Secretary and on EDIS. calls for the construction of a nine-acre Office of the Secretary This action is taken under authority of cap over the footprint of Koppers Pond, Agency Information Collection section 337 of the Tariff Act of 1930, as with the cap comprised of a geotextile Activities; Submission for OMB amended, 19 U.S.C. 1337, and part 210 membrane covered by a six-inch layer of Review; Comment Request; Current of the Commission’s Rules of Practice soil and sand. Institutional controls will Population Survey—Basic Labor Force and Procedure (19 CFR part 210). also be imposed to control activities and use at OU4 to preserve the integrity of ACTION:Notice of availability; request By order of the Commission. the cap. The Remedial Design, Remedial for comments. Issued: November 16, 2017. Action, and Operations and Lisa R. Barton, Maintenance at OU4 are estimated to SUMMARY: The Department of Labor Secretary to the Commission. cost approximately $1.9 million and the (DOL) is submitting the Bureau of Labor Statistics (BLS) sponsored information asabaliauskas on DSKBBXCHB2PROD with NOTICES [FR Doc. 2017–25181 Filed 11–20–17; 8:45 am] Settling Defendants will pay any United States Future Response Costs related to collection request (ICR) titled, ‘‘Current BILLING CODE 7020–02–P OU4. The United States has provided all Population Survey—Basic Labor Force,’’ of the Settling Defendants with a to the Office of Management and Budget covenant not to sue under Sections 106 (OMB) for review and approval for and 107(a) of CERCLA, relating to OU4, continued use, without change, in subject to certain reservations. accordance with the Paperwork 1 All contract personnel will sign appropriate The publication of this notice opens Reduction Act of 1995 (PRA). Public nondisclosure agreements. a period for public comment on the comments on the ICR are invited. VerDate Sep<11>2014 18:56 Nov 20, 2017 Jkt 244001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\21NON1.SGM 21NON1


Document Created: 2017-11-21 00:42:48
Document Modified: 2017-11-21 00:42:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 55396 
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