82 FR 60217 - Notice of Lodging of Proposed Consent Decrees Under the Comprehensive Environmental Response, Compensation, and Liability Act and Notice of Availability and Request for Comments on Draft Restoration Plan and Environmental Assessment

DEPARTMENT OF JUSTICE

Federal Register Volume 82, Issue 242 (December 19, 2017)

Page Range		60217-60218
FR Document		2017-27224
Federal Register, Volume 82 Issue 242 (Tuesday, December 19, 2017)
[Federal Register Volume 82, Number 242 (Tuesday, December 19, 2017)]
[Notices]
[Pages 60217-60218]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27224]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decrees Under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
and Notice of Availability and Request for Comments on Draft 
Restoration Plan and Environmental Assessment

    On December 12, 2017, the Department of Justice lodged three 
proposed Consent Decrees with the United States District Court for the 
Eastern District of Wisconsin in the lawsuit entitled United States and 
Wisconsin v. Tecumseh Products Co.; Thomas Industries, Inc.; and 
Wisconsin Public Service Corp., Civil Action No. 2:17-cv-01728. The 
Draft Restoration Plan/Environmental Assessment (``RP/EA'') is attached 
to each proposed Consent Decree.
    The proposed Consent Decrees will resolve claims for natural 
resource damages at the Sheboygan River & Harbor Superfund Site 
(``Sheboygan River Site'') brought by the governments under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA''), 42 U.S.C. 9607. The Sheboygan River Site consists of the 
lower 14 river miles of the Sheboygan River and adjacent floodplain 
areas. The filed complaint alleges that the three Defendants are liable 
under CERCLA for historical industrial discharges of polychlorinated 
biphenyl (``PCB'') and/or polycyclic aromatic hydrocarbon (``PAH'') 
compounds at the Sheboygan River Site. PCBs and PAHs were identified in 
river sediments throughout the Site in sufficient concentrations to 
cause injury to many types of natural resources, including 
invertebrates, fish, amphibians, birds, and mammals. In addition, PCB 
and PAH-contaminated natural resources resulted in the loss of 
recreational fishing services.
    Under CERCLA, federal and state natural resource trustees have 
authority to seek compensation for natural resources harmed by 
hazardous industrial waste and by-products discharged into the 
Sheboygan River. The natural resource trustees here include the U.S. 
Department of the Interior, acting through the U.S. Fish and Wildlife 
Service; the U.S. Department of Commerce, acting through the National 
Oceanic and Atmospheric Administration; and the Wisconsin Department of 
Natural Resources (collectively, the ``Trustees'').
    Under the proposed Consent Decrees, the Defendants will pay a 
combined $4,523,000, of which $2,532,500 will fund Trustee-sponsored 
natural resource restoration projects in accordance with the RP/EA, 
$1,295,500 will be paid to Sheboygan County as partial reimbursement 
for costs it incurred in acquiring the Amsterdam Dunes restoration 
project area, and $695,000 will provide reimbursement for costs 
incurred by the Trustees in assessing the scope of natural resource 
damages incurred. The RP/EA presents the restoration projects proposed 
by the Trustees to restore natural resources and services injured by 
hazardous substances released in and around the Sheboygan River site.
    Consistent with the CERCLA natural resource damages assessment and 
restoration (``NRDAR'') regulations, 43 CFR part 11, and the National 
Environmental Policy Act of 1969 (``NEPA''), as amended, 42 U.S.C. 4321 
et seq., and its implementing regulations at 40 CFR parts 1500-1508, 
the Trustees evaluated a suite of three alternatives for conducting the 
type and scale of restoration sufficient to compensate the public for 
natural resource injuries and service losses. Based on selection 
factors including location, technical feasibility, cost effectiveness, 
provision of natural resource services similar to those lost due to 
contamination, and net environmental consequences, the Trustees 
identified a preferred alternative.
    Under the preferred alternative, the Trustees envision conducting 
wetland and riparian restoration; wetland, riparian, and ecologically-
associated upland preservation; and recreational enhancement projects 
within the Sheboygan River Basin within Sheboygan County. This would 
include preservation and potential restoration of Amsterdam Dunes and 
Willow Creek.
    The publication of this notice opens a period for public comment on 
the Consent Decree and RP/EA.
    Comments on the Consent Decrees should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should

[[Page 60218]]

refer to United States and Wisconsin v. Tecumseh Products Co.; Thomas 
Industries, Inc.; and Wisconsin Public Service Corp., D.J. Ref. No. 90-
11-2-06440/1. All comments on the Consent Decrees 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:
------------------------------------------------------------------------
By email.....................  [email protected].
By mail......................  Assistant Attorney General, U.S. DOJ--
                                ENRD, P.O. Box 7611, Washington, DC
                                20044-7611.
------------------------------------------------------------------------

    During the public comment period, the Consent Decrees may be 
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide paper copies of 
the Consent Decrees and/or the RP/EA 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 $46.75 (25 cents per page 
reproduction cost) payable to the United States Treasury. For paper 
copies of the Consent Decrees without the attached RP/EA, the cost is 
$20.50. For a paper copy of only the RP/EA, the cost is $26.25.
    Comments on the RP/EA should be addressed to Betsy M. Galbraith, 
and reference ``Sheboygan RP/EA'' in the subject line. All comments on 
the RP/EA 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:
------------------------------------------------------------------------
By email.....................  [email protected].
By mail......................  Betsy M. Galbraith, Sheboygan River
                                Natural Resource Trustee Coordinator,
                                2661 Scott Tower Drive, New Franken, WI
                                54228.
------------------------------------------------------------------------

    During the public comment period, the RP/EA may be examined and 
downloaded at this U.S. Fish and Wildlife Service Midwest Region 
Natural Resource Damage Assessment website: https://www.fws.gov/midwest/es/ec/nrda/SheboyganHarbor.html. As described above, a paper 
copy of the RP/EA may obtained from the Department of Justice as part 
of the Consent Decree upon written request and payment of reproduction 
costs.

Randal M. Stone,
Acting Assistant Section Chief, Environmental Enforcement Section, 
Environment and Natural Resources Division.
[FR Doc. 2017-27224 Filed 12-18-17; 8:45 am]
 BILLING CODE 4410-15-P
Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Notices 60217

Spellberg, U.S. Department of Justice, If additional information is required to seek compensation for natural
P.O. Box 146, Ben Franklin Station, contact: Jerri Murray, Department resources harmed by hazardous
Washington, DC 20044–0146. Clearance Officer, United States industrial waste and by-products
SUPPLEMENTARY INFORMATION: Written Department of Justice, Justice discharged into the Sheboygan River.
comments and suggestions from the Management Division, Policy and The natural resource trustees here
public and affected agencies concerning Planning Staff, Two Constitution include the U.S. Department of the
the proposed collection of information Square, 145 N Street NE, Room 3E.405B, Interior, acting through the U.S. Fish
are encouraged. Your comments should Washington, DC 20530. and Wildlife Service; the U.S.
address one or more of the following Dated: December 14, 2017. Department of Commerce, acting
four points: Melody Braswell, through the National Oceanic and
—Evaluate whether the proposed Atmospheric Administration; and the
Department Clearance Officer, PRA, U.S.
collection of information is necessary Department of Justice. Wisconsin Department of Natural
for the proper performance of the Resources (collectively, the ‘‘Trustees’’).
[FR Doc. 2017–27278 Filed 12–18–17; 8:45 am]
functions of the agency, including Under the proposed Consent Decrees,
BILLING CODE 4410–12–P
whether the information will have the Defendants will pay a combined
practical utility; $4,523,000, of which $2,532,500 will
—Evaluate the accuracy of the agencies fund Trustee-sponsored natural resource
DEPARTMENT OF JUSTICE
estimate of the burden of the restoration projects in accordance with
proposed collection of information, Notice of Lodging of Proposed the RP/EA, $1,295,500 will be paid to
including the validity of the Consent Decrees Under the Sheboygan County as partial
methodology and assumptions used; Comprehensive Environmental reimbursement for costs it incurred in
—Enhance the quality, utility, and Response, Compensation, and Liability acquiring the Amsterdam Dunes
clarity of the information to be Act and Notice of Availability and restoration project area, and $695,000
collected; and Request for Comments on Draft will provide reimbursement for costs
—Minimize the burden of the collection Restoration Plan and Environmental incurred by the Trustees in assessing the
of information on those who are to Assessment scope of natural resource damages
respond, including through the use of incurred. The RP/EA presents the
appropriate automated, electronic, On December 12, 2017, the restoration projects proposed by the
mechanical, or other technological Department of Justice lodged three Trustees to restore natural resources and
collection techniques or other forms proposed Consent Decrees with the services injured by hazardous
of information technology, e.g., United States District Court for the substances released in and around the
permitting electronic submission of Eastern District of Wisconsin in the Sheboygan River site.
responses. lawsuit entitled United States and Consistent with the CERCLA natural
Wisconsin v. Tecumseh Products Co.; resource damages assessment and
Overview of This Information Thomas Industries, Inc.; and Wisconsin restoration (‘‘NRDAR’’) regulations, 43
Collection Public Service Corp., Civil Action No. CFR part 11, and the National
1. Type of Information Collection: 2:17–cv–01728. The Draft Restoration Environmental Policy Act of 1969
Extension of a currently approved Plan/Environmental Assessment (‘‘RP/ (‘‘NEPA’’), as amended, 42 U.S.C. 4321
collection. EA’’) is attached to each proposed et seq., and its implementing regulations
2. The Title of the Form/Collection: Consent Decree. at 40 CFR parts 1500–1508, the Trustees
Claims Under the Radiation Exposure The proposed Consent Decrees will evaluated a suite of three alternatives for
Compensation Act. resolve claims for natural resource conducting the type and scale of
3. The agency form number, if any, damages at the Sheboygan River & restoration sufficient to compensate the
and the applicable component of the Harbor Superfund Site (‘‘Sheboygan public for natural resource injuries and
Department sponsoring the collection: River Site’’) brought by the governments service losses. Based on selection factors
Form Number: N/A. DOJ Component: under the Comprehensive including location, technical feasibility,
Civil Division. Environmental Response, cost effectiveness, provision of natural
4. Affected public who will be asked Compensation, and Liability Act resource services similar to those lost
or required to respond, as well as a brief (‘‘CERCLA’’), 42 U.S.C. 9607. The due to contamination, and net
abstract: Primary: Individuals or Sheboygan River Site consists of the environmental consequences, the
households. Abstract: Information is lower 14 river miles of the Sheboygan Trustees identified a preferred
collected to determine whether an River and adjacent floodplain areas. The alternative.
individual is entitled to compensation filed complaint alleges that the three Under the preferred alternative, the
under the Radiation Exposure Defendants are liable under CERCLA for Trustees envision conducting wetland
Compensation Act. historical industrial discharges of and riparian restoration; wetland,
5. An estimate of the total number of polychlorinated biphenyl (‘‘PCB’’) and/ riparian, and ecologically-associated
respondents and the amount of time or polycyclic aromatic hydrocarbon upland preservation; and recreational
estimated for an average respondent to (‘‘PAH’’) compounds at the Sheboygan enhancement projects within the
respond: It is estimated that there will River Site. PCBs and PAHs were Sheboygan River Basin within
be 2,000 respondents annually, and identified in river sediments throughout Sheboygan County. This would include
each respondent will require 2.5 hours the Site in sufficient concentrations to preservation and potential restoration of
sradovich on DSK3GMQ082PROD with NOTICES

to complete the information collection. cause injury to many types of natural Amsterdam Dunes and Willow Creek.
6. An estimate of the total public resources, including invertebrates, fish, The publication of this notice opens
burden (in hours) associated with the amphibians, birds, and mammals. In a period for public comment on the
collection: An estimate of the total addition, PCB and PAH-contaminated Consent Decree and RP/EA.
public burden (in hours) associated with natural resources resulted in the loss of Comments on the Consent Decrees
the collection: There are an estimated recreational fishing services. should be addressed to the Assistant
5,000 total annual burden hours Under CERCLA, federal and state Attorney General, Environment and
associated with this collection. natural resource trustees have authority Natural Resources Division, and should

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60218 Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Notices

refer to United States and Wisconsin v. Service Corp., D.J. Ref. No. 90–11–2– thirty (30) days after the publication
Tecumseh Products Co.; Thomas 06440/1. All comments on the Consent date of this notice. Comments may be
Industries, Inc.; and Wisconsin Public Decrees must be submitted no later than submitted either by email or by mail:

To submit comments: Send them to:

By email ................................................ pubcomment-ees.enrd@usdoj.gov.
By mail .................................................. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611.

During the public comment period, Library, U.S. DOJ—ENRD, P.O. Box Comments on the RP/EA should be
the Consent Decrees may be examined 7611, Washington, DC 20044–7611. addressed to Betsy M. Galbraith, and
and downloaded at this Justice Please enclose a check or money order reference ‘‘Sheboygan RP/EA’’ in the
Department website: https:// for $46.75 (25 cents per page subject line. All comments on the RP/
www.justice.gov/enrd/consent-decrees. reproduction cost) payable to the United EA must be submitted no later than
We will provide paper copies of the States Treasury. For paper copies of the thirty (30) days after the publication
Consent Decrees and/or the RP/EA upon Consent Decrees without the attached date of this notice. Comments may be
written request and payment of RP/EA, the cost is $20.50. For a paper submitted either by email or by mail:
reproduction costs. Please mail your copy of only the RP/EA, the cost is
request and payment to: Consent Decree $26.25.

To submit comments: Send them to:

By email ................................................ betsy_galbraith@fws.gov.
By mail .................................................. Betsy M. Galbraith, Sheboygan River Natural Resource Trustee Coordinator, 2661 Scott Tower Drive,
New Franken, WI 54228.

During the public comment period, meeting will be held for the purpose of —Evolution of the Earth Science
the RP/EA may be examined and soliciting, from the scientific Division Airborne Science Program
downloaded at this U.S. Fish and community and other persons, scientific —Ensuring High Impact Research in the
Wildlife Service Midwest Region and technical information relevant to Earth Science Division
Natural Resource Damage Assessment program planning.
website: https://www.fws.gov/midwest/ DATES: Wednesday, January 24, 2018, Attendees will be requested to sign a
es/ec/nrda/SheboyganHarbor.html. As 8:30 a.m.–5:00 p.m., and Thursday, register and to comply with NASA
described above, a paper copy of the RP/ January 25, 2018, 8:30 a.m.–3:00 p.m., Headquarters security requirements,
EA may obtained from the Department Local Time. including the presentation of a valid
of Justice as part of the Consent Decree ADDRESSES: NASA Headquarters, Room
picture ID to Security before access to
upon written request and payment of 6H41, 300 E Street SW, Washington, DC NASA Headquarters. Foreign nationals
reproduction costs. 20546. attending this meeting will be required
to provide a copy of their passport and
Randal M. Stone, FOR FURTHER INFORMATION CONTACT:
visa in addition to providing the
Acting Assistant Section Chief, KarShelia Henderson, Science Mission
following information no less than 10
Environmental Enforcement Section, Directorate, NASA Headquarters,
days prior to the meeting: Full name;
Environment and Natural Resources Division. Washington, DC 20546, (202) 358–2355,
gender; date/place of birth; citizenship;
[FR Doc. 2017–27224 Filed 12–18–17; 8:45 am] fax (202) 358–2779, or khenderson@
passport information (number, country,
nasa.gov.
BILLING CODE 4410–15–P telephone); visa information (number,
SUPPLEMENTARY INFORMATION: The type, expiration date); employer/
meeting will be open to the public up affiliation information (name of
NATIONAL AERONAUTICS AND to the capacity of the meeting room. institution, address, country,
SPACE ADMINISTRATION This meeting is also available telephone); title/position of attendee. To
telephonically and by WebEx. You must expedite admittance, attendees with
[Notice: (17–089)] use a touch-tone phone to participate in U.S. citizens and Permanent Residents
this meeting. Any interested person may (green card holders) are asked to
Earth Science Advisory Committee;
dial the USA toll free number 1–888– provide full name and citizenship status
Meeting.
677–3055 or toll number 1–517–623– no less than 3 working days in advance
AGENCY: National Aeronautics and 4737, passcode 2652931, for both days. by contacting KarShelia Henderson via
Space Administration. The WebEx link is https:// email at khenderson@nasa.gov or by fax
ACTION: Notice of meeting. nasa.webex.com/; the meeting number at (202) 358–2779. It is imperative that
on January 24 is 993 357 092, password the meeting be held on this date to
SUMMARY: In accordance with the is Z5PHUHx* (case sensitive); and the accommodate the scheduling priorities
Federal Advisory Committee Act, as meeting number on January 25 is 993
sradovich on DSK3GMQ082PROD with NOTICES

of the key participants.
amended, the National Aeronautics and 289 715, password is 7Ysvs4S* (case
Space Administration (NASA) sensitive). The agenda for the meeting Patricia D. Rausch,
announces a meeting of the Earth includes the following topics: Advisory Committee Management Officer,
Science Advisory Committee. This —Earth Science Division Update National Aeronautics and Space
Committee reports to the Director, Earth —Earth Science Decadal Survey Administration.
Science Division, Science Mission —Earth Science Division Approaches [FR Doc. 2017–27291 Filed 12–18–17; 8:45 am]
Directorate, NASA Headquarters. The for International Coordination BILLING CODE 7510–13–P

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Document Created: 2017-12-19 01:31:06
Document Modified: 2017-12-19 01:31:06
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 60217