82 FR 8211 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation Liability Act (“CERCLA”)

DEPARTMENT OF JUSTICE

Federal Register Volume 82, Issue 14 (January 24, 2017)

[Federal Register Volume 82, Number 14 (Tuesday, January 24, 2017)]
[Notices]
[Page 8211]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01565]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the 
Comprehensive Environmental Response, Compensation Liability Act 
(``CERCLA'')

    On January 17, 2017, the Department of Justice lodged a proposed 
Consent Decree (``Decree'') with the United States District Court for 
the District of Arizona in the lawsuit entitled United States v. Cyprus 
Amax Minerals Company and Western Nuclear, Inc., Civil Action No. 2:17-
cv-00140.
    In this action, the United States and the Navajo Nation filed 
complaints against Cyprus Amax Minerals Company and Western Nuclear, 
Inc. (``Defendants'') seeking past and future response costs and 
injunctive relief under Sections 106 and 107 of the Comprehensive 
Environmental Response, Compensation and Liability Act, 42 U.S.C. 9606 
and 9607. The United States and the Navajo Nation concurrently lodged a 
Consent Decree resolving the claims alleged in the complaint. The 
Defendants, through either their corporate predecessors or past 
activities, operated mine sites on the Navajo Nation. There are Navajo 
Nation communities located close to the mine sites, on and near the 
Navajo Nation Reservation, and downstream and down-wind from the waste 
piles on the mine sites. There have been or may be releases and/or 
threatened releases of hazardous substances from the mine sites 
formerly operated by the Defendants into the environment at each of the 
mine sites. More specifically, there have been or may be releases and/
or threatened releases of uranium and radium-226, each of which 
constitutes a hazardous substance. The Decree requires the Settling 
Defendants to pay past and future response costs to EPA and implement 
injunctive relief to abate releases or threatened releases from the 
mine sites.
    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. Cyprus Amax Minerals Company and 
Western Nuclear, Inc., D.J. Ref. No. 90-11-2-10823/1. 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 $15.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.
    Commenters should be aware that comments received are submitted to 
the Court as a public filing, and may be submitted to counsel and other 
parties associated with the litigation.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2017-01565 Filed 1-23-17; 8:45 am]
 BILLING CODE 4410-15-P