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, Issue 14 (January 24, 2017)
| Page Range | 8211-8211 | |
| FR Document | 2017-01565 |
[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] ======================================================================= ----------------------------------------------------------------------- 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: ------------------------------------------------------------------------ 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, 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
![Federal Register / Vol. 82, No. 14 / Tuesday, January 24, 2017 / Notices 8211
205–2737. Copies of non-confidential No petitions for review of the subject and implement injunctive relief to abate
documents filed in connection with this ID were filed, and the Commission has releases or threatened releases from the
investigation are or will be available for determined not to review the ID. The mine sites.
inspection during official business investigation is terminated. The publication of this notice opens
hours (8:45 a.m. to 5:15 p.m.) in the The authority for the Commission’s a period for public comment on the
Office of the Secretary, U.S. determination is contained in section Consent Decree. Comments should be
International Trade Commission, 500 E 337 of the Tariff Act of 1930, as addressed to the Assistant Attorney
Street SW., Washington, DC 20436, amended (19 U.S.C. 1337), and in part General, Environment and Natural
telephone (202) 205–2000. General 210 of the Commission’s Rules of Resources Division, and should refer to
information concerning the Commission Practice and Procedure (19 CFR part United States v. Cyprus Amax Minerals
may also be obtained by accessing its 210). Company and Western Nuclear, Inc.,
Internet server at http://www.usitc.gov. By order of the Commission. D.J. Ref. No. 90–11–2–10823/1. All
The public record for this investigation Issued: January 17, 2017. comments must be submitted no later
may be viewed on the Commission’s Lisa R. Barton, than thirty (30) days after the
electronic docket (EDIS) at http:// publication date of this notice.
Secretary to the Commission.
edis.usitc.gov. Hearing-impaired Comments may be submitted either by
[FR Doc. 2017–01481 Filed 1–23–17; 8:45 am]
persons are advised that information on email or by mail:
BILLING CODE 7020–02–P
this matter can be obtained by
contacting the Commission’s TDD To submit Send them to:
comments:
terminal on (202) 205–1810.
SUPPLEMENTARY INFORMATION: The
DEPARTMENT OF JUSTICE
By email ....... pubcomment-ees.enrd@
Commission instituted this investigation Notice of Lodging of Proposed usdoj.gov
on November 8, 2016, based on a Consent Decree Under the
By mail ......... Assistant Attorney General,
complaint filed by Kemin Industries, U.S. DOJ—ENRD, P.O.
Comprehensive Environmental Box 7611, Washington, DC
Inc. and Kemin Foods, L.C. both of Des Response, Compensation Liability Act
Moines, Iowa (collectively, 20044–7611.
(‘‘CERCLA’’)
‘‘complainants’’). 81 FR 78634–35 (Nov.
During the public comment period,
8, 2016). The complaint alleges On January 17, 2017, the Department
the Consent Decree may be examined
violations of Section 337 of the Tariff of Justice lodged a proposed Consent
and downloaded at this Justice
Act of 1930, as amended, 19 U.S.C. Decree (‘‘Decree’’) with the United
Department Web site: https://
1337, by reason of infringement of States District Court for the District of
www.justice.gov/enrd/consent-decrees.
certain claims of U.S. Patent Nos. Arizona in the lawsuit entitled United We will provide a paper copy of the
8,815,955 and 9,226,940. The complaint States v. Cyprus Amax Minerals Consent Decree upon written request
further alleges the existence of a Company and Western Nuclear, Inc., and payment of reproduction costs.
domestic industry. The notice of Civil Action No. 2:17–cv–00140. Please mail your request and payment
investigation named as respondents In this action, the United States and to: Consent Decree Library, U.S. DOJ—
OmniActive Health Technologies of the Navajo Nation filed complaints ENRD, P.O. Box 7611, Washington, DC
Mumbai, India and OmniActive Health against Cyprus Amax Minerals 20044–7611.
Technologies, Inc. of Morristown, New Company and Western Nuclear, Inc. Please enclose a check or money order
Jersey (collectively, ‘‘respondents’’). Id. (‘‘Defendants’’) seeking past and future for $15.25 (25 cents per page
at 78635. The Office of Unfair Import response costs and injunctive relief reproduction cost) payable to the United
Investigations was not named as a party. under Sections 106 and 107 of the States Treasury.
On December 13, 2016, complainants Comprehensive Environmental Commenters should be aware that
and respondents filed a joint motion to Response, Compensation and Liability comments received are submitted to the
terminate the investigation based on Act, 42 U.S.C. 9606 and 9607. The Court as a public filing, and may be
settlement. The parties represent that United States and the Navajo Nation submitted to counsel and other parties
the settlement agreement reflects the concurrently lodged a Consent Decree associated with the litigation.
entire and only agreement between the resolving the claims alleged in the
parties regarding the subject matter of complaint. The Defendants, through Henry Friedman,
the investigation and that there are no either their corporate predecessors or Assistant Section Chief, Environmental
other agreement, written or oral, express past activities, operated mine sites on Enforcement Section, Environment and
or implied between the parties the Navajo Nation. There are Navajo Natural Resources Division.
concerning the subject matter of the Nation communities located close to the [FR Doc. 2017–01565 Filed 1–23–17; 8:45 am]
investigation. mine sites, on and near the Navajo BILLING CODE 4410–15–P
On December 28, 2016, the ALJ Nation Reservation, and downstream
granted the joint motion to terminate the and down-wind from the waste piles on
investigation based on settlement. The the mine sites. There have been or may DEPARTMENT OF JUSTICE
ALJ found that the parties’ submissions, be releases and/or threatened releases of Notice of Lodging of Proposed Third
including a modified public version of hazardous substances from the mine Partial Consent Decree Under the
the settlement agreement submitted on sites formerly operated by the Clean Air Act
December 22, 2016, satisfy the Defendants into the environment at each
sradovich on DSK3GMQ082PROD with NOTICES
Commission’s rules. The ALJ found that of the mine sites. More specifically, On January 11, 2017, the Department
the termination of this investigation there have been or may be releases and/ of Justice lodged a proposed Third
based on settlement does not pose any or threatened releases of uranium and Partial Consent Decree with the United
public interest concerns. The ALJ also radium-226, each of which constitutes a States District Court for the Northern
found that it is in the interest of the hazardous substance. The Decree District of California in the lawsuit
public and administrative economy to requires the Settling Defendants to pay entitled In re: Volkswagen ‘‘Clean
grant the motion. past and future response costs to EPA Diesel’’ Marketing, Sales Practices, and
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Document Created: 2018-02-01 15:12:09
Document Modified: 2018-02-01 15:12:09
| 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 8211 |
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