83 FR 13145 - Revised Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act

DEPARTMENT OF JUSTICE

Federal Register Volume 83, Issue 59 (March 27, 2018)

[Federal Register Volume 83, Number 59 (Tuesday, March 27, 2018)]
[Notices]
[Pages 13145-13146]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06080]


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DEPARTMENT OF JUSTICE


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

    On March 14, 2018, the Department of Justice published notice of a 
proposed consent decree that it lodged on February 27, 2018, with the 
United States District Court for the Southern District of Ohio in the 
lawsuit entitled United States v. Bridgestone Americas Tire Operations, 
et al., Case No. 3:18-cv-00054 (S.D. Ohio). It has come to the 
attention of the Department of Justice that members of the public were 
unable to access a copy of the proposed consent decree on the 
Department's website. As a result, the Department of Justice is now 
publishing this revised notice, which will give members of the public 
30 days from the publication date of this revised notice to review and 
comment on the proposed consent decree.
    The proposed consent decree resolves claims of the United States 
Environmental Protection Agency (``EPA'') against seven defendants--
Bridgestone Americas Tire Operations, LLC; Cargill, Inc.; Flowserve 
Corporation; Kelsey-Hayes Company; NCR Corporation; Northrop Grumman 
Systems Corporation, and Waste Management of Ohio (collectively 
``Defendants'')--for response costs and injunctive relief with respect 
to the North Sanitary (aka ``Valleycrest'') Landfill Superfund Site in 
Dayton, Ohio (``Site''). A complaint, which was filed simultaneously 
with the proposed consent decree, alleges that the Defendants are 
liable under Sections 106, 107(a), and 113(g)(2) of the Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA''), 
42 U.S.C. 9606, 9607(a), and 9613(g)(2). Under the proposed consent 
decree, the Defendants will perform the remedy selected by EPA to 
address contamination at the Site by, among other things, designing and 
constructing a landfill ``cap'' that will cover approximately 70 acres 
of the Site. Other significant remedial actions will include the design 
and construction of a system to address landfill gas, as well as a 
system to prevent leachate from contaminating groundwater. 
Additionally, the Defendants will reimburse EPA for its future response 
costs, but they will not reimburse EPA for its future oversight costs 
unless and until such costs, together with past responses costs and 
interim costs incurred before entry of the consent decree, exceed $8.37 
million. The proposed consent decree will provide covenants not to sue 
to the Defendants, as well as to numerous other potentially responsible 
parties (``Other Settling Parties'') who have previously entered into 
settlement agreements with one or more of the Defendants and, in most 
instances, received indemnifications from them, provided that such 
Other Settling Parties (listed in Appendix E of the consent decree) 
submit signature pages agreeing to be bound by the consent decree and, 
if they own property likely affected by the remedial action, cooperate 
in the implementation of the consent decree.
    The publication of this revised notice opens a new period for 
public comment on the proposed consent decree. Comments should be 
addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, and should refer United States v. Bridgestone 
Americas Tire Operations, et al., Case No. 3:18-cv-00054 (S.D. Ohio), 
D.J. Ref. No. 90-11-3-11076. All comments must be submitted no later 
than thirty (30) days after the publication date of this revised 
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 proposed consent decree may 
be examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will also provide a paper copy 
of the proposed 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 $84.50 (338 pages at 25 
cents per page reproduction cost) payable to the United States 
Treasury. For a paper

[[Page 13146]]

copy without the Appendices and signature pages, the cost is $20.75.

Susan Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-06080 Filed 3-26-18; 8:45 am]
 BILLING CODE 4410-15-P