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, Issue 59 (March 27, 2018)
| Page Range | 13145-13146 | |
| FR Document | 2018-06080 |
[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] ----------------------------------------------------------------------- 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: ------------------------------------------------------------------------ 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 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
![Federal Register / Vol. 83, No. 59 / Tuesday, March 27, 2018 / Notices 13145
substances registration.’’ Blanton, 43 FR Dated: March 14, 2018. Additionally, the Defendants will
at 27617 (revoking physician’s Robert W. Patterson, reimburse EPA for its future response
registration based on one-year Acting Administrator. costs, but they will not reimburse EPA
suspension of his state license) [FR Doc. 2018–06089 Filed 3–26–18; 8:45 am] for its future oversight costs unless and
(emphasis added). BILLING CODE 4410–09–P until such costs, together with past
Based on my finding that Registrant’s responses costs and interim costs
Physician’s and Surgeon’s Certificate incurred before entry of the consent
DEPARTMENT OF JUSTICE decree, exceed $8.37 million. The
has been revoked, I find that Registrant
is currently without authority to proposed consent decree will provide
Revised Notice of Lodging of
dispense controlled substances under covenants not to sue to the Defendants,
Proposed Consent Decree Under the
the laws of California, the State in Comprehensive Environmental as well as to numerous other potentially
which he is registered. See Cal. Health Response, Compensation, and Liability responsible parties (‘‘Other Settling
& Safety Code § 11150 (‘‘No person Act Parties’’) who have previously entered
other than a physician, dentist, into settlement agreements with one or
On March 14, 2018, the Department of more of the Defendants and, in most
podiatrist, or veterinarian . . . shall
Justice published notice of a proposed instances, received indemnifications
write or issue a prescription’’ for a consent decree that it lodged on
controlled substance.); id. § 11210 (‘‘A from them, provided that such Other
February 27, 2018, with the United Settling Parties (listed in Appendix E of
physician, surgeon, dentist, [or] States District Court for the Southern
veterinarian . . . may prescribe for, the consent decree) submit signature
District of Ohio in the lawsuit entitled
furnish to, or administer controlled pages agreeing to be bound by the
United States v. Bridgestone Americas
substances to his or her patient when consent decree and, if they own
Tire Operations, et al., Case No. 3:18–
the patient is suffering from a disease, cv–00054 (S.D. Ohio). It has come to the property likely affected by the remedial
ailment, injury . . . .’’); id. § 11024 attention of the Department of Justice action, cooperate in the implementation
(‘‘ ‘Physician,’ ‘dentist,’ ‘podiatrist,’ . . . that members of the public were unable of the consent decree.
means persons who are licensed to to access a copy of the proposed consent The publication of this revised notice
practice their respective professions in decree on the Department’s website. As opens a new period for public comment
this state.’’); id. § 11352.1(b) (‘‘any a result, the Department of Justice is on the proposed consent decree.
person who knowingly and unlawfully now publishing this revised notice, Comments should be addressed to the
dispenses or furnishes a dangerous drug which will give members of the public Assistant Attorney General,
. . . without a license to dispense or 30 days from the publication date of this Environment and Natural Resources
furnish these products, shall be guilty of revised notice to review and comment Division, and should refer United States
a misdemeanor’’).1 I will therefore order on the proposed consent decree. v. Bridgestone Americas Tire
that his registration be revoked and that The proposed consent decree resolves Operations, et al., Case No. 3:18–cv–
any pending application to renew or claims of the United States 00054 (S.D. Ohio), D.J. Ref. No. 90–11–
modify his registration, or for any other Environmental Protection Agency 3–11076. All comments must be
(‘‘EPA’’) against seven defendants—
registration in California, be denied. submitted no later than thirty (30) days
Bridgestone Americas Tire Operations,
after the publication date of this revised
Order LLC; Cargill, Inc.; Flowserve
Corporation; Kelsey-Hayes Company; notice. Comments may be submitted
Pursuant to the authority vested in me NCR Corporation; Northrop Grumman either by email or by mail:
by 21 U.S.C. 824(a) and 28 CFR 0.100(b), Systems Corporation, and Waste
I order that DEA Certificate of To submit
Management of Ohio (collectively comments: Send them to:
Registration No. FO0414677 issued to ‘‘Defendants’’)—for response costs and
Christopher D. Owens, M.D., be, and it injunctive relief with respect to the By email ....... pubcomment-ees.enrd@
hereby is, revoked. Pursuant to the North Sanitary (aka ‘‘Valleycrest’’) usdoj.gov.
authority vested in me by 21 U.S.C. Landfill Superfund Site in Dayton, Ohio By mail ......... Assistant Attorney General,
823(f), I order that any pending (‘‘Site’’). A complaint, which was filed U.S. DOJ—ENRD, P.O.
application to renew or modify this simultaneously with the proposed Box 7611, Washington, DC
registration, or for any other registration consent decree, alleges that the 20044–7611.
in the State of California, be, and it Defendants are liable under Sections
hereby is, denied. This Order is effective 106, 107(a), and 113(g)(2) of the During the public comment period,
immediately.2 Comprehensive Environmental the proposed consent decree may be
Response, Compensation, and Liability examined and downloaded at this
1 See also Cal. Bus. & Prof. Code § 2052 (‘‘any Act (‘‘CERCLA’’), 42 U.S.C. 9606, Justice Department website: https://
person . . . who diagnoses, treats, operates for or 9607(a), and 9613(g)(2). Under the www.justice.gov/enrd/consent-decrees.
prescribes for any ailment, . . . disease, . . . proposed consent decree, the We will also provide a paper copy of the
disorder, injury, or other physical or mental Defendants will perform the remedy proposed consent decree upon written
condition of any person, without having at the time selected by EPA to address
of so doing a valid, unrevoked, or unsuspended request and payment of reproduction
certificate as provided in this chapter . . . is guilty
contamination at the Site by, among costs. Please mail your request and
of a public offense’’); id. § 2051 (‘‘The physician’s other things, designing and constructing payment to: Consent Decree Library,
amozie on DSK30RV082PROD with NOTICES
and surgeon’s certificate authorizes the holder to a landfill ‘‘cap’’ that will cover U.S. DOJ—ENRD, P.O. Box 7611,
use drugs or devices in or upon human beings . . . approximately 70 acres of the Site.
in the treatment of diseases, injuries, deformities, Washington, DC 20044–7611.
Other significant remedial actions will
and other physical and mental conditions). Please enclose a check or money order
2 For the same reasons which led the MBC to
include the design and construction of
a system to address landfill gas, as well for $84.50 (338 pages at 25 cents per
issue the Interim Suspension Order, I find that the
public interest necessitates that this Order be as a system to prevent leachate from page reproduction cost) payable to the
effective immediately. 21 CFR 1316.67. contaminating groundwater. United States Treasury. For a paper
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![13146 Federal Register / Vol. 83, No. 59 / Tuesday, March 27, 2018 / Notices
copy without the Appendices and functions of the agency, including NATIONAL SCIENCE FOUNDATION
signature pages, the cost is $20.75. whether the information will have
practical utility; Sunshine Act Meeting; National
Susan Akers, — Evaluate the accuracy of the agency’s Science Board
Assistant Section Chief, Environmental estimate of the burden of the
Enforcement Section, Environment and proposed collection of information, The National Science Board’s Task
Natural Resources Division. Force on Skilled Technical Workforce,
including the validity of the
[FR Doc. 2018–06080 Filed 3–26–18; 8:45 am]
methodology and assumptions used; pursuant to NSF regulations (45 CFR
BILLING CODE 4410–15–P —Enhance the quality, utility, and part 614), the National Science
clarity of the information to be Foundation Act, as amended (42 U.S.C.
collected; and/or 1862n–5), and the Government in the
DEPARTMENT OF JUSTICE —Minimize the burden of the collection Sunshine Act (5 U.S.C. 552b), hereby
[OMB Number 1125–0003] of information on those who are to gives notice of the scheduling of a
respond, including through the use of teleconference for the transaction of
Agency Information Collection appropriate automated, electronic, National Science Board business, as
Activities; Proposed Collection; mechanical, or other technological follows:
Comments Requested; Fee Waiver collection techniques or other forms TIME & DATE: Monday, April 2, 2018 at
Request of information technology, e.g., 12:30–1:30 p.m. EDT.
permitting electronic submission of PLACE: This meeting will be held by
AGENCY: Executive Office for responses.
Immigration Review, Department of teleconference at the National Science
Justice. Overview of This Information Foundation, 2415 Eisenhower Avenue,
Collection Alexandria, VA 22314. An audio link
ACTION: 30-Day notice.
will be available for the public.
1. Type of Information Collection:
SUMMARY: The Department of Justice Members of the public must contact the
Revision and extension of a currently
(DOJ), Executive Office for Immigration Board Office to request the public audio
approved collection.
Review (EOIR), will be submitting the 2. The Title of the Form/Collection: link by sending an email to
following information collection request Fee Waiver Request. nationalsciencebrd@nsf.gov at least 24
to the Office of Management and Budget 3. The Agency Form Number: Form hours prior to the teleconference.
(OMB) for review and approval in EOIR–26A (OMB 1125–0003). STATUS: Open.
accordance with the Paperwork 4. Affected Public Who Will Be Asked MATTERS TO BE CONSIDERED: Task Force
Reduction Act of 1995. This proposed or Required to Respond, as Well as a on Skilled Technical Workforce
information collection was previously Brief Abstract: discussion on current and future
published in the Federal Register Primary: An individual submitting an activities.
allowing for a 60-day comment period. appeal or motion to the Board of
CONTACT PERSON FOR MORE INFORMATION:
DATES: Comments are encouraged and
Immigration Appeals. Other: Attorneys
Point of contact for this meeting is:
will be accepted for an additional 30 and qualified representatives
Mateo Munoz, mmunoz@nsf.gov, 703–
days until April 26, 2018. representing an alien in immigration
292–7000. Meeting information and
proceedings before EOIR. Abstract: The
FOR FURTHER INFORMATION CONTACT: If information on the fee waiver request updates may be found at http://
you have comments especially on the form is used by the Board of www.nsf.gov/nsb/notices.jsp#sunshine.
estimated public burden or associated Immigration Appeals to determine Please refer to the National Science
response time, suggestions, or need a whether the requisite fee for a motion or Board website at www.nsf.gov/nsb for
copy of the proposed information appeal will be waived due to an general information.
collection instrument with instructions individual’s financial situation. Chris Blair,
or additional information, please 5. An Estimate of the Total Number of Executive Assistant to the National Science
contact Jean King, General Counsel, Respondents and the Amount of Time Board Office.
Executive Office for Immigration Estimated for an Average Respondent to [FR Doc. 2018–06211 Filed 3–23–18; 4:15 pm]
Review, U.S. Department of Justice, Respond: It is estimated that there are BILLING CODE 7555–01–P
Suite 2600, 5107 Leesburg Pike, Falls 7,116 respondents, 7,116 annual
Church, Virginia, 22041; telephone: responses, and that each response takes
(703) 305–0470. Written comments and/ 1 hour to complete.
or suggestions can also be sent to the 6. An Estimate of the Total Public NUCLEAR REGULATORY
Office of Management and Budget, Burden (in Hours) Associated With the COMMISSION
Office of Information and Regulatory Collection: 7,116 annual burden hours. [NRC–2018–0059]
Affairs, Attention Department of Justice If additional information is required
Desk Officer, Washington, DC 20503 or contact: Melody Braswell, Department Biweekly Notice; Applications and
sent to OIRA_submissions@ Clearance Officer, United States Amendments to Facility Operating
omb.eop.gov. Department of Justice, Justice Licenses and Combined Licenses
SUPPLEMENTARY INFORMATION: Written Management Division, Policy and Involving No Significant Hazards
comments and suggestions from the Planning Staff, Two Constitution Considerations
public and affected agencies concerning Square, 145 N Street NE, 3E.405B,
Washington, DC 20530. AGENCY: Nuclear Regulatory
amozie on DSK30RV082PROD with NOTICES
the proposed collection of information Commission.
are encouraged. Your comments should Dated: March 22, 2018.
ACTION: Biweekly notice.
address one or more of the following Melody D. Braswell,
four points: Department Clearance Officer for PRA, U.S. SUMMARY: Pursuant to Section 189a. (2)
—Evaluate whether the proposed Department of Justice. of the Atomic Energy Act of 1954, as
collection of information is necessary [FR Doc. 2018–06068 Filed 3–26–18; 8:45 am] amended (the Act), the U.S. Nuclear
for the proper performance of the BILLING CODE 4410–30–P Regulatory Commission (NRC) is
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Document Created: 2018-03-27 01:26:47
Document Modified: 2018-03-27 01:26:47
| 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 | 83 FR 13145 |
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