83 FR 3457 - Notice of Lodging of Proposed Amendment to a Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act

DEPARTMENT OF JUSTICE

Federal Register Volume 83, Issue 17 (January 25, 2018)

[Federal Register Volume 83, Number 17 (Thursday, January 25, 2018)]
[Notices]
[Page 3457]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01326]


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DEPARTMENT OF JUSTICE


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

    On January 9, 2018, the Department of Justice lodged a proposed 
amendment to the 2003 consent decree with the United States District 
Court for the Eastern District of New York in the lawsuit entitled 
United States, et al. v. Mattiace Industries, Inc., et al., Civil 
Action No. 03-1011.
    In that action, the United States sought, pursuant to the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA''), 42 U.S.C. 9601, et seq., injunctive relief and recovery 
of response costs regarding the Mattiace Petrochemical Superfund Site 
in the City of Glen Cove, Nassau County, New York (the ``Site''). The 
matter was originally resolved in 2003 when the United States entered 
into a Consent Decree with 27 potentially responsible parties regarding 
the Site (the ``2003 Consent Decree''). These parties were joined by a 
28th party, TRC Companies, Inc. (``TRC''), which, though not a liable 
party, agreed to be bound by the 2003 Consent Decree and to perform the 
remedy. The 2003 Consent Decree required, among other things, that the 
settlors implement portions of the remedial action selected by the U.S. 
Environmental Protection Agency (``EPA'') in a 1991 record of decision 
(``1991 ROD'') for the Site.
    On September 29, 2014, EPA issued an amendment to the 1991 ROD, 
which, among other things, documented EPA's decision regarding a 
modification to the remedy to be implemented at the Site and 
identification of a new remedy to address remaining contaminated 
groundwater and soil gas at the Site. The proposed amendment to the 
2003 Consent Decree, which was lodged with the Court on January 9, 
2018, modifies the 2003 Consent Decree to make it consistent with the 
amended ROD. Specifically, it will substitute the amended ROD for the 
2003 ROD; will substitute a new statement of work for the original 
statement of work; and will include updates to the Site history, 
definitions and internal references. TRC will continue to perform the 
work, as a signatory with the settling defendants.
    The publication of this notice opens a period for public comment on 
the proposed Amendment to the 2003 Consent Decree. Comments should be 
addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, and should refer to United States, et al. v. 
Mattiace Industries, Inc., et al., Civil Action No. 03-1011, D.J. Ref. 
No. 90-11-3-07234. All comments must be submitted no later than 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 e-mail...........................  [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 amended consent 
decree may be examined and downloaded at this Justice Department 
website: https://www.justice.gov/enrd/consent-decrees. We will provide 
a paper copy of the proposed amended 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 $9.50 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-01326 Filed 1-24-18; 8:45 am]
 BILLING CODE 4410-15-P