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)

Page Range		3457-3457
FR Document		2018-01326

Federal Register, Volume 83 Issue 17 (Thursday, 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:

------------------------------------------------------------------------
         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.
------------------------------------------------------------------------

    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

Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Notices 3457

sale, transferring (except for injunctive relief and recovery of this Justice Department website: https://
exportation), and soliciting U.S. agents response costs regarding the Mattiace www.justice.gov/enrd/consent-decrees.
or distributors for mirrors with internal Petrochemical Superfund Site in the We will provide a paper copy of the
illumination and components thereof City of Glen Cove, Nassau County, New proposed amended consent decree upon
that infringe one or more of claims 9 York (the ‘‘Site’’). The matter was written request and payment of
and 18 of the ’414 patent. See Certain originally resolved in 2003 when the reproduction costs. Please mail your
Electric Skin Care Devices, Brushes and United States entered into a Consent request and payment to: Consent Decree
Chargers Therefor, and Kits Containing Decree with 27 potentially responsible Library, U.S. DOJ—ENRD, P.O. Box
the Same, Inv. No. 337–TA–959, parties regarding the Site (the ‘‘2003 7611, Washington, DC 20044–7611.
Comm’n Op. (Feb. 13, 2017) (public Consent Decree’’). These parties were Please enclose a check or money order
version) (including Chairman joined by a 28th party, TRC Companies, for $9.50 (25 cents per page
Schmidtlein Separate views on issuing Inc. (‘‘TRC’’), which, though not a liable reproduction cost) payable to the United
cease and desist orders governed by party, agreed to be bound by the 2003 States Treasury.
section 337(g)(1)). Consent Decree and to perform the
remedy. The 2003 Consent Decree Jeffrey Sands,
The Commission has further
determined that the public interest required, among other things, that the Assistant Section Chief, Environmental
settlors implement portions of the Enforcement Section, Environment and
factors enumerated in sections 337(d), Natural Resources Division.
(f), and (g)(1) (19 U.S.C. 1337(d), (f), and remedial action selected by the U.S.
Environmental Protection Agency [FR Doc. 2018–01326 Filed 1–24–18; 8:45 am]
(g)(1)) do not preclude issuance of the
limited exclusion order or the cease and (‘‘EPA’’) in a 1991 record of decision BILLING CODE 4410–15–P

desist order. Finally, the Commission (‘‘1991 ROD’’) for the Site.
has determined that a bond in the On September 29, 2014, EPA issued
amount of 100 percent of the entered an amendment to the 1991 ROD, which,
NATIONAL SCIENCE FOUNDATION
value of the covered products is among other things, documented EPA’s
required to permit temporary decision regarding a modification to the Proposal Review Panel for Physics;
importation during the period of remedy to be implemented at the Site Notice of Meeting
Presidential review (19 U.S.C. 1337(j)). and identification of a new remedy to
The Commission’s orders were address remaining contaminated In accordance with the Federal
delivered to the President and to the groundwater and soil gas at the Site. Advisory Committee Act (Pub. L. 92–
United States Trade Representative on The proposed amendment to the 2003 463, as amended), the National Science
the day of their issuance. Consent Decree, which was lodged with Foundation (NSF) announces the
The Commission has terminated this the Court on January 9, 2018, modifies following meeting:
investigation. The authority for the the 2003 Consent Decree to make it Name and Committee Code: Proposal
Commission’s determination is consistent with the amended ROD. Review Panel for the Division of Physics
Specifically, it will substitute the (1208)—University of Utah Site Visit.
contained in section 337 of the Tariff
amended ROD for the 2003 ROD; will Date and Time: February 20, 2018; 8:30
Act of 1930, as amended, 19 U.S.C. a.m.–6:00 p.m., February 21, 2018; 8:30 a.m.–
1337, and in part 210 of the substitute a new statement of work for
the original statement of work; and will 3:00 p.m.
Commission’s Rules of Practice and Place: University of Utah, Salt Lake City,
Procedure, 19 CFR part 210. include updates to the Site history,
UT 84112.
definitions and internal references. TRC Type of Meeting: Part-Open.
By order of the Commission. will continue to perform the work, as a Contact Person: Jean Cottam-Allen,
Issued: January 19, 2018. signatory with the settling defendants. Program Director for Physics Frontier
Lisa R. Barton, The publication of this notice opens Centers, Division of Physics, National
Secretary to the Commission. a period for public comment on the Science Foundation, 2415 Eisenhower
[FR Doc. 2018–01318 Filed 1–24–18; 8:45 am] proposed Amendment to the 2003 Avenue, Room W9217, Alexandria, VA
Consent Decree. Comments should be 22314; Telephone: (703) 292–8783.
BILLING CODE 7020–02–P
addressed to the Assistant Attorney Purpose of Meeting: Site visit to provide an
General, Environment and Natural evaluation of the progress of the projects at
the host site for the Division of Physics at the
DEPARTMENT OF JUSTICE Resources Division, and should refer to
National Science Foundation.
United States, et al. v. Mattiace
Notice of Lodging of Proposed Industries, Inc., et al., Civil Action No. Agenda
Amendment to a Consent Decree 03–1011, D.J. Ref. No. 90–11–3–07234. February 20, 2018; 8:30 a.m.–6:00 p.m.
Under the Comprehensive All comments must be submitted no
08:30 a.m.–09:30 a.m. Greetings and
Environmental Response, later than 30 days after the publication introductions
Compensation, and Liability Act date of this notice. Comments may be 09:30 a.m.–10:15 a.m. P. Sokolsky
submitted either by email or by mail: (composition, anistotropy, sFLASH)
On January 9, 2018, the Department of 10:15 a.m.–10:30 a.m. Break
Justice lodged a proposed amendment to To submit 10:30 a.m.–12:00 p.m. D. Bergman and G.
Send them to:
the 2003 consent decree with the United comments: Thomson presentations
States District Court for the Eastern 12:00 p.m.–1:00 p.m. Lunch (panel meets
By e-mail ...... pubcomment-ees.enrd@ with students and post docs)
District of New York in the lawsuit
usdoj.gov. 1:00 p.m.–2:15 p.m. J. Betz and C. Jui
entitled United States, et al. v. Mattiace
sradovich on DSK3GMQ082PROD with NOTICES

By mail ......... Assistant Attorney General, presentations
Industries, Inc., et al., Civil Action No. U.S. DOJ—ENRD, P.O. 2:15 p.m.–2:30 p.m. Break
03–1011. Box 7611, Washington, DC 2:30 p.m.–4:00 p.m. J. Calahan and C. Jui
In that action, the United States 20044–7611. discussions and Thomson (summary)
sought, pursuant to the Comprehensive 4:00 p.m.–5:00 p.m. Panel meeting and
Environmental Response, During the public comment period, questions on experiments
Compensation, and Liability Act the proposed amended consent decree 5:00 p.m.–6:00 p.m. Poster Session (Greg,
(‘‘CERCLA’’), 42 U.S.C. 9601, et seq., may be examined and downloaded at Jackson, JiHee, Jon Paul and Bill)

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Document Created: 2018-01-25 08:50:34
Document Modified: 2018-01-25 08:50:34

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 3457