[Federal Register Volume 77, Number 217 (Thursday, November 8, 2012)]
[Notices]
[Pages 67025-67026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27287]
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DEPARTMENT OF JUSTICE
Notice of Extension to Public Comment Period for Supplemental
Consent Decree Lodged Under the Comprehensive Environmental Response,
Compensation, and Liability Act
On October 10, 2012, the Department of Justice lodged a proposed
Supplemental Consent Decree with the United States District Court for
the District of Massachusetts in the lawsuit entitled, United States
and Massachusetts v. AVX Corporation, Civil Action No. 83-3882-Y,
resolving AVX Corporation's liability under the unknown conditions/new
information and cost-related reopeners in the 1992 Consent Decree
between United States and the Commonwealth of Massachusetts and AVX in
connection with the New Bedford Harbor Superfund Site. 77 FR 63871.
Under the terms of the Supplemental Consent Decree, AVX will pay an
additional $366.25 million with interest (in addition to the $59
million, plus interest, that AVX paid for response costs in the 1992
Consent Decree) in three payments spanning two years and will provide
financial assurance to secure the required payments. The governments
will release their claims for all response costs and injunctive relief
without new ``reopeners'' under Sections 106 and 107 of CERCLA, among
other alleged claims. The governments retain their rights to additional
relief for natural resource damages pursuant to a reservation of rights
in the 1992 Consent Decree.
The prior notice indicated that the Department of Justice would
receive comments concerning the settlement for a period of thirty (30)
days from the date of publication of the notice on October 17, 2012.
Having received a request for an extension of the initial comment
period and given the public interest in this settlement, the United
States is extending the comment period for an additional thirty (30)
days. The United States Environmental Protection Agency has also
adjourned the effective date of the Unilateral Administrative Order,
issued by EPA Region 1 to AVX on
[[Page 67026]]
April 18, 2012, from November 1, 2012 to January 2, 2013, and EPA has
posted additional information related to the settlement and the Site at
the following Web site: http://www.epa.gov/nbh/index.html.
The Department of Justice will receive, for a period of thirty (30)
days from November 16, 2012, any comments relating to the proposed
Supplemental Consent Decree. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
and should refer to United States and Massachusetts v. AVX Corporation,
D.J. Ref. No. 90-11-2-32/2. All comments must be submitted not later
than December 17, 2012. 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 comment period, a person may request an opportunity for
a public meeting in the affected area in accordance with Section 7003
of RCRA, 42 U.S.C. 6973, regarding the Decree's covenant not to sue
under Section 7003. This extended comment period may not be extended if
a request for a meeting is not timely received to allow for the
submission of comments within the comment period. During the public
comment period, the Supplemental Consent Decree may be examined and
downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy of the
Supplemental 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 $19.50 (25 cents per page
reproduction cost) payable to the United States Treasury. For a paper
copy without the exhibits, the cost is $6.50.
Ronald G. Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2012-27287 Filed 11-7-12; 8:45 am]
BILLING CODE 4410-15-P