[Federal Register Volume 79, Number 174 (Tuesday, September 9, 2014)]
[Notices]
[Page 53447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21383]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


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

    On September 3, 2014, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Northern 
District of Indiana in the lawsuit entitled United States and the State 
of Indiana v. Atlantic Richfield Company and E. I. du Pont de Nemours 
and Company, Civil Action No. 2:14-cv-312.
    In the Complaint, the United States and the State of Indiana allege 
that Atlantic Richfield Company (``ARC'') and E. I. du Pont de Nemours 
and Company (``DuPont'') are liable under the Comprehensive 
Environmental Response, Compensation, and Liability Act for lead and 
arsenic contamination in the soils and subsurface soils of Zones 1 and 
3 of Operable Unit 1 of the U.S. Smelter and Lead Refinery, Inc. 
Superfund Site (``Site'') in East Chicago, Indiana.
    Under the consent decree, ARC and DuPont will, inter alia: (i) Pay 
all of the United States' and Indiana's costs to clean up Zones 1 and 3 
(``Z1&3'') of Operable Unit 1 of the Site; (ii) properly transport and 
dispose of the wastes that are generated during the clean-up of Z1&3; 
and (iii) pay EPA for projected response costs, plus a premium, at 
certain ``excluded'' properties within Z1&3, unless ARC and DuPont are 
entitled to, and do, opt out of this payment in exchange for not 
securing a covenant not to sue and not receiving contribution 
protection on these ``excluded'' properties.
    The publication of this notice opens a period of public comment on 
the consent decree. Comments should be addressed to the Acting 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States, et al. v. Atlantic Richfield 
Company, et al., D.J. Ref. No. 90-11-3-10884/1. All comments must be 
submitted no later than thirty (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:
------------------------------------------------------------------------
By email............................  [email protected]
By mail.............................  Acting Assistant Attorney General
                                      U.S. DOJ--ENRD
                                      P.O. Box 7611
                                      Washington, DC 20044-7611
------------------------------------------------------------------------

    During the public comment period, the consent decree may be 
examined and downloaded at this Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a 
paper copy of the 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 in the amount of $75.75 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy of the body of the Consent Decree without the exhibits, the cost 
is $15.50.

Randall M. Stone,
Acting Assistant Section Chief Environmental Enforcement Section, 
Environment and Natural Resources Division.
[FR Doc. 2014-21383 Filed 9-8-14; 8:45 am]
BILLING CODE 4410-15-P