[Federal Register Volume 81, Number 84 (Monday, May 2, 2016)]
[Notices]
[Pages 26259-26260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10114]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decrees Under the
Comprehensive Environmental Response, Compensation, and Liability Act
On April 22, 2016, the Department of Justice lodged two proposed
consent decrees with the United States District Court for the Eastern
District of Tennessee in the lawsuit entitled United States and State
of Tennessee v. OXY USA Inc., Civil Action No. 1:16-cv-103.
[[Page 26260]]
The United States, on behalf of the U.S. Environmental Protection
Agency (``EPA''), and the State of Tennessee, on behalf of the
Tennessee Department of Environment and Conservation (``TDEC''), filed
this lawsuit under the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA). The complaint requests
performance of response actions to address Operable Units 3 and 5 of
the Copper Basin Mining District Superfund Site in Polk County,
Tennessee, recovery of costs that the United States has incurred
responding to releases of hazardous substances at the site, and
recovery of costs that the United States and the State of Tennessee
will incur overseeing implementation of the remedies at Operable Units
3 and 5 at the site.
The proposed consent decrees would resolve the claims alleged in
the complaint and provides for implementation of remedies at Operable
Units 3 and 5 that EPA and TDEC will oversee. The proposed Operable
Unit 3 consent decree requires OXY USA Inc. to implement the remedy
selected by EPA for Operable Unit 3, pay EPA $10,779,509 in
unreimbursed response costs at the site, and to pay future response
costs incurred by EPA and TDEC at Operable Unit 3. The proposed
Operable Unit 3 consent decree also includes the United States
Departments of the Army, Commerce, and Defense as settling federal
agencies as the successor to the former federal government owner and
operator of the site, and provides that the United States, on behalf of
those agencies, will reimburse OXY USA Inc. for a portion of its costs
incurred at the site.
The proposed Operable Unit 5 consent decree requires OXY USA Inc.
to implement the remedy selected by EPA for Operable Unit 5, and to pay
future response costs incurred by EPA and TDEC at Operable Unit 5. The
proposed Operable Unit 5 consent decree also includes the Tennessee
Valley Authority as an implementing federal agency that will
participate in the implementation of the remedial action selected by
EPA.
The publication of this notice opens a period for public comment on
the consent decrees. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
should refer to United States and State of Tennessee v. OXY USA Inc.,
D.J. Ref. No. 90-11-3-10404/1 (Operable Unit 3 consent decree) or D.J.
Ref. No. 90-11-3-10404 (Operable Unit 5 consent decree). Comments
should specify whether they address the proposed Operable Unit 3
consent decree, the proposed Operable Unit 5 consent decree, or both.
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:
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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 public comment period, the proposed consent decrees may
be examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. We will provide paper copies of
the proposed consent decrees upon written request and payment of
reproduction costs. Please mail your request (specify which proposed
consent decree you are requesting) 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 $79.25 for the proposed
Operable Unit 3 consent decree and/or $102 for the proposed Operable
Unit 5 consent decree (25 cents per page reproduction cost) payable to
the United States Treasury. For a paper copy without the exhibits and
signature pages, the cost is $12.25 for the proposed Operable Unit 3
consent decree and $13 for the proposed Operable Unit 5 consent decree.
Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2016-10114 Filed 4-29-16; 8:45 am]
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