[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)]
[Notices]
[Pages 54125-54126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19335]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed First Partial Remedial Design/
Remedial Action (RD/RA) Consent Decree Under CERCLA
On August 9, 2016, the Department of Justice lodged a proposed
First Partial Remedial Design/Remedial Action (RD/RA) Consent Decree
(``Consent Decree'') with the United States District Court for the
District of New Mexico, in the lawsuit entitled United States and State
of New Mexico, et al. v. Chevron Mining Inc., Civil Action No. 1:16-cv-
00904.
The United States, on behalf of the U.S. Environmental Protection
Agency, together with the State of New Mexico, filed this lawsuit under
the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (``CERCLA'') against Chevron Mining Inc. (``CMI''). The
Defendant, CMI, is the owner and operator of the Chevron Questa Mine
Superfund Site (``Site''), an inactive
[[Page 54126]]
Molybdenum mine, located in Taos County, New Mexico. The complaint
requests recovery of costs that the United States incurred responding
to releases of hazardous substances at the Site. Under the proposed
settlement, CMI agrees to pay $5,269,949 in past costs, to perform
certain aspects of the remedial action selected by EPA for the Site,
which are estimated to cost over $143 million, and to pay EPA's future
costs associated with oversight of that work. Other aspects of the
remedy will proceed at a later date. In return, the United States
agrees not to sue CMI under sections 106 and 107 of CERCLA or under
section 7003 of the Resource Conservation and Recovery Act for the work
that CMI has agreed to perform.
The publication of this notice opens a period for public comment on
the Consent Decree. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
should refer to United States and State of Mexico, et al. v. Chevron
Mining Inc., Civil Action No. 1:16-cv-00904, D.J. Ref. No. 90-11-3-
10261. 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 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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Under section 7003(d) of the Resource Conservation and Recovery Act
(``RCRA''), 42 U.S.C. 6973, a commenter may request an opportunity for
a public meeting in the affected area.
During the public comment period, the Consent Decree may be
examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. 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 or money order for $36.00 (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 $11.50.
Jeffrey K. Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2016-19335 Filed 8-12-16; 8:45 am]
BILLING CODE 4410-15-P