[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)]
[Notices]
[Pages 11247-11248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05140]


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DEPARTMENT OF JUSTICE


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

    On February 27, 2018, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Southern 
District of Ohio in the lawsuit entitled United States v. Bridgestone 
Americas Tire Operations et al., Case No. 3:18-cv-00054 (S.D. Ohio).
    The proposed consent decree resolves claims of the United States 
Environmental Protection Agency (``EPA'') against seven defendants--
Bridgestone Americas Tire Operations, LLC; Cargill, Inc.; Flowserve 
Corporation; Kelsey-Hayes Company; NCR Corporation; Northrop Grumman 
Systems Corporation, and Waste Management of Ohio (collectively 
``Defendants)--for response costs and injunctive relief with respect to 
the North Sanitary (aka ``Valleycrest'') Landfill Superfund Site in 
Dayton, Ohio (``Site''). A complaint, which was filed simultaneously 
with the proposed consent decree, alleges that the Defendants are 
liable under Sections 106, 107(a), and 113(g)(2) of the Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA''), 
42 U.S.C. 9606, 9607(a), and 9613(g)(2). Under the proposed consent 
decree, the defendants will perform the remedy selected by EPA to 
address contamination at the Site by, among other things, designing and 
constructing a landfill ``cap'' that will cover approximately 70 acres 
of the Site. Other significant remedial actions will include the design 
and construction of a system to address landfill gas, as well as a 
system to prevent leachate from contaminating groundwater. 
Additionally, the Defendants will reimburse EPA for its future response 
costs, but they will not reimburse EPA for its future oversight costs 
unless and until such costs, together with past response costs and 
interim costs incurred before entry of the consent decree, exceed $8.37 
million. The proposed consent decree will provide

[[Page 11248]]

covenants not to sue to the Defendants, as well as to numerous other 
potentially responsible parties (``Other Settling Parties'') who have 
previously entered into settlement agreements with one or more of the 
Defendants and, in most instances, received indemnifications from them, 
provided that such Other Settling Parties (listed in Appendix E of the 
consent decree) submit signature pages agreeing to be bound by the 
consent decree and, if they own property likely affected by the 
remedial action, cooperate in the implementation of the consent decree.
    The publication of this notice opens a period for public comment on 
the proposed consent decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer United States v. Bridgestone Americas Tire Operations 
et al., Case No. 3:18-cv-00054 (S.D. Ohio), D.J. Ref. No. 90-11-3-
11076. 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, D.C. 20044-7611.
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    During the public comment period, the proposed consent decree may 
be examined and downloaded at this Justice Department website: https://www.usdoj.gov/enrd/consent-decrees.html. We will also provide a paper 
copy of the proposed 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 $84.50 (338 pages at 25 
cents per page reproduction cost) payable to the United States 
Treasury. For a paper copy without the Appendices and signature pages, 
the cost is $20.75.

Randall M. Stone,
Acting Assistant Section Chief, Environmental Enforcement Section, 
Environment and Natural Resources Division.
[FR Doc. 2018-05140 Filed 3-13-18; 8:45 am]
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