[Federal Register Volume 77, Number 80 (Wednesday, April 25, 2012)]
[Page 24740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9892]



Notice of Lodging of Settlement Agreement Under the Resource 
Conservation And Recovery Act and the Emergency Planning and Community 
Right-to-Know Act

    Notice is hereby given that on April 11, 2012, a proposed revised 
Consent Decree in United States v. Clean Harbors of Braintree, Inc., 
No. 11-11440, was lodged with the United States District Court for the 
District of Massachusetts. The United States filed this action, on 
August 12, 2011, under the Resource Conservation and Recovery Act 
(``RCRA''), 42 U.S.C. 6901, et seq., and the Emergency Planning and 
Community Right-to-Know Act (``EPCRA''), 42 U.S.C. 11001, et seq. The 
Complaint alleged that Clean Harbors of Braintree, Inc. (``Clean 
Harbors'') violated various provisions of RCRA and EPCRA, as well as 
their implementing permits and regulations, at the hazardous waste 
treatment, storage, and disposal facility operated by Clean Harbors at 
1 Hill Avenue in Braintree, Massachusetts. At the time the United 
States filed the action, it also lodged the original Consent Decree, 
which resolved the civil claims of the United States for the violations 
alleged in the Complaint through the date of lodging of the Consent 
Decree. Under the original Consent Decree, Clean Harbors agreed to 
certain injunctive relief, to pay a penalty in the amount of $650,000, 
and to implement a Supplemental Environmental Project, at a cost of at 
least $1,062,500, involving the planting of trees in low-income or 
minority areas located in the City of Boston (``Boston Tree SEP''). 
After consideration of public comment received concerning the original 
Consent Decree, the United States and Clean Harbors have withdrawn the 
original Consent Decree and have entered into the revised Consent 
Decree. The revised Consent Decree adjusts downward the number of trees 
planted under the Boston Tree SEP, and now includes an additional 
Supplemental Environmental Project involving the acquisition of an 
aerial ladder fire truck for the Town of Braintree. Under the revised 
Consent Decree, Clean Harbors will expend at least $612,500 on the 
Boston Tree SEP. Clean Harbors will also acquire, or cause to be 
acquired, an aerial ladder fire truck for the Town of Braintree. The 
Town of Braintree may contribute toward a portion of the cost of the 
truck, but Clean Harbors's contribution must be at least $450,000 and 
Clean Harbors will be responsible for acquisition of the fire truck 
regardless of whether or not the Town of Braintree contributes any 
monies toward the fire truck.
    For a period of thirty days from the date of this publication, the 
Department of Justice will receive and consider comments relating to 
the revised Consent Decree. All comments must be received by the 
Department of Justice within this thirty-day period. Comments should be 
addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, and either emailed to [email protected] 
or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 
20044, and should refer to United States v. Clean Harbors of Braintree, 
Inc., No. 11-11440 (D. Mass.) and D.J. Ref. No. 90-7-1-09439. A copy of 
any comments should be sent to Donald G. Frankel, Senior Counsel, 
Department of Justice, Environmental Enforcement Section, One Gateway 
Center, Suite 616, Newton, MA 02458, or emailed to 
[email protected].
    During the public comment period, the Consent Decree may be 
examined on the following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Consent Decree 
may also be obtained by mail from the Consent Decree Library, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611 or by 
faxing or emailing a request to ``Consent Decree Copy'' 
([email protected]), fax no. (202) 514-0097, phone confirmation 
number (202) 514-5271. In requesting a copy of the Consent Decree from 
the Consent Decree Library, please enclose a check in the amount of 
$9.50 (25 cents per page reproduction cost) payable to the U.S. 
Treasury (if the request is by fax or email, forward a check to the 
Consent Decree library at the address stated above).

Ronald G. Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2012-9892 Filed 4-24-12; 8:45 am]