[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Pages 63871-63872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25488]



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

    On October 10, 2012, the Department of Justice lodged a proposed 
Supplemental Consent Decree with the United States District Court for 
the District of Massachusetts in the lawsuit entitled, United States 
and Massachusetts v. AVX Corporation, Civil Action No. 83-3882-Y.
    In 1983, the United States and Massachusetts commenced suit against 
AVX Corporation (``AVX'') alleging that AVX was liable to the 
governments for natural resource damages and later amended the suit to 
seek response costs under the Superfund statute and other legal 
authorities. That litigation against AVX was concluded when the 
governments entered into a Consent Decree with AVX in 1992, resolving 
AVX's liability subject to the governments' rights to further pursue 
the claims under a reservation of rights under CERCLA that authorizes 
the governments to seek additional relief based on unknown conditions 
or new information and another reservation of rights that allows the 
governments to seek additional relief from AVX should certain response 
costs exceed $130.5 million (``reopeners''). This Supplemental Consent 
Decree resolves AVX's liability for response costs and injunctive 
relief under both the unknown conditions/new information and cost-
related reopeners under the 1992 Consent Decree. Upon entry of the 
Supplemental Consent Decree, the Unilateral Administrative Order 
(``UAO'') issued, pursuant to Section 106 of CERCLA, by EPA Region 1 on 
April 18, 2012 (whose ``effective date'' has currently been delayed 
until November 1, 2012) will be withdrawn. Mediated negotiations 
between the governments and AVX that were conducted following EPA's 
issuance of the UAO resulted in the Supplemental Consent Decree.
    Under the terms of the Supplemental Consent Decree, AVX Corporation 
will pay an additional $366.25 million with interest (in addition to 
the $59 million, plus interest, that AVX paid for

[[Page 63872]]

response costs in the 1992 Consent Decree) in three payments spanning 
two years and will provide financial assurance to secure the required 
payments. The governments will release their claims for all response 
costs and injunctive relief without new ``reopeners'' under Sections 
106 and 107 of CERCLA, among other alleged claims. The governments 
retain their rights to additional relief for natural resource damages 
pursuant to a reservation of rights in the 1992 Consent Decree.
    The publication of this notice initiates a 30-day period for public 
comment on the Supplemental Consent Decree. Comments should be 
addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, and should refer to United States and Massachusetts 
v. AVX Corporation, D.J. Ref. No. 90-11-2-32/2. 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 e-mail...............................  [email protected].
By mail.................................  Assistant Attorney General,
                                           U.S. DOJ--ENRD, P.O. Box
                                           7611, Washington, DC 20044-

    During the 30-day comment period, a person may request an 
opportunity for a public meeting in the affected area in accordance 
with Section 7003 of RCRA, 42 U.S.C. 6973, regarding the Decree's 
covenant not to sue under Section 7003. The 30-day comment period may 
not be extended if a request for a meeting is not timely received to 
allow for the submission of comments within 30 days. During the public 
comment period, the Supplemental Consent Decree may be examined and 
downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy of the 
Supplemental 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-
    Please enclose a check or money order for $19.50 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy without the exhibits, the cost is $6.50.

Ronald G. Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2012-25488 Filed 10-16-12; 8:45 am]