[Federal Register Volume 77, Number 217 (Thursday, November 8, 2012)]
[Pages 67025-67026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27287]



Notice of Extension to Public Comment Period for Supplemental 
Consent Decree Lodged 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, 
resolving AVX Corporation's liability under the unknown conditions/new 
information and cost-related reopeners in the 1992 Consent Decree 
between United States and the Commonwealth of Massachusetts and AVX in 
connection with the New Bedford Harbor Superfund Site. 77 FR 63871. 
Under the terms of the Supplemental Consent Decree, AVX will pay an 
additional $366.25 million with interest (in addition to the $59 
million, plus interest, that AVX paid for 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 prior notice indicated that the Department of Justice would 
receive comments concerning the settlement for a period of thirty (30) 
days from the date of publication of the notice on October 17, 2012. 
Having received a request for an extension of the initial comment 
period and given the public interest in this settlement, the United 
States is extending the comment period for an additional thirty (30) 
days. The United States Environmental Protection Agency has also 
adjourned the effective date of the Unilateral Administrative Order, 
issued by EPA Region 1 to AVX on

[[Page 67026]]

April 18, 2012, from November 1, 2012 to January 2, 2013, and EPA has 
posted additional information related to the settlement and the Site at 
the following Web site: http://www.epa.gov/nbh/index.html.
    The Department of Justice will receive, for a period of thirty (30) 
days from November 16, 2012, any comments relating to the proposed 
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 not later 
than December 17, 2012. Comments may be submitted either by email or by 

          To submit comments:                     Send them to:
By email...............................  [email protected].
By mail................................  Assistant Attorney General,
                                          U.S. DOJ-ENRD, P.O. Box 7611,
                                          Washington, DC 20044-7611.

    During the 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. This extended comment period may not be extended if 
a request for a meeting is not timely received to allow for the 
submission of comments within the comment period. 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. 2012-27287 Filed 11-7-12; 8:45 am]