Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, and the Clean Water Act, 35470-35471 [2011-15014]

Download as PDF 35470 Federal Register / Vol. 76, No. 117 / Friday, June 17, 2011 / Notices during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Room 112, Washington, DC 20436, telephone (202) 205–2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205– 2000. General information concerning the Commission may also be obtained by accessing its Internet server at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. emcdonald on DSK2BSOYB1PROD with NOTICES Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR ’ 210.10 (2011). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on June 13, 2011, Ordered That— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain muzzle-loading firearms and components thereof that infringe one or more of claim 11 of the ‘781 patent; claims 1–3 and 10–12 of the ‘694 patent; claims 19 and 20 of the ‘138 patent; claims 1 and 6 of the ‘311 patent; claims 1–5 of the ‘030 patent; and claims 1 and 2 of the ‘981 patent, and whether an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337; (2) Pursuant to section 210.58 of the Commission’s Rules of Practice and Procedure, 19 C.F.R. § 210.58, the motion for temporary relief under subsection (e) of section 337 of the Tariff Act of 1930, which was filed with the complaint, is provisionally accepted and referred to the presiding administrative law judge for investigation; (3) For the purpose of the investigation so instituted, the following are hereby named as parties upon which VerDate Mar<15>2010 17:39 Jun 16, 2011 Jkt 223001 this notice of investigation shall be served: (a) The complainants are: Thompson/Center Arms Company, Inc., 2100 Roosevelt Avenue, Springfield, MA 01104. Smith & Wesson Corp., 2100 Roosevelt Avenue, Springfield, MA 01104. (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Dikar Sociedad Cooperativa Limitada, Calle Urarte Kalea—Pol. Ind. San, Lorenzo 26 APTDO 193 20570 Bergara, Spain, Bergara Barrels Europe, Urarte, 26 Bergara 20570, Spain. Blackpower Products Inc., 1685 Boggs Road, Suite 300, Duluth, GA 30096. Connecticut Valley Arms, 1685 Boggs Road, Suite 300, Duluth, GA 30096. Bergara Barrels North America, 1685 Boggs Road, Suite 300, Duluth, GA 30096. Ardesa Firearms, Camino de Talleri, s/n, 48170 Zamudio-Vizcoya, Spain. Traditional Sporting Goods, Inc., d/b/a Traditions Sporting Firearms, 1375 Boston Post Road, P.O. Box 776, Old Saybrook, CT 06475. (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436; and (4) For the investigation so instituted, the Honorable Paul J. Luckern, Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR § 210.13. Pursuant to 19 CFR § 201.16(d)–(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: June 14, 2011. James R. Holbein, Secretary to the Commission. [FR Doc. 2011–15075 Filed 6–16–11; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [USITC SE–11–015] Government in the Sunshine Act Meeting Notice United States International Trade Commission. TIME AND DATE: June 21, 2011 at 11 a.m. PLACE: Room 110, 500 E Street, SW., Washington, DC 20436, Telephone: (202) 205–2000. STATUS: Open to the public. MATTERS TO BE CONSIDERED: 1. Agendas for future meetings: none. 2. Minutes. 3. Ratification List. 4. Vote in Inv. No. 731–TA–385 (Third Review) (Granular Polytetrafluoroethylene from Italy). The Commission is currently scheduled to transmit its determination and Commissioners’ opinions to the Secretary of Commerce on or before June 29, 2011. 5. Outstanding action jackets: None. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. AGENCY HOLDING THE MEETING: By order of the Commission. Issued: June 14, 2011. William R. Bishop, Hearings and Meetings Coordinator. [FR Doc. 2011–15188 Filed 6–15–11; 11:15 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, and the Clean Water Act In accordance with Departmental Policy, 28 CFR 50.7, notice is hereby given that on June 13, 2011, a proposed consent decree was lodged with the E:\FR\FM\17JNN1.SGM 17JNN1 emcdonald on DSK2BSOYB1PROD with NOTICES Federal Register / Vol. 76, No. 117 / Friday, June 17, 2011 / Notices United States District Court for the District of Idaho in United States of America et al. v. Hecla Limited, Civil Action No. 96–0122–N–EJL (D. Idaho), and two consolidated cases (Civil Action Nos. 91–0342–N–EJL and 94– 0206–N–HLR). The proposed Consent Decree settles claims of the United States, the Coeur d’Alene Tribe, and the State of Idaho against Hecla Limited, Hecla Mining Company, Hecla Silver Valley, Inc., HLT, Inc., and Silver Hunter Mining Company for response costs and natural resource damages stemming from certain releases of hazardous substances from historic mining and mining-related operations at the Bunker Hill Mining and Metallurgical Complex Superfund Site. The Site is generally located in the Coeur d’Alene Basin watershed in Idaho. The lawsuit seeks damages for injuries to natural resources such as fish and birds caused by millions of tons of mining wastes that had been released into the South Fork of the Coeur d’Alene River and its tributaries. The United States Environmental Protection Agency has been performing cleanup work in the Coeur d’Alene Basin since the early 1980s, and the suit also seeks reimbursement of EPA’s cleanup costs. Most of the defendants settled before trial. After a 78-day trial, the district court in Idaho ruled in 2003 that the remaining defendants, Hecla and ASARCO, had liability for natural resource damages and response costs and that the amount of their liability would be determined in a second phase of litigation. The litigation in the district court in Idaho was stayed in 2005 when ASARCO filed a petition for reorganization under Chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the Southern District of Texas. ASARCO reached settlement with the United States in 2008, and paid the settlement amounts in full after the bankruptcy court in Texas approved ASARCO’s plan of reorganization. Accordingly, the federal district court in Idaho dismissed the claims against ASARCO on September 8, 2010. The court also postponed the second phase of the trial against Hecla to allow time to negotiate a settlement. Hecla is the only remaining defendant. Among other things, the proposed consent decree will require Hecla to pay $263.4 million plus interest to the United States, the Coeur d’Alene Tribe, and the State. Of that total, about $180 million would go toward the United States’ past response costs and future response actions to address the mining waste being remediated by EPA; $60 million would go toward natural VerDate Mar<15>2010 17:39 Jun 16, 2011 Jkt 223001 resources damages for joint federal/ state/tribal resources, including the United States Department of the Interior and the United States Department of Agriculture; $17 million would go toward satisfying Hecla’s remaining obligations under an earlier consent decree to fund response actions for part of the Site; $4 million would go toward the Tribe’s past costs; and $2 million would go toward a State/Tribe management plan for Lake Couer d’Alene. Those payments are within Hecla’s financial means. A settlement based purely on litigation concerns would have been beyond Hecla’s ability to fund and remain financially viable. The settlement process involved an in-depth review by the United States’ mining and financial experts of Hecla’s finances, including proprietary and confidential internal financial information. That review determined that Hecla could not fully pay its alleged liability. The payments to be made by Hecla under the proposed Consent Decree therefore reflect Hecla’s ability to pay, given Hecla’s financial condition, the highly volatile nature of metal prices, and the fact that Hecla’s profitability is extremely sensitive to those metals’ prices. The settlement also includes a process for coordinating Hecla’s future mining operations with EPA’s cleanup activities in the Couer d’Alene Basin. These provisions are designed to avoid and minimize potential conflicts between cleanup activities and mining operations wherever possible. The proposed consent decree includes a covenant not to sue by the United States under Sections 106 and 107(a) of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9606 & 9607(a); Section 7003 of the Resource Conservation and Recovery Act, 42 U.S.C. 6973; and Sections 309, 311 and 504 of the Clean Water Act, 33 U.S.C. 1319, 1321 & 1364. For 30 days after the date of this publication, the Department of Justice will receive comments relating to the proposed consent decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcommentees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United States v. Hecla Limited, DJ Reference Nos. 90–11–3– 128L. Commenters may request an opportunity for a public meeting in the affected area, in accordance with Section 7003(d) of RCRA, 42 U.S.C. 6973(d). PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 35471 The proposed consent decree may be examined at the Office of the United States Attorney for the District of Idaho, Washington Group Plaza IV, 800 Park Blvd., Suite 600, Boise, ID 83712. During the public comment period, the Consent Decree may also be examined on the following Department of Justice Web site: https://www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the proposed consent decree may be obtained by mailing a request to the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611. When requesting a copy by mail, please enclose a check payable to the U.S. Treasury in the amount of $65.50 for the complete consent decree or $16.50 for the consent decree without the appendices (25 cents per page reproduction cost). A copy may also be obtained by faxing or e-mailing a request to Tonia Fleetwood, tonia.fleetwood@usdoj.gov, fax number (202) 514–0097, phone confirmation number (202) 514–1547, and sending a check to the Consent Decree Library at the stated address. Robert E. Maher, Jr., Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2011–15014 Filed 6–16–11; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Material Modification to Consent Decree Under the Clean Air Act Pursuant to Department of Justice policy, notice is hereby given that, on June 14, 2011, a proposed Second Material Modification to Consent Decree (‘‘Second Decree Modification’’) in United States, et al. v. Bunge North America, Inc., et al., Civil Action No. 2:06–cv–02209–MPM–DGB (C.D. Ill.) was lodged with the United States District Court for the Central District of Illinois. The original Consent Decree in this matter, entered on January 16, 2007, addressed alleged violations of the Clean Air Act, 42 U.S.C. 7401–7671q, and its implementing regulations at 12 soybean and corn processing facilities owned and operated by Bunge North America, Inc. and several affiliated entities (collectively referred to herein as ‘‘Bunge’’). A First Decree Modification, entered on June 30, 2010, required Bunge to reduce air pollutant emissions at its Decatur, Indiana facility by installing new equipment to recover and re-use certain condensed waste water streams at the facility. The proposed Second Decree Modification E:\FR\FM\17JNN1.SGM 17JNN1

Agencies

[Federal Register Volume 76, Number 117 (Friday, June 17, 2011)]
[Notices]
[Pages 35470-35471]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15014]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation and Liability Act, the Resource 
Conservation and Recovery Act, and the Clean Water Act

    In accordance with Departmental Policy, 28 CFR 50.7, notice is 
hereby given that on June 13, 2011, a proposed consent decree was 
lodged with the

[[Page 35471]]

United States District Court for the District of Idaho in United States 
of America et al. v. Hecla Limited, Civil Action No. 96-0122-N-EJL (D. 
Idaho), and two consolidated cases (Civil Action Nos. 91-0342-N-EJL and 
94-0206-N-HLR). The proposed Consent Decree settles claims of the 
United States, the Coeur d'Alene Tribe, and the State of Idaho against 
Hecla Limited, Hecla Mining Company, Hecla Silver Valley, Inc., HLT, 
Inc., and Silver Hunter Mining Company for response costs and natural 
resource damages stemming from certain releases of hazardous substances 
from historic mining and mining-related operations at the Bunker Hill 
Mining and Metallurgical Complex Superfund Site. The Site is generally 
located in the Coeur d'Alene Basin watershed in Idaho.
    The lawsuit seeks damages for injuries to natural resources such as 
fish and birds caused by millions of tons of mining wastes that had 
been released into the South Fork of the Coeur d'Alene River and its 
tributaries. The United States Environmental Protection Agency has been 
performing cleanup work in the Coeur d'Alene Basin since the early 
1980s, and the suit also seeks reimbursement of EPA's cleanup costs.
    Most of the defendants settled before trial. After a 78-day trial, 
the district court in Idaho ruled in 2003 that the remaining 
defendants, Hecla and ASARCO, had liability for natural resource 
damages and response costs and that the amount of their liability would 
be determined in a second phase of litigation. The litigation in the 
district court in Idaho was stayed in 2005 when ASARCO filed a petition 
for reorganization under Chapter 11 of the Bankruptcy Code in the 
United States Bankruptcy Court for the Southern District of Texas. 
ASARCO reached settlement with the United States in 2008, and paid the 
settlement amounts in full after the bankruptcy court in Texas approved 
ASARCO's plan of reorganization. Accordingly, the federal district 
court in Idaho dismissed the claims against ASARCO on September 8, 
2010. The court also postponed the second phase of the trial against 
Hecla to allow time to negotiate a settlement. Hecla is the only 
remaining defendant.
    Among other things, the proposed consent decree will require Hecla 
to pay $263.4 million plus interest to the United States, the Coeur 
d'Alene Tribe, and the State. Of that total, about $180 million would 
go toward the United States' past response costs and future response 
actions to address the mining waste being remediated by EPA; $60 
million would go toward natural resources damages for joint federal/
state/tribal resources, including the United States Department of the 
Interior and the United States Department of Agriculture; $17 million 
would go toward satisfying Hecla's remaining obligations under an 
earlier consent decree to fund response actions for part of the Site; 
$4 million would go toward the Tribe's past costs; and $2 million would 
go toward a State/Tribe management plan for Lake Couer d'Alene.
    Those payments are within Hecla's financial means. A settlement 
based purely on litigation concerns would have been beyond Hecla's 
ability to fund and remain financially viable. The settlement process 
involved an in-depth review by the United States' mining and financial 
experts of Hecla's finances, including proprietary and confidential 
internal financial information. That review determined that Hecla could 
not fully pay its alleged liability. The payments to be made by Hecla 
under the proposed Consent Decree therefore reflect Hecla's ability to 
pay, given Hecla's financial condition, the highly volatile nature of 
metal prices, and the fact that Hecla's profitability is extremely 
sensitive to those metals' prices.
    The settlement also includes a process for coordinating Hecla's 
future mining operations with EPA's cleanup activities in the Couer 
d'Alene Basin. These provisions are designed to avoid and minimize 
potential conflicts between cleanup activities and mining operations 
wherever possible. The proposed consent decree includes a covenant not 
to sue by the United States under Sections 106 and 107(a) of the 
Comprehensive Environmental Response, Compensation and Liability Act, 
42 U.S.C. 9606 & 9607(a); Section 7003 of the Resource Conservation and 
Recovery Act, 42 U.S.C. 6973; and Sections 309, 311 and 504 of the 
Clean Water Act, 33 U.S.C. 1319, 1321 & 1364.
    For 30 days after the date of this publication, the Department of 
Justice will receive comments relating to the proposed consent decree. 
Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, and either e-mailed to 
pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. Hecla Limited, DJ Reference Nos. 90-11-3-128L. 
Commenters may request an opportunity for a public meeting in the 
affected area, in accordance with Section 7003(d) of RCRA, 42 U.S.C. 
6973(d).
    The proposed consent decree may be examined at the Office of the 
United States Attorney for the District of Idaho, Washington Group 
Plaza IV, 800 Park Blvd., Suite 600, Boise, ID 83712. During the public 
comment period, the Consent Decree may also be examined on the 
following Department of Justice Web site: https://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the proposed consent decree may be 
obtained by mailing a request to the Consent Decree Library, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611. When 
requesting a copy by mail, please enclose a check payable to the U.S. 
Treasury in the amount of $65.50 for the complete consent decree or 
$16.50 for the consent decree without the appendices (25 cents per page 
reproduction cost). A copy may also be obtained by faxing or e-mailing 
a request to Tonia Fleetwood, tonia.fleetwood@usdoj.gov, fax number 
(202) 514-0097, phone confirmation number (202) 514-1547, and sending a 
check to the Consent Decree Library at the stated address.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2011-15014 Filed 6-16-11; 8:45 am]
BILLING CODE 4410-15-P
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