Notice of Lodging of Proposed Consent Decree Amendment Under the Comprehensive Environmental Response, Compensation, and Liability Act, 68092-68093 [2013-27050]

Download as PDF 68092 Federal Register / Vol. 78, No. 219 / Wednesday, November 13, 2013 / Notices 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. Issued: November 6, 2013. By order of the Commission. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–27070 Filed 11–12–13; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE [OMB Number 1103–0016] Agency Information Collection Activities; Proposed Collection; Comments Requested: Certification of Identity sroberts on DSK5SPTVN1PROD with NOTICES ACTION: 60-Day notice. The Department of Justice (DOJ), Justice Management Division, will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for ‘‘sixty days’’ until January 13, 2014. This process is conducted in accordance with 5 CFR 1320.10. If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Evie Sassok, 145 N Street NW., Washington, DC 20530. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Enhance the quality, utility, and clarity of the information to be collected; and —Minimize the burden of the collection of information on those who are to respond, including through the use of VerDate Mar<15>2010 17:14 Nov 12, 2013 Jkt 232001 appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection (1) Type of Information Collection: Extension of a currently approved collection. (2) Title of the Form/Collection: Certification of Identity (3) Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form DOJ–361. Facilities and Administrative Services Staff, Justice Management Division, U.S. Department of Justice. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: American Citizens. Other: Federal Government. The information collection will be used by the Department to identify individuals requesting certain records under the Privacy Act. Without this form an individual cannot obtain the information requested. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: It is estimated that 69,000 respondents will complete each form within approximately 30 minutes. (6) An estimate of the total public burden (in hours) associated with the collection: There are an estimated total of 34,500 annual burden hours associated with this collection. If additional information is required contact: Jerri Murray, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., 3W–1407B, Washington, DC 20530. Dated: November 7, 2013. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice. [FR Doc. 2013–27118 Filed 11–12–13; 8:45 am] BILLING CODE 4410–CW–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Amendment Under the Comprehensive Environmental Response, Compensation, and Liability Act On November 5, 2013, the Department of Justice lodged a proposed consent decree amendment with the United PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 States District Court for the District of South Carolina in the lawsuit entitled United States of America v. AILS, LLC, as successor-in-interest to ABCO Industries, Ltd., et al., Civil Action No. 6:92–cv–0153–20, regarding the remedial action at the Medley Farm Superfund Site located in Gaffney, Cherokee County, South Carolina (‘‘Site’’). In 1992, the Court entered a consent decree in the matter of United States v. ABCO Industries, Ltd., et al., (‘‘1992 Consent Decree’’) under which defendants agreed to perform the remedial action at the Site consistent with the Environmental Protection Agency’s (‘‘EPA’s’’) 1991 Record of Decision. The 1992 Consent Decree required defendants to, among other things, utilize a groundwater pump-andtreat system to address contaminated groundwater. The effectiveness of this system declined through time. In 2012, EPA issued an Amended Record of Decision, amending the groundwater component of the remedy to employ enhanced reductive dechlorination as an active treatment process to address groundwater contamination, and selecting monitored natural attenuation as the contingency remedy. The proposed consent decree amendment includes the revised groundwater cleanup remedy and contingency remedy of the 2012 Amended Record of Decision and addresses other changes such as to the names of defendants. The consent decree amendment was signed by the following defendants: AILS, LLC, as successor-in-interest to ABCO Industries, Ltd.; BASF Corporation; Colonial Heights Packaging Inc.; Ethox Chemicals, LLC; Expert Management Inc. on behalf of National Starch and Chemical Company; Henkel Corporation, as successor-in-interest to Tanner Chemicals, Inc., f/k/a/EvodeTanner; and Milliken & Company. The publication of this notice opens a period for public comment on the consent decree amendment. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. AILS, LLC as successor-in-interest to ABCO Industries, Ltd., et al., D.J. Ref. No. 90– 11–3–104A. 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 email ......... pubcomment-ees.enrd@ usdoj.gov. E:\FR\FM\13NON1.SGM 13NON1 Federal Register / Vol. 78, No. 219 / Wednesday, November 13, 2013 / Notices To submit comments: Send them to: By mail ........... Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. During the public comment period, the consent decree amendment 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 consent decree amendment 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 $75.50 (25 cents per page reproduction cost) payable to the United States Treasury. For a paper copy without the appendices, the cost is $8.75. Henry S. Friedman, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2013–27050 Filed 11–12–13; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE sroberts on DSK5SPTVN1PROD with NOTICES Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act On November 6, 2013, the Department of Justice lodged a proposed consent decree with the United States District Court for the District of Rhode Island in the lawsuit entitled United States v. Estate of Amilio L. Zompa, et al., Civil Action No. 3:12–cv–00812–ML–PAS. The United States filed this lawsuit under Section 107(a) of the Comprehensive Environmental Response, Compensation and Liability Act (‘‘CERCLA’’). The United States’ complaint seeks recovery of costs incurred in connection with the Environmental Protection Agency’s cleanup of hazardous substances at the Birch Swamp Road Superfund Site in Warren, Rhode Island. The Consent Decree requires the defendants to pay a total of $92,000 plus interest, and 82% of the net proceeds from the sale of two properties. The Decree also requires the United States on behalf of the Defense Logistics Agency to pay $475,000 to resolve a potential counterclaim for contribution under Section 113(f) of CERCLA. VerDate Mar<15>2010 17:14 Nov 12, 2013 Jkt 232001 The publication of this notice opens a period for public comment on the consent decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. Estate of Amilio L. Zompa, et al., D.J. Ref. No. 90–11–3– 090979/1. 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 email ......... pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044– 7611. By mail ........... During the public comment period, the 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 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 $12.25 (25 cents per page reproduction cost) payable to the United States Treasury. Robert E. Maher, Jr., Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2013–27158 Filed 11–12–13; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree; Pursuant to the Resource Conservation and Recovery Act and the Clean Water Act On October 28, 2013, the Department of Justice lodged a proposed Consent Decree (‘‘Decree’’) in the United States District Court for the Eastern District of Kentucky in the lawsuit entitled United States of America v. Calgon Carbon Corporation, Civil Action No. 0:13–cv– 00158. This Decree represents a settlement of claims against the Defendant Calgon Carbon Corporation (‘‘Defendant’’ or ‘‘Calgon’’) for violations of Kentucky Revised Statutes (KRS) Title XVIII Chapter 224, Subchapter 46-Hazardous PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 68093 Waste et seq. (Section 3005 of the Resource Conservation and Recovery Act (‘‘RCRA’’), 42 U.S.C. 9625), and the Kentucky Hazardous Waste Management Regulations, as authorized, at Title 401 of Kentucky Administrative Regulations (KAR) Chapters 31 through 38 (40 CFR parts 260 through 270), which account for numerous RCRA hazardous waste permit conditions, RCRA interim status conditions, and other RCRA hazardous waste management requirements at Calgon’s Big Sandy facility located near Catlettsburg, Kentucky, and at Calgon’s Solid Waste Landfill. In addition, the Complaint contains allegations of violations by Calgon of the Clean Water Act (CWA), Sections 301 and 402 of the CWA, 42 U.S.C. SS 1341 and 1311, by not complying with its National Pollutant Discharge Elimination System (NPDES) permit. Under the proposed Consent Decree, the Defendant will pay a penalty of $1.6 million, to be allocated as $1,374,000 as civil penalty for RCRA violations, and $226,000 for the CWA violations. The Decree provides for stipulated penalties in the event the Defendant fails to comply with the Decree’s requirements. The proposed Consent Decree provides for injunctive relief sought by the United States that EPA believes is necessary to address Calgon’s violations and bring the facility into compliance with the law. The injunctive relief that Calgon must perform is set forth in Section V. (Compliance Requirements) of the Consent Decree. Calgon has already submitted a Lagoon Solids Stockpile Sampling Quality Assurance Project Plan (QAPP) and Lagoon Solids Stockpile Sampling Work Plan to address sampling and testing of the Phase II Lagoon Solids Stockpile. EPA has already approved this Work Plan and QAPP, which are attached as an appendix to the Consent Decree. Calgon is required to begin to implement its Work Plan within thirty days of the Effective Date of the Consent Decree, which is the date the Decree is entered by the Court. Within ninety days from the Effective Date of the Decree, Calgon is required to submit a site specific QAPP and Work Plan to address the sampling and testing of groundwater at Calgon’s Residual Solid Waste Landfill. Upon acceptance of the Plan by the Environmental Protection Agency (EPA), Calgon is required to begin to implement the Work within fifteen days. Calgon must further conduct Corrective Action in accordance with its State-issued RCRA permit and any other applicable Commonwealth rules and regulations for solid waste management E:\FR\FM\13NON1.SGM 13NON1

Agencies

[Federal Register Volume 78, Number 219 (Wednesday, November 13, 2013)]
[Notices]
[Pages 68092-68093]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27050]


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DEPARTMENT OF JUSTICE


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

    On November 5, 2013, the Department of Justice lodged a proposed 
consent decree amendment with the United States District Court for the 
District of South Carolina in the lawsuit entitled United States of 
America v. AILS, LLC, as successor-in-interest to ABCO Industries, 
Ltd., et al., Civil Action No. 6:92-cv-0153-20, regarding the remedial 
action at the Medley Farm Superfund Site located in Gaffney, Cherokee 
County, South Carolina (``Site'').
    In 1992, the Court entered a consent decree in the matter of United 
States v. ABCO Industries, Ltd., et al., (``1992 Consent Decree'') 
under which defendants agreed to perform the remedial action at the 
Site consistent with the Environmental Protection Agency's (``EPA's'') 
1991 Record of Decision. The 1992 Consent Decree required defendants 
to, among other things, utilize a groundwater pump-and-treat system to 
address contaminated groundwater. The effectiveness of this system 
declined through time. In 2012, EPA issued an Amended Record of 
Decision, amending the groundwater component of the remedy to employ 
enhanced reductive dechlorination as an active treatment process to 
address groundwater contamination, and selecting monitored natural 
attenuation as the contingency remedy. The proposed consent decree 
amendment includes the revised groundwater cleanup remedy and 
contingency remedy of the 2012 Amended Record of Decision and addresses 
other changes such as to the names of defendants. The consent decree 
amendment was signed by the following defendants: AILS, LLC, as 
successor-in-interest to ABCO Industries, Ltd.; BASF Corporation; 
Colonial Heights Packaging Inc.; Ethox Chemicals, LLC; Expert 
Management Inc. on behalf of National Starch and Chemical Company; 
Henkel Corporation, as successor-in-interest to Tanner Chemicals, Inc., 
f/k/a/Evode-Tanner; and Milliken & Company.
    The publication of this notice opens a period for public comment on 
the consent decree amendment. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States v. AILS, LLC as successor-in-interest 
to ABCO Industries, Ltd., et al., D.J. Ref. No. 90-11-3-104A. 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..................................  pubcomment-ees.enrd@usdoj.gov.

[[Page 68093]]

 
By mail...................................  Assistant Attorney General,
                                             U.S. DOJ--ENRD, P.O. Box
                                             7611, Washington, DC 20044-
                                             7611.
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    During the public comment period, the consent decree amendment 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 consent decree amendment 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 $75.50 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy without the appendices, the cost is $8.75.

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2013-27050 Filed 11-12-13; 8:45 am]
BILLING CODE 4410-15-P