Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act, 9138-9139 [2019-04635]

Download as PDF 9138 Federal Register / Vol. 84, No. 49 / Wednesday, March 13, 2019 / Notices Dated: March 7, 2019. Melody Braswell, Department Clearance Officer for PRA, U.S. Department of Justice. [FR Doc. 2019–04516 Filed 3–12–19; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE amozie on DSK9F9SC42PROD with NOTICES Notice of Lodging of Proposed Consent Decree Under The Comprehensive Environmental Response, Compensation, and Liability Act On March 7, 2019, the Department of Justice lodged for public comment a Consent Decree with defendants Atlantic Wood Industries, Inc. (AWI), and Atlantic Metrocast, Inc. (AMI), in the United States District Court for the Eastern District of Virginia, Norfolk Division, Civil Action No. 2:19–cv– 00109. The proposed consent decree resolves claims in a complaint that the United States on behalf of EPA filed in the Eastern District of Virginia asserting claims under Section 107(a)(1) and (2) of the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9607(a)(1) and (2), against AWI as former owner and operator and current owner of the AWI Superfund Site, located in Portsmouth, Virginia; and against its subsidiary AMI as a current operator of the Site. The Complaint also includes a claim on behalf of the Department of the Interior (DOI) through the Fish and Wildlife Service and the National Oceanic and Atmospheric Administration (NOAA) against AWI and AMI under CERCLA Section 107(a)(4)(C) for natural resources damages. The Commonwealth of Virginia also will file an uncontested motion to intervene in the case to assert claims against the United States on behalf of the Navy and against AWI and AMI under CERCLA and Virginia law, which will also be resolved through the proposed consent decree. Under the proposed decree, AWI will pay $250,000 with interest to Plaintiffs, with $75,000 to the United States on behalf of EPA, and $175,000 to Virginia, in ten installment payments over nine years from entry. It also agrees to retain $15 million in CERCLA liability and a lien on its real property against that liability, which liability and lien will be reduced to fifty percent of the appraised value of the property after nine years from entry of the Consent Decree, when EPA expects the cleanup to be complete. AWI further concedes title to Virginia to new land that was created along its waterfront as part of the remedial VerDate Sep<11>2014 17:45 Mar 12, 2019 Jkt 247001 action, and Virginia and EPA agree to a division of rental income or sales proceeds in connection with that new land. AWI agrees as part of the settlement to an environmental covenant which will impose institutional controls on its use of the property and which AWI/AMI will record so that it will run with the land. Finally, AWI agrees to perform proper operation and maintenance on its property, both in the Consent Decree and in a detailed appendix. The United States on behalf of the Navy and the Department of Defense (‘‘DOD’’) resolves its potential liability to AWI in the proposed decree, and pays its equitable share of response costs at the Site through a payment of $55,325,966 to EPA from the Judgment Fund. The United Sates will also pay $8.5 million to Virginia from the Judgment Fund for its share of Virginia’s past costs and of the costs of Virginia’s future operation and maintenance of the Site. The Navy and DOD and Virginia have agreed that if EPA requires future groundwater treatment, then the Navy and DOD will pay 50% of Virginia’s response costs under a ‘‘pay go’’ arrangement where Virginia pays the treatment costs up front and invoices 50% of the costs to the Navy and DOD on a regular basis. The proposed Consent Decree also resolves the claims against the Navy and DOD for natural resource damages of NOAA, DOI, and the Commonwealth of Virginia by payment from the Judgment Fund of (1) $ 1.5 million to Virginia to fund oyster restoration in the Southern or Eastern Elizabeth River; and (2) $94,660 to NOAA and DOI for their past costs. The Consent Decree contains standard CERCLA covenants and reservations, as well as a reopener for CERCLA natural resource damage claims. AWI agrees in the proposed Consent Decree to dismiss with prejudice its petition for review in Atlantic Wood Industries, Inc. v. EPA (D.C. Cir.) contending that EPA’s record of decision impermissibly amends the NPL listing for the Site by expanding the Site boundaries to include sediments in the Elizabeth River. The publication of this notice opens a period for public comment on the Consent Decree. Comments should be addressed to the Acting Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. Atlantic Wood Industries, et al., Civil Action No. 2:19– cv–00109, DOJ # 90–11–3–580/1. All comments must be submitted no later than 30 days after the publication date PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 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, D.C. 20044–7611. By mail ......... During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department website: https:// www.justice.gov/enrd/consent-decrees. 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 $ 31.50 (25 cents per page reproduction cost) payable to the United States Treasury. For a paper copy without the exhibits, the cost is $22.50. Jeffrey Sands, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2019–04606 Filed 3–12–19; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act On March 8, 2019, the Department of Justice lodged a proposed consent decree with the United States District Court for the Eastern District of Missouri in the lawsuit entitled United States v. Missouri Department of Natural Resources, Division of State Parks, et al., Civil Action No. 4:19–cv–00421. The United States filed this lawsuit under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The United States’ complaint names as the Defendants the Missouri Department of Natural Resources, Division of State Parks and its director, Ben Ellis, in his official capacity. The complaint seeks recovery of costs that the United States incurred responding to releases of hazardous substances at the Big River Mine Tailings Superfund Site in St. Francois County, Missouri. The complaint also seeks injunctive relief in the form of the performance of the E:\FR\FM\13MRN1.SGM 13MRN1 Federal Register / Vol. 84, No. 49 / Wednesday, March 13, 2019 / Notices selected remedy for Operable Unit 01 of the Site. The Consent Decree requires the Defendants to perform the remedy on 98 affected residential properties and to pay $65,000 of the United States’ response costs. In return for the Defendants’ commitments, the United States agrees not to sue the Defendants under sections 106 and 107 of CERCLA. 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. Missouri Department of Natural Resources, Division of State Parks, et al., D.J. Ref. No. 90–11–3– 09306/6. 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 website: https:// www.justice.gov/enrd/consent-decrees. 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 $8.50 (25 cents per page reproduction cost) payable to the United States Treasury. Susan M. Akers, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2019–04635 Filed 3–12–19; 8:45 am] amozie on DSK9F9SC42PROD with NOTICES BILLING CODE 4410–15–P VerDate Sep<11>2014 17:45 Mar 12, 2019 Jkt 247001 permitting electronic submission of responses. DEPARTMENT OF JUSTICE [OMB Number 1110–0004] Agency Information Collection Activities; Proposed eCollection; eComments requested; Revision of a Currently Approved Collection; Number of Full-time Law Enforcement Employees as of October 31 Federal Bureau of Investigation, Department of Justice. ACTION: 60-Day notice. AGENCY: The Department of Justice (DOJ), Federal Bureau of Investigation (FBI), Criminal Justice Information Services Division (CJIS), 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. DATES: Comments are encouraged and will be accepted for 60 days until May 13, 2019. FOR FURTHER INFORMATION CONTACT: All comments, suggestions, or questions regarding additional information, to include obtaining a copy of the proposed information collection instrument with instructions, should be directed to Ms. Amy C. Blasher, Unit Chief, Federal Bureau of Investigation, Criminal Information Services Division, Module E–3, 1000 Custer Hollow Road, Clarksburg, West Virginia 26306; facsimile (304) 625–3566. SUPPLEMENTARY INFORMATION: 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 agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Evaluate whether and if so how the quality, utility, and clarity of the information to be collected can be enhanced; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., SUMMARY: PO 00000 Frm 00066 Fmt 4703 Sfmt 9990 9139 Overview of This Information Collection 1. Type of Information Collection: Revision of a currently approved collection. 2. The Title of the Form/Collection: Number of Full-time Law Enforcement Employees as of October 31. 3. The agency form number, if any, and the applicable component of the Department sponsoring the collection: The form number is: 1–711. The applicable component within the Department of Justice is the Criminal Justice Information Services Division, in the Federal Bureau of Investigation. 4. Affected public who will be asked or required to respond, as well as a brief abstract: Primary: City, county, state, tribal and federal law enforcement agencies. Abstract: Under Title 28, U.S. Code, Section 534, Acquisition, Preservation, and Exchange of Identification Records; and Appointment of Officials, 1930, this collection requests the number of full and part-time law enforcement employees by race/ethnicity for both officers and civilians, from city, county, state, tribal, and federal law enforcement agencies in order for the FBI UCR Program to serve as the national clearinghouse for the collection and dissemination of police employee data and to publish these statistics in Crime in the United States. 5. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: There are approximately 18,482 law enforcement agency respondents that submit once a year for a total of 18,482 responses with an estimated response time of 8 minutes per response. 6. An estimate of the total public burden (in hours) associated with the collection: There are approximately 2,464 hours, annual burden, associated with this information collection. If additional information is required contact: Melody Braswell, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE, 3E.405A, Washington, DC 20530. Dated: March 7, 2019. Melody Braswell, Department Clearance Officer for PRA, U.S. Department of Justice. [FR Doc. 2019–04512 Filed 3–12–19; 8:45 am] BILLING CODE 4410–02–P E:\FR\FM\13MRN1.SGM 13MRN1

Agencies

[Federal Register Volume 84, Number 49 (Wednesday, March 13, 2019)]
[Notices]
[Pages 9138-9139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04635]


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DEPARTMENT OF JUSTICE


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

    On March 8, 2019, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Eastern 
District of Missouri in the lawsuit entitled United States v. Missouri 
Department of Natural Resources, Division of State Parks, et al., Civil 
Action No. 4:19-cv-00421.
    The United States filed this lawsuit under the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA). The 
United States' complaint names as the Defendants the Missouri 
Department of Natural Resources, Division of State Parks and its 
director, Ben Ellis, in his official capacity. The complaint seeks 
recovery of costs that the United States incurred responding to 
releases of hazardous substances at the Big River Mine Tailings 
Superfund Site in St. Francois County, Missouri. The complaint also 
seeks injunctive relief in the form of the performance of the

[[Page 9139]]

selected remedy for Operable Unit 01 of the Site.
    The Consent Decree requires the Defendants to perform the remedy on 
98 affected residential properties and to pay $65,000 of the United 
States' response costs. In return for the Defendants' commitments, the 
United States agrees not to sue the Defendants under sections 106 and 
107 of CERCLA.
    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. Missouri Department of Natural 
Resources, Division of State Parks, et al., D.J. Ref. No. 90-11-3-
09306/6. 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.
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 may be 
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. 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 $8.50 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2019-04635 Filed 3-12-19; 8:45 am]
 BILLING CODE 4410-15-P