Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as Amended, 51178 [2019-20966]

Download as PDF 51178 Federal Register / Vol. 84, No. 188 / Friday, September 27, 2019 / Notices jbell on DSK3GLQ082PROD with NOTICES portions thereof) containing CBI, available for inspection by interested parties. In his request letter, the USTR stated that his office intends to make the Commission’s report available to the public in its entirety, and asked that the Commission not include any CBI in the report that it delivers to the USTR. The Commission will not include any of the CBI submitted in the course of this investigation in the report it sends to the USTR. However, all information, including CBI, submitted in this investigation may be disclosed to and used (i) by the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission, including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel for cybersecurity purposes. The Commission will not otherwise disclose any CBI in a manner that would reveal the operations of the firm supplying the information. Summaries of Written Submissions: The Commission intends to publish any summaries of written submissions filed by interested persons. Persons wishing to have a summary of their submission included in the report should include a summary with their written submission, titled ‘‘Public Summary,’’ and should mark the summary as having been provided for that purpose. The summary may not exceed 500 words, should be in MSWord format or a format that can be easily converted to MSWord, and should not include any CBI. The summary will be published as provided if it meets these requirements and is germane to the subject matter of the investigation. The Commission will identify the name of the organization furnishing the summary and will include a link to the Commission’s Electronic Document Information System (EDIS) where the full written submission can be found. By order of the Commission. Issued: September 23, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–20959 Filed 9–26–19; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 18:29 Sep 26, 2019 Jkt 247001 DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as Amended On September 19, 2019, the United States of America (‘‘United States’’), through attorneys for the Department of Justice, and the Commonwealth of Pennsylvania, Department of Environmental Protection (‘‘PADEP’’), lodged a proposed Consent Decree with the United States District Court for the Middle District of Pennsylvania in the lawsuit entitled United States et al. v. Foster Wheeler Energy Corporation, Civil Action No. 3:19–cv–01620–UN4. In their Complaint, also filed on September 19, 2019, pursuant to Sections 106, 107(a), and 113(g) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (‘‘CERCLA’’), 42 U.S.C. 9606, 9607(a), and 9613(g), and pursuant to Sections 507 and 1103 of the Hazardous Sites Cleanup Act, Act of October 18, 1988, Public Law 756, 35 P.S. §§ 6020.507 and 6020.1103 (‘‘HSCA’’), the United States and PADEP (‘‘Plaintiffs’’) allege that Defendant Foster Wheeler Energy Corporation (‘‘FWEC’’) is liable for cleanup costs incurred and to be incurred by the United States and PADEP in connection with the cleanup of the Foster Wheeler Energy Corporation/Church Road TCE Superfund Alternative Site (‘‘Site’’) in Mountain Top, Luzerne County, Pennsylvania. The Site includes a former industrial site used to manufacture and fabricate large pressure vessels that was formerly owned and operated by FWEC (the ‘‘Former FWEC Facility’’). The Site also includes any areas at which hazardous substances released at or from this facility have come to be located, including an area of groundwater contamination located south and southwest of the Former FWEC Facility and encompassing approximately 295 acres of mixed land use (mainly residential), which extends from east to west along Church Road and Watering Run, and eight surrounding industrial properties located immediately south and west of the Former FWEC Facility. The proposed Consent Decree resolves all allegations asserted in the Plaintiffs’ Complaint and provides for FWEC to pay to the United States Environmental Protection Agency (‘‘EPA’’) $950,000.00 in past response costs incurred with respect to the Site, and to pay to PADEP $56,051.21 in past state response costs incurred with PO 00000 Frm 00072 Fmt 4703 Sfmt 9990 respect to the Site. These payments are due within thirty (30) days after the Consent Decree becomes effective as a judgment, if it is entered by the Court. The proposed Consent Decree also requires FWEC to pay the United States’ and PADEP’s future response costs and to perform the Interim Remedy selected in EPA’s Interim Record of Decision for the Site. In exchange, FWEC receives from both Plaintiffs covenants not to sue for the interim remedial work performed and payment of past and future federal and state response costs, subject to certain reservations and limitations. The publication of this notice opens a federal 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 et al. v. Foster Wheeler Energy Corporation, D.J. Ref. No. 90–11– 3–12044. All comments must be submitted no later than 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 $39.50 (0.25 cents per page reproduction cost) payable to the United States Treasury for a copy of the full Consent Decree with appendices. For a paper copy without the appendices, the cost is $12.00. Jeffrey Sands, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2019–20966 Filed 9–26–19; 8:45 am] BILLING CODE 4410–15–P E:\FR\FM\27SEN1.SGM 27SEN1

Agencies

[Federal Register Volume 84, Number 188 (Friday, September 27, 2019)]
[Notices]
[Page 51178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20966]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980, as Amended

    On September 19, 2019, the United States of America (``United 
States''), through attorneys for the Department of Justice, and the 
Commonwealth of Pennsylvania, Department of Environmental Protection 
(``PADEP''), lodged a proposed Consent Decree with the United States 
District Court for the Middle District of Pennsylvania in the lawsuit 
entitled United States et al. v. Foster Wheeler Energy Corporation, 
Civil Action No. 3:19-cv-01620-UN4.
    In their Complaint, also filed on September 19, 2019, pursuant to 
Sections 106, 107(a), and 113(g) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980, as amended 
(``CERCLA''), 42 U.S.C. 9606, 9607(a), and 9613(g), and pursuant to 
Sections 507 and 1103 of the Hazardous Sites Cleanup Act, Act of 
October 18, 1988, Public Law 756, 35 P.S. Sec. Sec.  6020.507 and 
6020.1103 (``HSCA''), the United States and PADEP (``Plaintiffs'') 
allege that Defendant Foster Wheeler Energy Corporation (``FWEC'') is 
liable for cleanup costs incurred and to be incurred by the United 
States and PADEP in connection with the cleanup of the Foster Wheeler 
Energy Corporation/Church Road TCE Superfund Alternative Site 
(``Site'') in Mountain Top, Luzerne County, Pennsylvania. The Site 
includes a former industrial site used to manufacture and fabricate 
large pressure vessels that was formerly owned and operated by FWEC 
(the ``Former FWEC Facility''). The Site also includes any areas at 
which hazardous substances released at or from this facility have come 
to be located, including an area of groundwater contamination located 
south and southwest of the Former FWEC Facility and encompassing 
approximately 295 acres of mixed land use (mainly residential), which 
extends from east to west along Church Road and Watering Run, and eight 
surrounding industrial properties located immediately south and west of 
the Former FWEC Facility.
    The proposed Consent Decree resolves all allegations asserted in 
the Plaintiffs' Complaint and provides for FWEC to pay to the United 
States Environmental Protection Agency (``EPA'') $950,000.00 in past 
response costs incurred with respect to the Site, and to pay to PADEP 
$56,051.21 in past state response costs incurred with respect to the 
Site. These payments are due within thirty (30) days after the Consent 
Decree becomes effective as a judgment, if it is entered by the Court. 
The proposed Consent Decree also requires FWEC to pay the United 
States' and PADEP's future response costs and to perform the Interim 
Remedy selected in EPA's Interim Record of Decision for the Site. In 
exchange, FWEC receives from both Plaintiffs covenants not to sue for 
the interim remedial work performed and payment of past and future 
federal and state response costs, subject to certain reservations and 
limitations.
    The publication of this notice opens a federal 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 et al. v. Foster Wheeler Energy 
Corporation, D.J. Ref. No. 90-11-3-12044. All comments must be 
submitted no later than 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............................  [email protected].
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 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 $39.50 (0.25 cents per 
page reproduction cost) payable to the United States Treasury for a 
copy of the full Consent Decree with appendices. For a paper copy 
without the appendices, the cost is $12.00.

Jeffrey Sands,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2019-20966 Filed 9-26-19; 8:45 am]
 BILLING CODE 4410-15-P


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