Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as Amended, 51178 [2019-20966]
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Federal Register / Vol. 84, No. 188 / Friday, September 27, 2019 / Notices
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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]
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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. §§ 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
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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]
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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