Notice of Lodging of Proposed Second Amendment To Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act and the Resource Conservation and Recovery Act, 55987-55988 [2019-22739]

Download as PDF Federal Register / Vol. 84, No. 202 / Friday, October 18, 2019 / Notices investigation based on a stipulated consent order and entry of a consent order. Order No. 65 (July 10, 2019), not reviewed, Notice (July 23, 2019). On August 12, 2019, the ALJ issued the subject ID granting Respondents’ motion for summary determination that Walbro failed to satisfy the economic prong of the domestic industry requirement. See ID. On August 22, 2019, Walbro filed a petition for review of the ID. On August 29, 2019, Respondents and OUII both filed responses to Walbro’s petition for review. The Commission has determined to review the subject ID in part. First, the Commission notes that Walbro’s petition states that it no longer asserts the ’547 patent in this investigation; and Walbro has abandoned its claim of a domestic industry with respect to the ’547 patent by failing to seek Commission review. See Walbro petition at 1; see also 19 CFR 210.43(b)(2). Second, the Commission affirms the ID’s finding that respondents are entitled to summary determination that Walbro failed to satisfy the domestic industry requirement. However, the Commission declines to adopt certain statements on pages 4, 5, and 6 in the ID that could be misinterpreted as applying a minimum threshold and as inconsistent with the flexible approach to domestic industry analysis. The investigation is terminated. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: October 11, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–22755 Filed 10–17–19; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Second Amendment To Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act and the Resource Conservation and Recovery Act On October 10, 2019, the Department of Justice and the State of California on behalf of the California Department of Toxic Substances Control and Toxic Substances Control Account (‘‘DTSC’’) lodged a proposed amendment VerDate Sep<11>2014 16:37 Oct 17, 2019 Jkt 250001 (‘‘Amendment 2’’) to a Consent Decree with the United States District Court for the Central District of California (‘‘Court’’) in the matter of United States of America and State of California on behalf of the Department of Toxic Substances Control and Toxic Substances Control Account vs. Abex Aerospace et al., Civil Action No. 2:16– cv–02696 (C.D. Cal.). This Amendment 2 amends Appendices D, E, and F of the Consent Decree previously approved by the Court on March 31, 2017 (for which the Court also approved an amendment on April 5, 2018, ‘‘Amendment 1’’); that Consent Decree pertains to environmental contamination at Operable Unit 2 (‘‘OU2’’) of the Omega Chemical Corporation Superfund Site (Site) in Los Angeles County, California. Amendment 2 is for the purpose of adding additional settling parties to the Consent Decree, and follows the mechanisms that the previously approved Consent Decree sets forth for adding additional settlors. The Consent Decree resolves certain claims under Sections 106 and 107 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9606, 9607, and Section 7003 of the Resource Conservation and Recovery Act, 42 U.S.C. 6973, as well as related state law claims, in connection with environmental contamination at OU2. Amendment 2 does the following: (a) Adds the following parties, each of which has owned or operated a facility within the commingled OU2 groundwater plume area, as Settling Cash Defendants: • Exxon Mobil Oil Corporation, together with related entities Mobil Foundation Inc.; General Petroleum Corporation; and Mobil Oil Corporation; and • Continental Heat Treating Inc., together with related entities Tower Industries, Inc.; Continental Development Co., L.P.; James Stull, an individual; Metallurgical Group, Inc. (formerly Smith Heat Treating, Inc.); 10643 Norwalk, LLC; The Anna A. Hathaway Revocable Trust; The Estate of Anna A. Hathaway; J Benjamin Hathaway; James G. Stull Living Trust; and James C. Stull Irrevocable Trust. These parties are ‘‘Certain Noticed Parties’’ within the meaning of Paragraph 75 and Appendix G of the Consent Decree. (b) Moves the following parties who were previously denoted as Settling Work Defendants in Appendix E of the Consent Decree to the category of Settling Cash Defendants in Appendix D of the Consent Decree: Alpha Therapeutic Corporation; American Standard, Inc.; Arlon Products Inc.; PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 55987 Astro Aluminum Treating Co. Inc.; Atlantic Richfield; BP Amoco Chemical Company; Gulfstream Aerospace Corporation; Hitachi Home Electronics; Howmet Aluminum Casting, Inc.; Johns Manville Celite Corporation; Kimberly Clark Worldwide Inc., Fullerton Mill; Kinder Morgan Liquids Terminals LLC; Luxfer USA Limited by British Alcan Aluminum plc; Metropolitan Water District of Southern California; NBC/ Universal City Studios; Pacific Bell Telephone Company; Pfizer Inc.; Scripto-Tokai Corporation; Sempra Energy Solutions; Signet Armorlite, Inc.; Sonoco Products Company; Texaco Inc.; Texas Instruments Incorporated; The Sherwin-Williams Company; Union Oil of California; Weber Aircraft Corporation; and Yort, Inc. This is the process described in Paragraph 79 of the Consent Decree. (c) Adds as Settling Cash Defendants two parties that had previously resolved their liability associated with the Omega Chemical Corporation facility: KennedyWilson Properties and Radiant Technologies. This Amendment 2 requires the additional settling parties in category (a) to pay $4,700,000 into Qualified Settlement Funds, as provided for in Paragraph 27(a) of the Consent Decree. The parties in category (b) are preexisting settling parties under this Consent Decree, and their movement from the Settling Work Defendants to Settling Cash Defendants category does not require them to pay money to the United States and DTSC. The parties in category (c) are parties that have previously resolved their liability within the group of generators at the Omega Chemical Corporation facility, and are not required to pay money to the United States and DTSC. 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 of America and State of California on behalf of the Department of Toxic Substances Control and Toxic Substances Control Account vs. Abex Aerospace et al., D.J. Ref. No. 90–11–3– 06529/10. 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 e-mail ...... pubcomment-ees.enrd@ usdoj.gov. E:\FR\FM\18OCN1.SGM 18OCN1 55988 Federal Register / Vol. 84, No. 202 / Friday, October 18, 2019 / Notices DEPARTMENT OF JUSTICE To submit comments: Send them to: By mail ......... Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. Office of Justice Programs As provided by RCRA, a public meeting will be held on the proposed settlement if requested in writing by fifteen (15) days after the publication date of this notice. Requests for a public meeting may be made by contacting the EPA Remedial Project Manager for OU2, Julie Sullivan, by email at sullivan.julie@epa.gov. If a public meeting is requested, information about the date and time of the meeting will be published in the local newspaper, The Whittier Daily, and will be sent to persons on the EPA Omega Superfund Site mailing list. During the public comment period, the lodged proposed Amendment 2 and the previously approved Consent Decree may be examined and downloaded at this Justice Department website: https:// www.usdoj.gov/enrd/consent-decrees. We will provide a paper copy of the Consent Decree and the proposed 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 $90.25 (25 cents per page reproduction cost) payable to the United States Treasury, for a paper copy of the initial Consent Decree, the previous Amendment 1, and the proposed Amendment 2. For a paper copy of the initial Consent Decree, the previous Amendment 1, and the proposed Amendment 2 without the appendices and signature pages to the initial Consent Decree, the cost is $25.25. For a paper copy of Amendment 2 only (without the initial Consent Decree or Amendment 1), together with its signature pages, the cost is $2.00. Henry S. Friedman, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2019–22739 Filed 10–17–19; 8:45 am] BILLING CODE 4410–15–P VerDate Sep<11>2014 16:37 Oct 17, 2019 Jkt 250001 [OJP (NIJ) Docket No. 1768] Roadside Impairment Detection and Field Sobriety Testing Technologies Market Survey National Institute of Justice (NIJ), Justice. ACTION: Notice of request for information. AGENCY: The National Institute of Justice (NIJ) is soliciting information for use in an upcoming Criminal Justice Testing and Evaluation Consortium (CJTEC) report tentatively titled, ‘‘A Landscape Report of Roadside Impairment Detection and Field Sobriety Testing Technologies.’’ The report will identify technologies that are commercially available or near-market technologies to determine impairment of an individual in a field setting. This document will assist law enforcement agencies in making informed decisions for purchasing impairment technologies to determine whether an individual is driving while impaired or under the influence of drugs. DATES: Emailed responses must be received (and mailed responses postmarked) by 5:00 p.m. Eastern Time on December 2, 2019. ADDRESSES: Responses to this request may be submitted electronically by email to Marjorie Baldi at mbaldi@ rti.org with the subject line ‘‘Impairment Detection Technologies Federal Register Response.’’ Responses may also be sent by mail to the following address: Criminal Justice Testing and Evaluation Consortium (CJTEC), ATTN: Marjorie Baldi, Impairment Detection Technologies Federal Register Response, RTI International, P.O. Box 12194, 3040 E Cornwallis Road, Research Triangle Park, NC 27709–2194. FOR FURTHER INFORMATION CONTACT: For more information on this market survey, please contact Rebecca Shute (CJTEC) by telephone at 919–248–4218 or rshute@rti.org. For more information on the NIJ CJTEC, visit https://nij.ojp.gov/ funding/awards/2018-75-cx-k003 and view the description, or contact Steven Schuetz (NIJ) by telephone at 202–514– 7663 or at steven.schuetz@usdoj.gov. Please note that these are not toll-free telephone numbers. SUPPLEMENTARY INFORMATION: Information sought: Specific product and company information for: (1) Technologies that can help law enforcement officers determine that a certain level of intoxicant is present in SUMMARY: PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 an individual’s system at a specific cutoff concentration, and (2) technologies that help law enforcement officers establish whether an individual is impaired, including eye tracking technologies, physical coordination sensors and apps, and mental agility apps. An independent response should be submitted for each product that respondents would like CJTEC to consider in their landscape report. NIJ encourages respondents to provide information in common file formats, such as Microsoft Word, pdf, or plain text. Each response should include contact information. Usage: Information provided in response to this request may be published in the upcoming landscape report, ‘‘A Landscape Study of Roadside Impairment Detection and Field Sobriety Testing Technologies.’’ Information categories: Comments are invited with regard to the market survey, including which categories of information are appropriate for comparison, as well as promotional material (e.g., slick sheet) and printquality photographs of the technology. At a minimum, CJTEC intends to include the following categories of information for each technology that may be of use to law enforcement officials: 1. Vendor Information a. Full name of company b. Contact information for technical contact for products c. Website URL d. Years the company has been in business e. Number and types of customers served (e.g., municipal, county, or state agencies) f. Location where the technologies are manufactured, assembled, refurbished g. Picture or photograph of product h. Vendor logo 2. Product Information a. Device Category i. Technologies that determine that a certain level of intoxicant is present in an individual’s system at a specific cutoff concentration (this includes products that detect the presence of drugs in breath, oral fluid, sweat or other matrices) ii. Technologies that establish whether an individual is impaired, including eye tracking technologies, physical coordination sensors and apps, and mental agility apps. b. Physical Information i. Dimensions (in inches) ii. Weight (in pounds) iii. Primary materials used to construct the product E:\FR\FM\18OCN1.SGM 18OCN1

Agencies

[Federal Register Volume 84, Number 202 (Friday, October 18, 2019)]
[Notices]
[Pages 55987-55988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22739]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Second Amendment To Consent Decree 
Under the Comprehensive Environmental Response, Compensation, and 
Liability Act and the Resource Conservation and Recovery Act

    On October 10, 2019, the Department of Justice and the State of 
California on behalf of the California Department of Toxic Substances 
Control and Toxic Substances Control Account (``DTSC'') lodged a 
proposed amendment (``Amendment 2'') to a Consent Decree with the 
United States District Court for the Central District of California 
(``Court'') in the matter of United States of America and State of 
California on behalf of the Department of Toxic Substances Control and 
Toxic Substances Control Account vs. Abex Aerospace et al., Civil 
Action No. 2:16-cv-02696 (C.D. Cal.). This Amendment 2 amends 
Appendices D, E, and F of the Consent Decree previously approved by the 
Court on March 31, 2017 (for which the Court also approved an amendment 
on April 5, 2018, ``Amendment 1''); that Consent Decree pertains to 
environmental contamination at Operable Unit 2 (``OU2'') of the Omega 
Chemical Corporation Superfund Site (Site) in Los Angeles County, 
California. Amendment 2 is for the purpose of adding additional 
settling parties to the Consent Decree, and follows the mechanisms that 
the previously approved Consent Decree sets forth for adding additional 
settlors.
    The Consent Decree resolves certain claims under Sections 106 and 
107 of the Comprehensive Environmental Response, Compensation, and 
Liability Act, 42 U.S.C. 9606, 9607, and Section 7003 of the Resource 
Conservation and Recovery Act, 42 U.S.C. 6973, as well as related state 
law claims, in connection with environmental contamination at OU2. 
Amendment 2 does the following:
    (a) Adds the following parties, each of which has owned or operated 
a facility within the commingled OU2 groundwater plume area, as 
Settling Cash Defendants:
     Exxon Mobil Oil Corporation, together with related 
entities Mobil Foundation Inc.; General Petroleum Corporation; and 
Mobil Oil Corporation; and
     Continental Heat Treating Inc., together with related 
entities Tower Industries, Inc.; Continental Development Co., L.P.; 
James Stull, an individual; Metallurgical Group, Inc. (formerly Smith 
Heat Treating, Inc.); 10643 Norwalk, LLC; The Anna A. Hathaway 
Revocable Trust; The Estate of Anna A. Hathaway; J Benjamin Hathaway; 
James G. Stull Living Trust; and James C. Stull Irrevocable Trust.
    These parties are ``Certain Noticed Parties'' within the meaning of 
Paragraph 75 and Appendix G of the Consent Decree.
    (b) Moves the following parties who were previously denoted as 
Settling Work Defendants in Appendix E of the Consent Decree to the 
category of Settling Cash Defendants in Appendix D of the Consent 
Decree: Alpha Therapeutic Corporation; American Standard, Inc.; Arlon 
Products Inc.; Astro Aluminum Treating Co. Inc.; Atlantic Richfield; BP 
Amoco Chemical Company; Gulfstream Aerospace Corporation; Hitachi Home 
Electronics; Howmet Aluminum Casting, Inc.; Johns Manville Celite 
Corporation; Kimberly Clark Worldwide Inc., Fullerton Mill; Kinder 
Morgan Liquids Terminals LLC; Luxfer USA Limited by British Alcan 
Aluminum plc; Metropolitan Water District of Southern California; NBC/
Universal City Studios; Pacific Bell Telephone Company; Pfizer Inc.; 
Scripto-Tokai Corporation; Sempra Energy Solutions; Signet Armorlite, 
Inc.; Sonoco Products Company; Texaco Inc.; Texas Instruments 
Incorporated; The Sherwin-Williams Company; Union Oil of California; 
Weber Aircraft Corporation; and Yort, Inc. This is the process 
described in Paragraph 79 of the Consent Decree.
    (c) Adds as Settling Cash Defendants two parties that had 
previously resolved their liability associated with the Omega Chemical 
Corporation facility: Kennedy-Wilson Properties and Radiant 
Technologies.
    This Amendment 2 requires the additional settling parties in 
category (a) to pay $4,700,000 into Qualified Settlement Funds, as 
provided for in Paragraph 27(a) of the Consent Decree. The parties in 
category (b) are pre-existing settling parties under this Consent 
Decree, and their movement from the Settling Work Defendants to 
Settling Cash Defendants category does not require them to pay money to 
the United States and DTSC. The parties in category (c) are parties 
that have previously resolved their liability within the group of 
generators at the Omega Chemical Corporation facility, and are not 
required to pay money to the United States and DTSC.
    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 of America and State of California on 
behalf of the Department of Toxic Substances Control and Toxic 
Substances Control Account vs. Abex Aerospace et al., D.J. Ref. No. 90-
11-3-06529/10. 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 e-mail...........................  [email protected].

[[Page 55988]]

 
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
------------------------------------------------------------------------

    As provided by RCRA, a public meeting will be held on the proposed 
settlement if requested in writing by fifteen (15) days after the 
publication date of this notice. Requests for a public meeting may be 
made by contacting the EPA Remedial Project Manager for OU2, Julie 
Sullivan, by email at [email protected]. If a public meeting is 
requested, information about the date and time of the meeting will be 
published in the local newspaper, The Whittier Daily, and will be sent 
to persons on the EPA Omega Superfund Site mailing list.
    During the public comment period, the lodged proposed Amendment 2 
and the previously approved Consent Decree may be examined and 
downloaded at this Justice Department website: https://www.usdoj.gov/enrd/consent-decrees.
    We will provide a paper copy of the Consent Decree and the proposed 
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 $90.25 (25 cents per page 
reproduction cost) payable to the United States Treasury, for a paper 
copy of the initial Consent Decree, the previous Amendment 1, and the 
proposed Amendment 2. For a paper copy of the initial Consent Decree, 
the previous Amendment 1, and the proposed Amendment 2 without the 
appendices and signature pages to the initial Consent Decree, the cost 
is $25.25. For a paper copy of Amendment 2 only (without the initial 
Consent Decree or Amendment 1), together with its signature pages, the 
cost is $2.00.

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2019-22739 Filed 10-17-19; 8:45 am]
 BILLING CODE 4410-15-P
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