Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act and Request for Comments on Draft Restoration Plans and Environmental Assessments, 9807-9808 [2020-03287]

Download as PDF Federal Register / Vol. 85, No. 34 / Thursday, February 20, 2020 / Notices on behalf of The Doe Run Company, a former Missouri general partnership). Under CERCLA, federal and state natural resource trustees have authority to seek compensation for natural resources harmed by hazardous substances released to the environment from historic lead mining, milling, and smelting operations in the Viburnum Trend and at the Herculaneum Lead Smelter. The natural resource trustees here include the U.S. Department of the Interior, acting through the U.S. Fish Henry Friedman, and Wildlife Service, the U.S. Assistant Section Chief, Environmental Department of Agriculture, acting Enforcement Section, Environment and through the U.S. Forest Service, and the Natural Resources Division. State of Missouri, Department of Natural [FR Doc. 2020–03292 Filed 2–19–20; 8:45 am] Resources (the ‘‘Trustees’’). Under the Proposed Consent Decree, BILLING CODE 4410–15–P Doe Run will perform natural resource restoration work in accordance with the DEPARTMENT OF JUSTICE RP/EAs on approximately 2,080 acres of land and 10 miles of streams, and will Notice of Lodging of Proposed donate approximately 1,100 acres of Consent Decree Under the ecologically significant property, in Comprehensive Environmental addition to reimbursing certain future Response, Compensation, and Liability restoration and implementation costs of Act and Request for Comments on the Trustees. Homestake will pay a total Draft Restoration Plans and of $1.9 million to the Trustees for past Environmental Assessments assessment costs and future restoration and implementation costs and will On February 11, 2020, the Department provide funding and financial assurance of Justice lodged a proposed Consent for a portion of Doe Run’s restoration Decree and two draft Restoration Plan measures. The United States will grant and Environmental Assessments (‘‘RP/ a covenant not to sue or to take EAs’’) with the United States District administrative action against the Court for the Eastern District of Missouri Settling Defendants for NRD pursuant to in the lawsuit entitled United States and Section 107(a) of CERCLA, 42 U.S.C. State of Missouri v. The Doe Run 9607(a), and Section 311 of the Clean Resources Corporation, et al., Civil Water Act, 33 U.S.C. 1321. Action No. 4:20–cv–00234. The RP/EAs present the restoration The United States and State of projects proposed by the Trustees to Missouri asserted claims in this case restore natural resources injured by under Section 107 of the hazardous substances released in and Comprehensive Environmental around the Viburnum Trend and the Response, Compensation and Liability Herculaneum Lead Smelter. Consistent Act (CERCLA), 42 U.S.C. 9607, and with the natural resource damages Section 644.096, Rev. Stat. Mo., of the assessment and restoration (‘‘NRDAR’’) Missouri Clean Water Law, seeking to regulations, 43 CFR part 11, and the recover natural resource damages (NRD) National Environmental Policy Act of in response to releases of hazardous 1969 (‘‘NEPA’’), as amended, 42 U.S.C. substances resulting from historic lead 4321–4347 et seq., and its implementing mining, milling, and smelting regulations at 40 CFR parts 1500–1508, operations at eleven facilities located in the Trustees evaluated a suite of the Viburnum Trend, a portion of the alternatives in each RP/EA for Southeast Missouri Lead Mining conducting the type and scale of District, and at the Herculaneum Lead restoration sufficient to compensate the Smelter in Jefferson County, Missouri. public for natural resource injuries and The proposed Consent Decree resolves service losses. Based on selection factors these claims against The Doe Run including location, technical feasibility, Resources Corporation (‘‘Doe Run’’) (in cost effectiveness, provision of natural its own capacity and on behalf of The resource services similar to those lost Doe Run Company, a former Missouri due to contamination, and net general partnership, St. Joe Minerals environmental consequences, the Company, and St. Joseph Lead Trustees identified a preferred Company), the Buick Resource alternative in each RP/EA. The preferred alternative for the Recycling Facility, LLC, and Homestake Viburnum Trend includes restoration of Lead Company of Missouri injured stream reaches, enhanced (‘‘Homestake’’) (in its own capacity and lotter on DSKBCFDHB2PROD with NOTICES 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 $7.75 (25 cents per page reproduction cost) payable to the United States Treasury. VerDate Sep<11>2014 19:48 Feb 19, 2020 Jkt 250001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 9807 closure of areas impacted by tailings impoundments, restoration and revegetation of injured soils, and the transfer and protection of ecologically significant property to the Trustees or their designees. The preferred alternative for the Herculaneum Lead Smelter calls for the transfer and protection of ecologically significant property to the Trustees or their designees. The publication of this notice opens a period for public comment on the Consent Decree and the RP/EAs. Comments on the Consent Decree should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States and State of Missouri v. The Doe Run Resources Corporation, et al., D.J. Ref. No. 90–11– 3–10845/1. All comments must be submitted no later than forty-five (45) 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 $47.50 (25 cents per page reproduction cost) payable to the United States Treasury. For a paper copy of the Consent Decree without the exhibits and signature pages, the cost is $12.00. For a paper copy of the RP/EAs only, the cost is $17.00. Comments on the RP/EA should be addressed to Dave Mosby, and reference ‘‘Viburnum Trend and Herculaneum RP/EAs’’ in the subject line. All comments on the RP/EAs must be submitted no later than forty-five (45) days after the publication date of this notice. Comments may be submitted either by email or by mail: E:\FR\FM\20FEN1.SGM 20FEN1 9808 Federal Register / Vol. 85, No. 34 / Thursday, February 20, 2020 / Notices To submit comments: Send them to: By email ....... By mail ......... Dave_Mosby@fws.gov. Dave Mosby, U.S. Fish and Wildlife Service, 101 Park DeVille Dr., Suite A, Columbia, MO 65203. During the public comment period, the RP/EAs may be examined and downloaded at this U.S. Fish and Wildlife Service Midwest Region Natural Resource Damage Assessment website: https://www.fws.gov/midwest/ es/ec/nrda/SEMONRDA/index.html. As described above, a paper copy of the RP/ EAs may obtained from the Department of Justice as part of, or separately from, the Consent Decree upon written request and payment of reproduction costs. Susan M. Akers, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2020–03287 Filed 2–19–20; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE [OMB Number—NEW] Agency Information Collection Activities; Proposed eCollection eComments Requested; Approval of a New Collection; Public Benefit Conveyance Program Guidance and Application Bureau of Justice Assistance, Department of Justice. ACTION: 60-Day notice. AGENCY: The Department of Justice, Bureau of Justice Assistance, is 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 April 20, 2020. FOR FURTHER INFORMATION CONTACT: If you have additional 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 Michelle Martin, Director of Communications, Bureau of Justice Assistance, 810 Seventh Street NW, Washington, DC 20531 (phone: 202– 514–9354). SUPPLEMENTARY INFORMATION: Written comments and suggestions from the lotter on DSKBCFDHB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:48 Feb 19, 2020 Jkt 250001 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 Bureau of Justice Assistance, 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., permitting electronic submission of responses. Overview of this information collection: 1. Type of Information Collection: Approval of a new collection. 2. The Title of the Form/Collection: Public Benefit Conveyance Program Guidance and Application. 3. The agency form number, if any, and the applicable component of the Department sponsoring the collection: None. 4. Affected public who will be asked or required to respond, as well as a brief abstract: Primary: The following entities are eligible to apply: The 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and the Northern Mariana Islands or political subdivisions or instrumentalities of states that propose to use the subject property for law enforcement and/or correctional facility purposes. Abstract: The General Services Administration (GSA) promotes the effective use of federal real property assets, as well as the disposal of real property that is no longer mission critical to federal agencies. Through the Public Benefit Conveyance Program, surplus federal land and buildings are conveyed to public entities at no cost, pursuant to 40 U.S.C. 541, et seq., and applicable regulations. Eligible applicants must propose to use the subject property for law enforcement and/or correctional facility purposes. PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 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 no more than 5 applications are received annually. Each application takes approximately 120 minutes to complete and is submitted once. 6. An estimate of the total public burden associated with the collection: The total burden to complete the application is approximately 120 minutes. 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: February 13, 2020. Melody Braswell, Department Clearance Officer for PRA, U.S. Department of Justice. [FR Doc. 2020–03307 Filed 2–19–20; 8:45 am] BILLING CODE 4410–CW–P DEPARTMENT OF JUSTICE Office of Justice Programs [OJP (OJP) Docket No. 1775] Meeting of the Global Justice Information Sharing Initiative Federal Advisory Committee Office of Justice Programs (OJP), Justice. ACTION: Notice of meeting. AGENCY: This is an announcement of a meeting of the Global Justice Information Sharing Initiative (Global) Federal Advisory Committee (GAC) to discuss the Global Initiative, as described at www.it.ojp.gov/global. This meeting will provide an update on existing projects as well as a look forward into potential activities for the FY20 Fiscal Year. DATES: The meeting will take place on Wednesday April 1, 2020, from 9:00 a.m. ET to 4:30 p.m. ET. ADDRESSES: The meeting will take place at the Office of Justice Programs offices (in the Main Conference Room), 810 7th Street, Washington, DC 20531; Phone: (202) 514–2000 [note: this is not a tollfree number]. FOR FURTHER INFORMATION CONTACT: Tracey Trautman, Global Designated Federal Official (DFO), Bureau of Justice Assistance, Office of Justice Programs, 810 7th Street, Washington, DC 20531; Phone (202) 305–1491 [note: this is not SUMMARY: E:\FR\FM\20FEN1.SGM 20FEN1

Agencies

[Federal Register Volume 85, Number 34 (Thursday, February 20, 2020)]
[Notices]
[Pages 9807-9808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03287]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
and Request for Comments on Draft Restoration Plans and Environmental 
Assessments

    On February 11, 2020, the Department of Justice lodged a proposed 
Consent Decree and two draft Restoration Plan and Environmental 
Assessments (``RP/EAs'') with the United States District Court for the 
Eastern District of Missouri in the lawsuit entitled United States and 
State of Missouri v. The Doe Run Resources Corporation, et al., Civil 
Action No. 4:20-cv-00234.
    The United States and State of Missouri asserted claims in this 
case under Section 107 of the Comprehensive Environmental Response, 
Compensation and Liability Act (CERCLA), 42 U.S.C. 9607, and Section 
644.096, Rev. Stat. Mo., of the Missouri Clean Water Law, seeking to 
recover natural resource damages (NRD) in response to releases of 
hazardous substances resulting from historic lead mining, milling, and 
smelting operations at eleven facilities located in the Viburnum Trend, 
a portion of the Southeast Missouri Lead Mining District, and at the 
Herculaneum Lead Smelter in Jefferson County, Missouri. The proposed 
Consent Decree resolves these claims against The Doe Run Resources 
Corporation (``Doe Run'') (in its own capacity and on behalf of The Doe 
Run Company, a former Missouri general partnership, St. Joe Minerals 
Company, and St. Joseph Lead Company), the Buick Resource Recycling 
Facility, LLC, and Homestake Lead Company of Missouri (``Homestake'') 
(in its own capacity and on behalf of The Doe Run Company, a former 
Missouri general partnership).
    Under CERCLA, federal and state natural resource trustees have 
authority to seek compensation for natural resources harmed by 
hazardous substances released to the environment from historic lead 
mining, milling, and smelting operations in the Viburnum Trend and at 
the Herculaneum Lead Smelter. The natural resource trustees here 
include the U.S. Department of the Interior, acting through the U.S. 
Fish and Wildlife Service, the U.S. Department of Agriculture, acting 
through the U.S. Forest Service, and the State of Missouri, Department 
of Natural Resources (the ``Trustees'').
    Under the Proposed Consent Decree, Doe Run will perform natural 
resource restoration work in accordance with the RP/EAs on 
approximately 2,080 acres of land and 10 miles of streams, and will 
donate approximately 1,100 acres of ecologically significant property, 
in addition to reimbursing certain future restoration and 
implementation costs of the Trustees. Homestake will pay a total of 
$1.9 million to the Trustees for past assessment costs and future 
restoration and implementation costs and will provide funding and 
financial assurance for a portion of Doe Run's restoration measures. 
The United States will grant a covenant not to sue or to take 
administrative action against the Settling Defendants for NRD pursuant 
to Section 107(a) of CERCLA, 42 U.S.C. 9607(a), and Section 311 of the 
Clean Water Act, 33 U.S.C. 1321.
    The RP/EAs present the restoration projects proposed by the 
Trustees to restore natural resources injured by hazardous substances 
released in and around the Viburnum Trend and the Herculaneum Lead 
Smelter. Consistent with the natural resource damages assessment and 
restoration (``NRDAR'') regulations, 43 CFR part 11, and the National 
Environmental Policy Act of 1969 (``NEPA''), as amended, 42 U.S.C. 
4321-4347 et seq., and its implementing regulations at 40 CFR parts 
1500-1508, the Trustees evaluated a suite of alternatives in each RP/EA 
for conducting the type and scale of restoration sufficient to 
compensate the public for natural resource injuries and service losses. 
Based on selection factors including location, technical feasibility, 
cost effectiveness, provision of natural resource services similar to 
those lost due to contamination, and net environmental consequences, 
the Trustees identified a preferred alternative in each RP/EA.
    The preferred alternative for the Viburnum Trend includes 
restoration of injured stream reaches, enhanced closure of areas 
impacted by tailings impoundments, restoration and revegetation of 
injured soils, and the transfer and protection of ecologically 
significant property to the Trustees or their designees. The preferred 
alternative for the Herculaneum Lead Smelter calls for the transfer and 
protection of ecologically significant property to the Trustees or 
their designees.
    The publication of this notice opens a period for public comment on 
the Consent Decree and the RP/EAs.
    Comments on the Consent Decree should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States and State of Missouri v. The Doe Run 
Resources Corporation, et al., D.J. Ref. No. 90-11-3-10845/1. All 
comments must be submitted no later than forty-five (45) 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 $47.50 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy of the Consent Decree without the exhibits and signature pages, 
the cost is $12.00. For a paper copy of the RP/EAs only, the cost is 
$17.00.
    Comments on the RP/EA should be addressed to Dave Mosby, and 
reference ``Viburnum Trend and Herculaneum RP/EAs'' in the subject 
line. All comments on the RP/EAs must be submitted no later than forty-
five (45) days after the publication date of this notice.
    Comments may be submitted either by email or by mail:

[[Page 9808]]



------------------------------------------------------------------------
         To submit comments:                     Send them to:
------------------------------------------------------------------------
By email............................  [email protected].
By mail.............................  Dave Mosby, U.S. Fish and Wildlife
                                       Service, 101 Park DeVille Dr.,
                                       Suite A, Columbia, MO 65203.
------------------------------------------------------------------------

    During the public comment period, the RP/EAs may be examined and 
downloaded at this U.S. Fish and Wildlife Service Midwest Region 
Natural Resource Damage Assessment website: https://www.fws.gov/midwest/es/ec/nrda/SEMONRDA/index.html. As described above, a paper 
copy of the RP/EAs may obtained from the Department of Justice as part 
of, or separately from, the Consent Decree upon written request and 
payment of reproduction costs.

Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2020-03287 Filed 2-19-20; 8:45 am]
 BILLING CODE 4410-15-P