Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act, 2133-2134 [2023-00530]
Download as PDF
<![CDATA[
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 88, No. 8 / Thursday, January 12, 2023 / Notices
Procedure, part 201, subparts A and B
(19 CFR part 201), and part 207,
subparts A, D, E, and F (19 CFR part
207).
Staff report.—A staff report
containing information concerning the
subject matter of the review has been
placed in the nonpublic record, and will
be made available to persons on the
Administrative Protective Order service
list for this review on January 13, 2023.
A public version will be issued
thereafter, pursuant to § 207.62(d)(4) of
the Commission’s rules.
Written submissions.—As provided in
§ 207.62(d) of the Commission’s rules,
interested parties that are parties to the
review and that have provided
individually adequate responses to the
notice of institution,2 and any party
other than an interested party to the
review may file written comments with
the Secretary on what determination the
Commission should reach in the review.
Comments are due on or before January
23, 2023 and may not contain new
factual information. Any person that is
neither a party to the five-year review
nor an interested party may submit a
brief written statement (which shall not
contain any new factual information)
pertinent to the review by January 23,
2023. However, should the Department
of Commerce (‘‘Commerce’’) extend the
time limit for its completion of the final
results of its review, the deadline for
comments (which may not contain new
factual information) on Commerce’s
final results is three business days after
the issuance of Commerce’s results. If
comments contain business proprietary
information (BPI), they must conform
with the requirements of §§ 201.6,
207.3, and 207.7 of the Commission’s
rules. The Commission’s Handbook on
Filing Procedures, available on the
Commission’s website at https://
www.usitc.gov/documents/handbook_
on_filing_procedures.pdf, elaborates
upon the Commission’s procedures with
respect to filings.
In accordance with §§ 201.16(c) and
207.3 of the rules, each document filed
by a party to the review must be served
on all other parties to the review (as
identified by either the public or BPI
service list), and a certificate of service
must be timely filed. The Secretary will
not accept a document for filing without
a certificate of service.
Determination.—The Commission has
determined this review is
extraordinarily complicated and
2 The Commission has found the response
submitted on behalf of Penn A Kem LLC, a
domestic producer of furfuryl alcohol, to be
individually adequate. Comments from other
interested parties will not be accepted (see 19 CFR
207.62(d)(2)).
VerDate Sep<11>2014
17:36 Jan 11, 2023
Jkt 259001
therefore has determined to exercise its
authority to extend the review period by
up to 90 days pursuant to 19 U.S.C.
1675(c)(5)(B).
Authority: This review is being
conducted under authority of title VII of
the Tariff Act of 1930; this notice is
published pursuant to § 207.62 of the
Commission’s rules.
By order of the Commission.
Issued: January 9, 2023.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2023–00492 Filed 1–11–23; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the
Comprehensive Environmental
Response, Compensation, and Liability
Act
On December 16, 2022, the
Department of Justice lodged a proposed
Consent Decree with the United States
District Court for the District of New
Jersey in United States v. Alden Leeds,
Inc., et al., Civil Action No. 2:22–cv–
07326. The proposed Consent Decree
resolves the United States’ claim against
85 defendants under section 107(a) of
the Comprehensive Environmental
Response, Compensation, and Liability
Act of 1980 (‘‘CERCLA’’), 42 U.S.C.
9607(a), relating to Operable Unit 2 and
Operable Unit 4 of the Diamond Alkali
Superfund Site (‘‘Site’’) in New Jersey.
In the proposed Consent Decree, the
85 Settling Defendants agree to pay $150
million in cleanup costs. EPA Region 2’s
estimated future cleanup costs for
Operable Unit 2 and Operable Unit 4 of
the Site are $1.82 billion. EPA
sponsored an allocation process, which
involved hiring a third party neutral to
perform an allocation. The process
concluded in December 2020 with a
Final Allocation Recommendation
Report that recommends relative shares
of responsibility for each allocation
party’s facility or facilities evaluated in
the allocation. After review of the Final
Allocation Recommendation Report,
EPA identified the parties who were
eligible to participate in the proposed
Consent Decree. Based on the results of
the allocation, the United States
concluded that the Settling Defendants,
individually and collectively, are
responsible for a minor share of the
response costs incurred and to be
incurred at or in connection with the
cleanup of Operable Unit 2 and
Operable Unit 4, for releases from the
facilities identified in the proposed
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
2133
Consent Decree. Certain Settling
Defendants had previously resolved
their liability for Operable Unit 2, and
so were not evaluated in the allocation,
but are participating in the proposed
Consent Decree in order to resolve their
liability for Operable Unit 4. The
Consent Decree includes covenants not
to sue related to Operable Unit 2 and
Operable Unit 4 under sections 106 and
107(a) of CERCLA, as well as
contribution protection under section
113 of CERCLA. The consent decree
does not include reopeners for
previously unknown conditions or
information, or for cost overruns, but
the settlement amount collectively paid
by the Setting Defendants protects
against the risk that future costs will
exceed EPA’s estimate of the future
cleanup costs for Operable Unit 2 and
Operable Unit 4.
On December 22, 2022, the
Department of Justice published a notice
in the Federal Register opening a public
comment period on the consent decree
for a period of forty-five (45) days. 87 FR
78711. By this notice, the Department of
Justice is extending the public comment
by an additional forty-five (45) days,
through March 22, 2023. Comments
should be addressed to the Assistant
Attorney General, Environment and
Natural Resources Division, and should
refer to United States v. Alden Leeds,
Inc., et al., Civil Action No. 2:22–cv–
07326, D.J. Ref. No. 90–11–3–07683/1.
All comments must be submitted no
later than March 22, 2023. 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 proposed 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
proposed modification 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 $36.25 (25 cents per page
reproduction cost) payable to the United
States Treasury. In addition, the Final
Allocation Recommendation Report
E:\FR\FM\12JAN1.SGM
12JAN1
2134
Federal Register / Vol. 88, No. 8 / Thursday, January 12, 2023 / Notices
may be examined at this EPA website:
https://semspub.epa.gov/src/collection/
02/SC41378.
Henry S. Friedman,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
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 .........
[FR Doc. 2023–00530 Filed 1–11–23; 8:45 am]
BILLING CODE 4410–CW–P
DEPARTMENT OF JUSTICE
khammond on DSKJM1Z7X2PROD with NOTICES
Notice of Lodging of Proposed
Modification to Consent Decree Under
the Clean Air Act and Other Statutes
On January 6, 2023, the Department of
Justice lodged a proposed Agreement
and Order Regarding Modification of
Consent Decree (‘‘Agreement and
Order’’) with the United States District
Court for the Eastern District of Texas in
the lawsuit entitled United States and
State of Texas v. E.I. du Pont de
Nemours and Company and
Performance Materials NA, Inc., Case
No. 1:21–cv–00516–MJT. The original
Consent Decree was entered by the
Court on January 28, 2022, and it
requires the settling defendants to
implement injunctive relief at an
ethylene production facility located in
Orange, Texas.
The proposed Agreement and Order
modifies one injunctive relief
requirement of the original Consent
Decree to provide for use of an
alternative control technology to reduce
benzene emissions to air at certain
locations within the facility.
Specifically, the proposed modification
would change the control requirement
for benzene waste emissions at two
locations to the use of a thermal
oxidizer as the primary control
technology. Carbon canisters operated
in series would not be used at these
locations. There are no other changes to
the original Consent Decree.
The publication of this notice opens
a period for public comment on the
proposed Agreement and Order.
Comments should be addressed to the
Assistant Attorney General,
Environment and Natural Resources
Division, and should refer to entitled
United States and State of Texas v. E.I.
du Pont de Nemours and Company and
Performance Materials NA, Inc., Case
No. 1:21–cv–00516–MJT, D.J. Ref. No.
90–7–1–10173. 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:
VerDate Sep<11>2014
17:36 Jan 11, 2023
Jkt 259001
During the public comment period,
the Agreement and Order may be
examined and downloaded at this
Justice Department website: https://
www.usdoj.gov/enrd/Consent_
Decrees.html. We will provide a paper
copy of the Agreement and Order 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 $3.00 (25 cents per page
reproduction cost) for the proposed
Agreement and Order, payable to the
United States Treasury.
Thomas Carroll,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2023–00438 Filed 1–11–23; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219–0144]
Proposed Extension of Information
Collection; Mine Rescue Teams;
Arrangements for Emergency Medical
Assistance and Transportation for
Injured Persons; Agreements;
Reporting Requirements; Posting
Requirements
Mine Safety and Health
Administration, Labor.
ACTION: Request for public comments.
AGENCY:
The Department of Labor, as
part of its continuing effort to reduce
paperwork and respondent burden,
conducts a pre-clearance consultation
program to provide the general public
and Federal agencies with an
opportunity to comment on proposed
collections of information in accordance
with the Paperwork Reduction Act of
1995. This program helps to ensure that
requested data can be provided in the
desired format, reporting burden (time
and financial resources) is minimized,
collection instruments are clearly
understood, and the impact of collection
requirements on respondents can be
properly assessed. Currently, the Mine
SUMMARY:
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
Safety and Health Administration
(MSHA) is soliciting comments on the
information collection for Mine Rescue
Teams; Arrangements for Emergency
Medical Assistance and Transportation
for Injured Persons; Agreements;
Reporting Requirements; Posting
Requirements.
DATES: All comments must be received
on or before March 13, 2023.
ADDRESSES: Comments concerning the
information collection requirements of
this notice may be sent by any of the
methods listed below.
• Federal E-Rulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments for docket number MSHA–
2022–0064.
• Mail/Hand Delivery: Mail or visit
DOL–MSHA, Office of Standards,
Regulations, and Variances, 201 12th
Street South, Suite 4E401, Arlington,
VA 22202–5452. Before visiting MSHA
in person, call 202–693–9455 to make
an appointment, in keeping with the
Department of Labor’s COVID–19
policy. Special health precautions may
be required.
• MSHA will post your comment as
well as any attachments, except for
information submitted and marked as
confidential, in the docket at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: S.
Aromie Noe, Director, Office of
Standards, Regulations, and Variances,
MSHA, at
MSHA.information.collections@dol.gov
(email); (202) 693–9440 (voice); or (202)
693–9441 (facsimile).
SUPPLEMENTARY INFORMATION:
I. Background
Section 103(h) of the Federal Mine
Safety and Health Act of 1977 (Mine
Act), 30 U.S.C. 813(h), authorizes
MSHA to collect information necessary
to carry out its duty in protecting the
safety and health of miners. Further,
section 101(a) of the Mine Act, 30 U.S.C.
811, authorizes the Secretary of Labor to
develop, promulgate, and revise as may
be appropriate, improved mandatory
health or safety standards for the
protection of life and prevention of
injuries in coal and metal and nonmetal
mines.
30 CFR part 49 subpart A, Mine
Rescue Teams for Underground Metal
and Nonmetal (MNM) Mines, requires
every operator of an underground mine
to assure the availability of mine rescue
capability for purposes of emergency
rescue and recovery. This collection of
information relates to the availability of
mine rescue teams; alternate mine
rescue capability for small and remote
E:\FR\FM\12JAN1.SGM
12JAN1
]]>Agencies
[Federal Register Volume 88, Number 8 (Thursday, January 12, 2023)]
[Notices]
[Pages 2133-2134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00530]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the
Comprehensive Environmental Response, Compensation, and Liability Act
On December 16, 2022, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the District
of New Jersey in United States v. Alden Leeds, Inc., et al., Civil
Action No. 2:22-cv-07326. The proposed Consent Decree resolves the
United States' claim against 85 defendants under section 107(a) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (``CERCLA''), 42 U.S.C. 9607(a), relating to Operable Unit 2
and Operable Unit 4 of the Diamond Alkali Superfund Site (``Site'') in
New Jersey.
In the proposed Consent Decree, the 85 Settling Defendants agree to
pay $150 million in cleanup costs. EPA Region 2's estimated future
cleanup costs for Operable Unit 2 and Operable Unit 4 of the Site are
$1.82 billion. EPA sponsored an allocation process, which involved
hiring a third party neutral to perform an allocation. The process
concluded in December 2020 with a Final Allocation Recommendation
Report that recommends relative shares of responsibility for each
allocation party's facility or facilities evaluated in the allocation.
After review of the Final Allocation Recommendation Report, EPA
identified the parties who were eligible to participate in the proposed
Consent Decree. Based on the results of the allocation, the United
States concluded that the Settling Defendants, individually and
collectively, are responsible for a minor share of the response costs
incurred and to be incurred at or in connection with the cleanup of
Operable Unit 2 and Operable Unit 4, for releases from the facilities
identified in the proposed Consent Decree. Certain Settling Defendants
had previously resolved their liability for Operable Unit 2, and so
were not evaluated in the allocation, but are participating in the
proposed Consent Decree in order to resolve their liability for
Operable Unit 4. The Consent Decree includes covenants not to sue
related to Operable Unit 2 and Operable Unit 4 under sections 106 and
107(a) of CERCLA, as well as contribution protection under section 113
of CERCLA. The consent decree does not include reopeners for previously
unknown conditions or information, or for cost overruns, but the
settlement amount collectively paid by the Setting Defendants protects
against the risk that future costs will exceed EPA's estimate of the
future cleanup costs for Operable Unit 2 and Operable Unit 4.
On December 22, 2022, the Department of Justice published a notice
in the Federal Register opening a public comment period on the consent
decree for a period of forty-five (45) days. 87 FR 78711. By this
notice, the Department of Justice is extending the public comment by an
additional forty-five (45) days, through March 22, 2023. Comments
should be addressed to the Assistant Attorney General, Environment and
Natural Resources Division, and should refer to United States v. Alden
Leeds, Inc., et al., Civil Action No. 2:22-cv-07326, D.J. Ref. No. 90-
11-3-07683/1. All comments must be submitted no later than March 22,
2023. 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 proposed 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 proposed modification 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 $36.25 (25 cents per page
reproduction cost) payable to the United States Treasury. In addition,
the Final Allocation Recommendation Report
[[Page 2134]]
may be examined at this EPA website: https://semspub.epa.gov/src/collection/02/SC41378.
Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2023-00530 Filed 1-11-23; 8:45 am]
BILLING CODE 4410-CW-P
