Notice of Lodging of Proposed Consent Decrees Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Clean Water Act (CWA), and the Oil Pollution Act (OPA), 78063 [2023-25023]

Download as PDF Federal Register / Vol. 88, No. 218 / Tuesday, November 14, 2023 / Notices DEPARTMENT OF JUSTICE khammond on DSKJM1Z7X2PROD with NOTICES Notice of Lodging of Proposed Consent Decrees Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Clean Water Act (CWA), and the Oil Pollution Act (OPA) On November 1, 2023, the Department of Justice lodged two proposed consent decrees with the United States District Court for the District of Oregon in the lawsuit entitled United States of America et al. v. ACF Industries LLC, et al., Civil Action No. 3:23–cv–1603 (D. Or.). The complaint asserts claims for natural resource damages by the United States on behalf of the National Oceanic and Atmospheric Administration and the Department of the Interior; the State of Oregon; the Confederated Tribes of the Grand Ronde Community of Oregon; the Confederated Tribes of Siletz Indians; the Confederated Tribes of the Umatilla Indian Reservation; the Confederated Tribes of the Warm Springs Reservation of Oregon; and the Nez Perce Tribe (collectively, the ‘‘Natural Resource Trustees’’) pursuant to the section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9607(a); section 311 of the Clean Water Act (CWA), 33 U.S.C. 1321; section 1002(b) of the Oil Pollution Act (OPA), 33 U.S.C. 2702(b); the Oregon Hazardous Waste and Hazardous Materials Act, ORS section 465; and ORS section 468B.060. The proposed consent decrees settle claims for natural resource damages caused by hazardous substances released from defendants’ facilities along the Willamette River. Under the proposed consent decrees, the defendants will pay cash and/or purchase restoration credits in one or more restoration projects approved by the Natural Resource Trustees to create habitat for injured natural resources, including various species of fish and birds. Defendants also must make payments for the public’s lost recreational use of the river, for monitoring of culturally significant plants and animals, and for reimbursement of the Natural Resource Trustees’ costs. Restoration project developers also are parties to the consent decree under which some defendants purchase restoration credits in those projects. The restoration project developers are required to develop their restoration projects, permanently protect the restoration project sites, and VerDate Sep<11>2014 16:48 Nov 13, 2023 Jkt 262001 arrange for long-term stewardship of each restoration project. The Natural Resource Trustees will provide defendants with covenants not to sue under the authorities listed in the complaint and proposed consent decree for specified natural resource damages. The publication of this notice opens a period for public comment on the proposed Consent Decrees. Comments on the proposed Consent Decrees should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States of America et al. v. ACF Industries LLC, et al., D.J. Ref. No. 90–11–2–06787/2. All comments must be submitted no later than fortyfive (45) days after the publication date of this notice. Comments may be submitted either by email or by mail: 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 Decrees may be examined and downloaded at this Justice Department website: https:// www.justice.gov/enrd/consent-decree/ us-et-al-v-acf-industries-llc-et-al. Please note that this website contains the corrected version of the cash-out consent decree but not the version originally lodged with the court. The corrected version of the cash-out consent decree adds a legal entity for one of the settling defendants that inadvertently was omitted but does not change the scope of the operations covered by the consent decree or the amounts to be paid under the consent decree. Please refer to the corrected version of the cash-out consent decree when submitting comments. We will provide a paper copy of the Consent Decrees 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 $45.25 (without attachments) or $631.25 (with attachments) (25 cents per PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 page reproduction cost) payable to the United States Treasury. Kathryn C. Macdonald, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2023–25023 Filed 11–13–23; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF LABOR Employment and Training Administration Workforce Innovation and Opportunity Act; Native American Employment and Training Council Employment and Training Administration, U.S. Department of Labor. ACTION: Notice of meeting. AGENCY: Pursuant to the Federal Advisory Committee Act (FACA), as amended, and the Workforce Innovation and Opportunity Act (WIOA), notice is hereby given of the next meeting of the Native American Employment and Training Council (Council), as constituted under WIOA. DATES: The meeting will begin at 1:30 p.m. (eastern daylight time) on Thursday, December 7, 2023, and continue until 4:30 p.m. The meeting will reconvene at 9 a.m., on Friday, December 8, 2023, and adjourn at 4 p.m. The period from 3 p.m. to 4 p.m., on December 8, 2023, is reserved for participation and comment by members of the public. ADDRESSES: The meeting will be held in person at 200 Constitution Ave. NW, Washington, DC 20210, in conference room C–5515. The meeting will also be accessible virtually on the Zoom.gov platform. To join the meeting use the following URL: https:// www.zoomgov.com/j/ 1604160784?pwd=dHp 3WUtzQ1dXM2NtVFRGS0 hqUERHQT09. Meeting ID: 160 416 0784. Passcode: 807557. FOR FURTHER INFORMATION CONTACT: Nathaniel Coley, DFO, Division of Indian and Native American Programs, Employment and Training Administration, U.S. Department of Labor, Room S–4209, 200 Constitution Avenue NW, Washington, DC 20210. Telephone number (202) 693–4287 (VOICE) (this is not a toll-free number) or coley.nathaniel.d@dol.gov. SUPPLEMENTARY INFORMATION: Council members and members of the public are encouraged to logon to Zoom.gov early SUMMARY: To submit comments: 78063 E:\FR\FM\14NON1.SGM 14NON1

Agencies

[Federal Register Volume 88, Number 218 (Tuesday, November 14, 2023)]
[Notices]
[Page 78063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25023]



[[Page 78063]]

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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decrees Under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA), the Clean Water Act (CWA), and the Oil Pollution Act (OPA)

    On November 1, 2023, the Department of Justice lodged two proposed 
consent decrees with the United States District Court for the District 
of Oregon in the lawsuit entitled United States of America et al. v. 
ACF Industries LLC, et al., Civil Action No. 3:23-cv-1603 (D. Or.).
    The complaint asserts claims for natural resource damages by the 
United States on behalf of the National Oceanic and Atmospheric 
Administration and the Department of the Interior; the State of Oregon; 
the Confederated Tribes of the Grand Ronde Community of Oregon; the 
Confederated Tribes of Siletz Indians; the Confederated Tribes of the 
Umatilla Indian Reservation; the Confederated Tribes of the Warm 
Springs Reservation of Oregon; and the Nez Perce Tribe (collectively, 
the ``Natural Resource Trustees'') pursuant to the section 107(a) of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act (CERCLA), 42 U.S.C. 9607(a); section 311 of the Clean Water Act 
(CWA), 33 U.S.C. 1321; section 1002(b) of the Oil Pollution Act (OPA), 
33 U.S.C. 2702(b); the Oregon Hazardous Waste and Hazardous Materials 
Act, ORS section 465; and ORS section 468B.060.
    The proposed consent decrees settle claims for natural resource 
damages caused by hazardous substances released from defendants' 
facilities along the Willamette River. Under the proposed consent 
decrees, the defendants will pay cash and/or purchase restoration 
credits in one or more restoration projects approved by the Natural 
Resource Trustees to create habitat for injured natural resources, 
including various species of fish and birds. Defendants also must make 
payments for the public's lost recreational use of the river, for 
monitoring of culturally significant plants and animals, and for 
reimbursement of the Natural Resource Trustees' costs. Restoration 
project developers also are parties to the consent decree under which 
some defendants purchase restoration credits in those projects. The 
restoration project developers are required to develop their 
restoration projects, permanently protect the restoration project 
sites, and arrange for long-term stewardship of each restoration 
project. The Natural Resource Trustees will provide defendants with 
covenants not to sue under the authorities listed in the complaint and 
proposed consent decree for specified natural resource damages.
    The publication of this notice opens a period for public comment on 
the proposed Consent Decrees. Comments on the proposed Consent Decrees 
should be addressed to the Assistant Attorney General, Environment and 
Natural Resources Division, and should refer to United States of 
America et al. v. ACF Industries LLC, et al., D.J. Ref. No. 90-11-2-
06787/2. 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 Decrees may be 
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decree/us-et-al-v-acf-industries-llc-et-al. Please note that this website contains the corrected version of the 
cash-out consent decree but not the version originally lodged with the 
court. The corrected version of the cash-out consent decree adds a 
legal entity for one of the settling defendants that inadvertently was 
omitted but does not change the scope of the operations covered by the 
consent decree or the amounts to be paid under the consent decree. 
Please refer to the corrected version of the cash-out consent decree 
when submitting comments. We will provide a paper copy of the Consent 
Decrees 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 $45.25 (without 
attachments) or $631.25 (with attachments) (25 cents per page 
reproduction cost) payable to the United States Treasury.

Kathryn C. Macdonald,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2023-25023 Filed 11-13-23; 8:45 am]
BILLING CODE 4410-15-P
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