Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act, 86382-86383 [2023-27251]
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86382
Federal Register / Vol. 88, No. 238 / Wednesday, December 13, 2023 / Notices
Act, its implementing regulations, and
related state law provisions, at five
Heritage-Crystal Clean (HCC) facilities
located in Shreveport, Indianapolis,
Atlanta, and Denver as well as at a
former facility in Fairless Hills,
Pennsylvania. The complaint alleged
that in the course of providing solventbased parts washing services to
numerous customers throughout the
United States, HCC violated various
hazardous waste management
requirements by (1) transporting
hazardous waste without required
hazardous waste manifests, (2) storing
hazardous waste at HCC facilities that
do not have hazardous waste permits,
(3) failing to make adequate hazardous
waste determinations after mixing used
solvents that HCC accepted from
numerous different customers, (4)
failing to comply with certain
requirements for reducing air emissions
from hazardous waste tanks and
equipment, and (5) failing to maintain
adequate secondary containment for
certain hazardous waste tanks. The
complaint also alleged that HCC
violated certain requirements applicable
to storage of used oil at HCC’s
Shreveport facility, and certain
requirements governing management of
solid wastes at HCC’s Indianapolis
facility (the ‘‘10th Street Facility’’).
The proposed settlement prohibits
HCC from treating, storing, or disposing
of hazardous waste at any HCC facility
that does not have a hazardous waste
management permit. The proposed
settlement also includes extensive
measures to assure that HCC facilities
do not manage used parts washing
solvent that is subject to regulation as
hazardous waste. These measures
include: (1) screening new customers;
(2) screening used parts washing
solvents before HCC accepts such
solvents for transport and management;
(3) providing educational materials to
certain parts washing customers; (4)
testing of used parts washing solvent
accepted by HCC to determine whether
any used solvents accepted and
managed by HCC are hazardous waste;
(5) prompt removal from HCC facilities
of any used parts washing solvents
shown to be hazardous waste; (6) a
prohibition on processing of certain
used solvents, including by gravity
separation, for the purpose of making
the used solvent suitable for resale and
re-use. The proposed settlement also
provides for HCC to apply for a permit
to store and treat hazardous waste at its
10th Street Facility. Pending issuance of
a hazardous waste permit for the 10th
Street Facility and construction of any
waste management units authorized by
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such a permit, the proposed Consent
Decree requires HCC to implement
various interim measures at the 10th
Street Facility, including various
inspection requirements, and
requirements to close open vents on
certain tanks used to store used solvent
at the 10th Street Facility. In addition,
the proposed Consent Decree includes
provisions for a third-party audit of
HCC’s implementation of Consent
Decree requirements. Finally, the
proposed Consent Decree provides for
HCC to pay civil penalties totaling
$1,162,500, with specified portions of
the penalty amount allocated to the
United States, the Louisiana Department
of Environmental Quality, and the State
of Indiana.
The publication of this notice opens
a period for public comment on the
proposed Consent Decree. Comments
should be addressed to the Assistant
Attorney General, Environment and
Natural Resources Division, and should
refer to United States, Louisiana
Department of Environmental Quality,
and the State of Indiana v. HeritageChrystal Clean, LLC D.J. Ref. No. 90–7–
1–11889. 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 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 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 $33.50 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Thomas Carroll,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2023–27319 Filed 12–12–23; 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
On December 6, 2023, 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. Wyeth Holdings LLC,
2:23–cv–22922 (D.N.J.).
The United States filed a complaint
under the Comprehensive
Environmental Response,
Compensation, and Liability Act against
Wyeth Holdings LLC, for recovery of
damages for injury to, loss of, or
destruction of natural resources
resulting from the release of hazardous
substances at or from the American
Cyanamid Superfund Site (the ‘‘Site’’) in
Bridgewater Township, Somerset
County, New Jersey. Specifically, the
United States alleges releases of
hazardous substances caused injury to
floodplains, riparian areas, and
wetlands adjacent to the Site and the
biota supported by these habitats,
including macroinvertebrates,
amphibians, reptiles, birds, and
mammals. These natural resources are
under the trusteeship of the United
States Department of the Interior (DOI),
through the United States Fish and
Wildlife Service (FWS), the National
Oceanic and Atmospheric
Administration (NOAA), and New
Jersey Department of Environmental
Protection (NJDEP).
The proposed Consent Decree is
among the United States, NJDEP, and
Wyeth Holdings LLC. Under the
proposed Consent Decree, Wyeth
Holdings LLC, will undertake and fund
the ‘‘Duke Farms Forested Floodplain
Restoration Project,’’ which will restore
112 areas of former farmland located
upstream of the Site on the Raritan
River to a natural habitat. Wyeth will
also pay the DOI, NOAA, and NJDEP’s
assessment and oversight costs.
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, United States
Department of Justice, and should refer
to United States and New Jersey
Department of Environmental
Protection v. Wyeth Holdings LLC, D.J.
Ref. No. 90–11–3–07250/4. All
comments must be submitted no later
than sixty (60) days after the publication
date of this notice. Comments may be
submitted either by email or by mail:
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Federal Register / Vol. 88, No. 238 / Wednesday, December 13, 2023 / Notices
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 consent decree upon email
request to pubcomment-ees.enrd@
usdoj.gov.
Henry S. Friedman,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
which the Bankruptcy Court confirmed,
and which went effective on Jun 16,
2022, dictate the terms of payment for
the United States’ allowed claim.
The publication of this notice opens
a period for public comment on the
proposed Settlement Agreement.
Comments should be addressed to the
Assistant Attorney General,
Environment and Natural Resources
Division, and should refer to, In re:
Mallinckrodt PLC, Case No.: 20–12522,
D.J. Ref. No. 90–11–2–09556/2. 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 email .......
pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC
20044–7611.
[FR Doc. 2023–27251 Filed 12–12–23; 8:45 am]
By mail .........
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
khammond on DSKJM1Z7X2PROD with NOTICES
Notice of Proposed Settlement
Agreement Under the Comprehensive
Environmental Response,
Compensation, and Liability Act
On December 4, 2023, a proposed
Settlement Agreement between the
United States, on behalf of (a) the
United States Department of the Interior
(‘‘DOI’’) and (b) the United States
Environmental Protection Agency
(‘‘EPA’’), and Mallinckrodt plc, and the
Mallinckrodt General Unsecured Claims
Trust (the ‘‘GUC Trust’’ and, with the
Reorganized Debtors, collectively,
‘‘Mallinckrodt’’), was filed with the
United States Bankruptcy Court for the
District of Delaware in the Chapter 11
case captioned, In re: Mallinckrodt PLC,
Case No.: 20–12522.
On October 12, 2020, each of
Mallinckrodt plc and its debtor affiliates
filed voluntary petitions in the
Bankruptcy Court. The United States, on
behalf of DOI and EPA, filed a proof of
claim asserting a claim against
Mallinckrodt for past costs and future
liability as a potential liable party at the
Sangamo Electric Dump/Crab Orchard
National Wildlife Refuge Site pursuant
to the Comprehensive Environmental
Response Comprehensive
Environmental Response,
Compensation, and Liability Act. The
proposed Settlement Agreement grants
the United States an allowed unsecured
claim against Mallinckrodt US Holdings
LLC on behalf of DOI in the amount of
$56,880,784, and for EPA in the amount
of $499,216. Mallinckrodt’s Fourth
Amended Joint Plan of Reorganization,
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Under section 7003(d) of RCRA, a
commenter may request an opportunity
for a public meeting in the affected area.
During the public comment period,
the Settlement Agreement 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
Settlement Agreement 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 $3.75 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Patricia M. McKenna,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2023–27361 Filed 12–12–23; 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
On December 5, 2023, the Department
of Justice lodged a proposed Consent
Decree with the United States District
Court for the Central District of Illinois
in the lawsuit entitled United States et
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86383
al. v. TCI Pacific Communications LLC,
Case No. 23–4218.
The proposed Consent Decree settles
claims brought by the United States
under Sections 106 and 107 of the
Comprehensive Environmental
Response, Compensation, and Liability
Act (‘‘CERCLA’’), 42 U.S.C. 9606 and
9607 against TCI Pacific
Communications LLC (‘‘Defendant’’)
seeking reimbursement of response
costs and performance of remedial
measures with respect to Operable Unit
4 (‘‘OU4’’) of the DePue/New Jersey
Zinc/Mobil Chemical Corp. Superfund
Site in DePue, Illinois. The Consent
Decree would also resolve claims
brought by the State of Illinois under
CERCLA, 42 U.S.C. 9607 and the Illinois
Environmental Protection Act, 415 ILCS
5/22.2 and 5/42 (d) and (e), for
performance of a remedial action and
recovery of the State’s unreimbursed
costs incurred at or in connection with
OU4 at the Site. The Consent Decree
requires Defendants to pay the United
States a total of $368,831.16 in EPA’s
response costs and perform the remedial
‘‘Work’’ defined in the Scope of Work,
attached to the Consent Decree as
Appendix B. The Work consists of
excavation of contaminated soil and
Site-related material from residences,
parks, and alleys, backfilling with clean
soil, revegetation, and stockpiling and
management of the excavated fill in the
Former Plant Site Area of OU3.
The publication of this notice opens
a period for public comment on the
proposed 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. TCI
Pacific Communications LLC, DJ No.
90–11–3–11937/1. All comments must
be submitted no later than thirty (30)
days after the publication date of this
notice. Commenters may request an
opportunity for a public meeting in the
affected area in accordance with section
7003(d) of RCRA, 42 U.S.C. 6973(d).
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.
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Agencies
[Federal Register Volume 88, Number 238 (Wednesday, December 13, 2023)]
[Notices]
[Pages 86382-86383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27251]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the
Comprehensive Environmental Response, Compensation, and Liability Act
On December 6, 2023, 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. Wyeth Holdings LLC, 2:23-cv-22922
(D.N.J.).
The United States filed a complaint under the Comprehensive
Environmental Response, Compensation, and Liability Act against Wyeth
Holdings LLC, for recovery of damages for injury to, loss of, or
destruction of natural resources resulting from the release of
hazardous substances at or from the American Cyanamid Superfund Site
(the ``Site'') in Bridgewater Township, Somerset County, New Jersey.
Specifically, the United States alleges releases of hazardous
substances caused injury to floodplains, riparian areas, and wetlands
adjacent to the Site and the biota supported by these habitats,
including macroinvertebrates, amphibians, reptiles, birds, and mammals.
These natural resources are under the trusteeship of the United States
Department of the Interior (DOI), through the United States Fish and
Wildlife Service (FWS), the National Oceanic and Atmospheric
Administration (NOAA), and New Jersey Department of Environmental
Protection (NJDEP).
The proposed Consent Decree is among the United States, NJDEP, and
Wyeth Holdings LLC. Under the proposed Consent Decree, Wyeth Holdings
LLC, will undertake and fund the ``Duke Farms Forested Floodplain
Restoration Project,'' which will restore 112 areas of former farmland
located upstream of the Site on the Raritan River to a natural habitat.
Wyeth will also pay the DOI, NOAA, and NJDEP's assessment and oversight
costs.
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, United
States Department of Justice, and should refer to United States and New
Jersey Department of Environmental Protection v. Wyeth Holdings LLC,
D.J. Ref. No. 90-11-3-07250/4. All comments must be submitted no later
than sixty (60) days after the publication date of this notice.
Comments may be submitted either by email or by mail:
[[Page 86383]]
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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 consent decree upon email request to [email protected].
Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2023-27251 Filed 12-12-23; 8:45 am]
BILLING CODE 4410-15-P