Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act, 86382-86383 [2023-27251]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 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 VerDate Sep<11>2014 16:54 Dec 12, 2023 Jkt 262001 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] BILLING CODE 4410–15–P PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 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: E:\FR\FM\13DEN1.SGM 13DEN1 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, VerDate Sep<11>2014 16:54 Dec 12, 2023 Jkt 262001 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] BILLING CODE P 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 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 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. E:\FR\FM\13DEN1.SGM 13DEN1

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.
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    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
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