Notice2022-21644
Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act
Primary source
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Published
October 5, 2022
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 87 Issue 192 (Wednesday, October 5, 2022)</title>
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[Federal Register Volume 87, Number 192 (Wednesday, October 5, 2022)]
[Notices]
[Page 60416]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21644]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the
Comprehensive Environmental Response, Compensation and Liability Act
On September 30, 2022, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the District
of Montana in the lawsuit entitled United States v. Atlantic Richfield
Company, Civil Action No. CV89-039-BU-SEH.
The Consent Decree would resolve the United States' and State of
Montana's claims against the Atlantic Richfield Company under Section
107(a) of the Comprehensive Environmental Response, Compensation, and
Liability Act, 42 U.S.C. 9607(a), and the Montana Comprehensive
Environmental Cleanup and Responsibility Act, 75-10-701, et seq., for
the recovery of costs related to the release of hazardous substances at
the Anaconda Smelter NPL Site (the ``Site'') in Deer Lodge County,
Montana. The Consent Decree would require Atlantic Richfield to
reimburse the United States for $48,000,000 in past response costs and
future oversight costs that have been or will be incurred in responding
to contamination at the Site. AR will also pay the U.S. Forest Service
$185,752 to reimburse anticipated future costs that will be spent
overseeing Atlantic Richfield's remedial activities on U.S. Forest
Service administered lands. Finally, AR will complete all cleanup
actions required under the various Records of Decision, amendments
thereto, and other decision documents issued by the U.S. Environmental
Protection Agency (``EPA'') for the Site. Many of these actions have
already been initiated and completed or substantially completed by
Atlantic Richfield pursuant to various unilateral administrative orders
issued by EPA since the 1990s.
The estimated cost of the work required of Atlantic Richfield under
the Consent Decree is $83.1 million. This includes future long-term
operation and maintenance activities to assure the protectiveness of
the Site remedies. AR will provide financial assurance through letters
of credit and/or surety bonds to guarantee funds for this amount.
Finally, upon entry of the proposed Consent Decree, the obligations
that AR assumed under the 2020 Partial Consent Decree for the Anaconda
Smelter NPL Site will be incorporated into and superseded by the more
extensive requirements of this Consent Decree.
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, and
should refer to United States and State of Montana v. Atlantic
Richfield Company, D.J. Ref. No. 90-11-2-430. 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:
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To submit comments: Send them to:
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By email............................ <a href="/cdn-cgi/l/email-protection#abdbdec9c8c4c6c6cec5df86ceced885cec5d9cfebded8cfc4c185ccc4dd"><span class="__cf_email__" data-cfemail="9eeeebfcfdf1f3f3fbf0eab3fbfbedb0fbf0ecfadeebedfaf1f4b0f9f1e8">[email protected]</span></a>.
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
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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 Consent Decree and its five
(5) appendices may be examined and downloaded at this Justice
Department website: <a href="https://www.justice.gov/enrd/consent-decrees">https://www.justice.gov/enrd/consent-decrees</a>. We
will provide a paper copy of the Consent Decree without the appendices
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 $28.50 (25 cents per page
reproduction cost) payable to the United States Treasury for a paper
copy of the Consent Decree without the appendices.
Susan Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2022-21644 Filed 10-4-22; 8:45 am]
BILLING CODE 4410-15-P
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