Notice2022-27487
Notice of Proposed Settlement Agreement Under the Comprehensive Environmental Response, Compensation and Liability Act and the Delaware Hazardous Substances Cleanup Act
Primary source
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Published
December 20, 2022
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 87 Issue 243 (Tuesday, December 20, 2022)</title>
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[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Notices]
[Pages 77893-77894]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27487]
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JUSTICE DEPARTMENT
Notice of Proposed Settlement Agreement Under the Comprehensive
Environmental Response, Compensation and Liability Act and the Delaware
Hazardous Substances Cleanup Act
Notice is hereby given that the United States of America, on behalf
of the National Oceanic and Atmospheric Administration (``NOAA'') and
the Department of the Interior (``DOI''), acting through the Fish and
Wildlife Service, in collaboration with the State of Delaware, on
behalf of the Delaware Department of Natural Resources and
Environmental Control (``DNREC'') (collectively, the ``Trustees''), are
providing an opportunity for public comment on a proposed Settlement
Agreement (``Settlement Agreement'') between the Trustees and the E.I.
du Pont de Nemours and Co. and The Chemours Co. FC, LLC (``Settling
Defendants''). The Agreement resolves natural resource damages claims
under section 107(a) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (``CERCLA''), 42
U.S.C. 9607(a), and the Delaware Hazardous Substances Cleanup Act, 7
Del. C. chapter 91, related to the alleged release of hazardous
substances from two manufacturing facilities owned and/or operated by
the Settling Defendants. These now-shuttered facilities are the Edge
Moor Plant and the Hay Road Iron Rich Landfill in New Castle County,
Delaware. The alleged release of hazardous substances specifically led
to injury to, impairment of, destruction of, loss of, diminution of
value of, and/or loss of use of natural resources, including the
reasonable costs of assessing the injuries.
Under the Settlement Agreement, the Settling Defendants will pay a
total of $1,071,755.84 to resolve the Trustees' claims. Of this amount,
$808,500 will be available for natural resource restoration projects to
be selected by the Trustees in the future and implemented in the
vicinity of the Site to compensate the public for the natural resource
damages. The remaining $263,255.84 will be allocated to the Trustees'
for reimbursement of their natural resource damages assessment costs.
Specifically, $172,397.64 will go to NOAA; $1,204.40 to DOI; and
$89,653.80 to DNREC.
The publication of this notice opens a period for public comment on
the proposed Settlement Agreement. Comments on the proposed Settlement
Agreement should be addressed to the Assistant Attorney General,
Environment and Natural Resources Division, and should refer to The
Chemours/DuPont Edge Moor Settlement Agreement, D.J. Ref. No. 90-5-1-1-
12319. All comments must be submitted no later than thirty (30) days
after the publication date of this notice.
[[Page 77894]]
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#fc8c899e9f939191999288d199998fd299928e98bc898f989396d29b938a"><span class="__cf_email__" data-cfemail="38484d5a5b5755555d564c155d5d4b165d564a5c784d4b5c5752165f574e">[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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During the public comment period, the Settlement Agreement may be
examined and downloaded at this Justice Department website: <a href="https://www.justice.gov/enrd/consent-decree/us-et-al-v-ei-du-pont-de-nemours-and-company-and-chemours-company-fc-llc">https://www.justice.gov/enrd/consent-decree/us-et-al-v-ei-du-pont-de-nemours-and-company-and-chemours-company-fc-llc</a>. 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 $4.25 (25 cents per page
reproduction cost) payable to the United States Treasury.
Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2022-27487 Filed 12-19-22; 8:45 am]
BILLING CODE 4410-15-P
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