Notice2023-00530
Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act
Primary source
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Published
January 12, 2023
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 88 Issue 8 (Thursday, January 12, 2023)</title>
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[Federal Register Volume 88, Number 8 (Thursday, January 12, 2023)]
[Notices]
[Pages 2133-2134]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00530]
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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 16, 2022, 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. Alden Leeds, Inc., et al., Civil
Action No. 2:22-cv-07326. The proposed Consent Decree resolves the
United States' claim against 85 defendants under section 107(a) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (``CERCLA''), 42 U.S.C. 9607(a), relating to Operable Unit 2
and Operable Unit 4 of the Diamond Alkali Superfund Site (``Site'') in
New Jersey.
In the proposed Consent Decree, the 85 Settling Defendants agree to
pay $150 million in cleanup costs. EPA Region 2's estimated future
cleanup costs for Operable Unit 2 and Operable Unit 4 of the Site are
$1.82 billion. EPA sponsored an allocation process, which involved
hiring a third party neutral to perform an allocation. The process
concluded in December 2020 with a Final Allocation Recommendation
Report that recommends relative shares of responsibility for each
allocation party's facility or facilities evaluated in the allocation.
After review of the Final Allocation Recommendation Report, EPA
identified the parties who were eligible to participate in the proposed
Consent Decree. Based on the results of the allocation, the United
States concluded that the Settling Defendants, individually and
collectively, are responsible for a minor share of the response costs
incurred and to be incurred at or in connection with the cleanup of
Operable Unit 2 and Operable Unit 4, for releases from the facilities
identified in the proposed Consent Decree. Certain Settling Defendants
had previously resolved their liability for Operable Unit 2, and so
were not evaluated in the allocation, but are participating in the
proposed Consent Decree in order to resolve their liability for
Operable Unit 4. The Consent Decree includes covenants not to sue
related to Operable Unit 2 and Operable Unit 4 under sections 106 and
107(a) of CERCLA, as well as contribution protection under section 113
of CERCLA. The consent decree does not include reopeners for previously
unknown conditions or information, or for cost overruns, but the
settlement amount collectively paid by the Setting Defendants protects
against the risk that future costs will exceed EPA's estimate of the
future cleanup costs for Operable Unit 2 and Operable Unit 4.
On December 22, 2022, the Department of Justice published a notice
in the Federal Register opening a public comment period on the consent
decree for a period of forty-five (45) days. 87 FR 78711. By this
notice, the Department of Justice is extending the public comment by an
additional forty-five (45) days, through March 22, 2023. Comments
should be addressed to the Assistant Attorney General, Environment and
Natural Resources Division, and should refer to United States v. Alden
Leeds, Inc., et al., Civil Action No. 2:22-cv-07326, D.J. Ref. No. 90-
11-3-07683/1. All comments must be submitted no later than March 22,
2023. 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="1a6a6f78797577777f746e377f7f69347f74687e5a6f697e7570347d756c">[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 proposed Consent Decree 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 proposed modification 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 $36.25 (25 cents per page
reproduction cost) payable to the United States Treasury. In addition,
the Final Allocation Recommendation Report
[[Page 2134]]
may be examined at this EPA website: <a href="https://semspub.epa.gov/src/collection/02/SC41378">https://semspub.epa.gov/src/collection/02/SC41378</a>.
Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2023-00530 Filed 1-11-23; 8:45 am]
BILLING CODE 4410-CW-P
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