Notice of Lodging of Proposed Second Amendment to Consent Decree Under CERCLA

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Published

July 19, 2023

Issuing agencies

Justice Department

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<title>Federal Register, Volume 88 Issue 137 (Wednesday, July 19, 2023)</title>
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[Federal Register Volume 88, Number 137 (Wednesday, July 19, 2023)]
[Notices]
[Pages 46185-46186]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15287]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Second Amendment to Consent Decree 
Under CERCLA

    On July 12, 2023, the Department of Justice lodged a proposed 
Second Amendment To Consent Decree with the United States District 
Court for the Northern District of New York in the lawsuit entitled 
United States of America v. Boise Cascade Corporation, et al., Civil 
Case No. 97-cv-1704 (TJM).
    The proposed Second Amendment To Consent Decree is intended to 
modify the Consent Decree entered by the Court on February 20, 1998, as 
amended by the First Amendment To Consent Decree, entered by the Court 
on June 7, 2005. The Complaint in this matter was filed on November 20, 
1997. Under the Consent Decree, as amended in 2005, Settling Defendants 
are required to perform remedial work at the Sealand Superfund 
Restoration Site (``the Site'') located in Lisbon, New York and to 
reimburse the Environmental Protection Agency's response costs 
pertaining to this Site in accordance with the requirements of the 
Comprehensive Environmental Response, Compensation and Liability Act 
(``CERCLA''), 42 U.S.C. 9601-9675. One of the Settling Defendants, SBC 
Holdings Inc. (``SBC''), now lacks the financial capability to continue 
these obligations. The proposed Second Amendment To Consent Decree 
includes an ability-to-pay-cash-out settlement with SBC in which it 
will pay $150,000 and removes SBC as a Settling Defendant responsible 
for future work and costs at the Site. The remaining Settling 
Defendants have agreed to the proposed Second Amendment and will 
continue to be jointly and severally liable for all work and costs at 
the Site.
    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 of America v. Boise Cascade Corporation, 
et al., Civil Case No. 97-cv-1704 (TJM), D.J. Ref. No. 90-11-3-1144/1. 
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#2656534445494b4b4348520b434355084348544266535542494c08414950"><span class="__cf_email__" data-cfemail="10606572737f7d7d757e643d7575633e757e6274506563747f7a3e777f66">[email&#160;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 Consent Decree may be 
examined and downloaded at this Justice Department website: <a href="http://www.justice.gov/enrd/consent-decrees">http://www.justice.gov/enrd/consent-decrees</a>. We will provide a paper copy of 
the Consent Decree upon written request and payment of reproduction 
costs. Please mail your request for a paper copy 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 $5.75 (25 cents per page

[[Page 46186]]

reproduction cost), payable to the United States Treasury.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2023-15287 Filed 7-18-23; 8:45 am]
BILLING CODE 4410-15-P


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