Notice2023-17905
Notice of Lodging of Proposed Agreed Modification of Consent Decree Under The Comprehensive Environmental Response, Compensation, and Liability Act
Primary source
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Published
August 21, 2023
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 88 Issue 160 (Monday, August 21, 2023)</title>
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[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Notices]
[Pages 56883-56884]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17905]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Agreed Modification of Consent
Decree Under The Comprehensive Environmental Response, Compensation,
and Liability Act
On August 11, 2023, the Department of Justice lodged a proposed
Agreed Modification of the Consent Decree with the United States
District Court for the Western District of Michigan in the lawsuit
entitled United States of America and the State of Michigan v. NCR
Corporation, Civil Action No. 1:19-cv-01041.
The United States, on behalf of the United States Environmental
Protection Agency (``EPA''), and the State of Michigan, on behalf
Michigan Department of Environment, Great Lakes, and Energy, filed suit
in 2019 against NCR Corporation (``NCR'') under the Comprehensive
Environmental Response, Compensation, and Liability Act for the
recovery of response costs and the performance of response work at the
Allied Paper, Inc./Portage Creek/Kalamazoo River Superfund Site in
Michigan (the ``Site'').
The Agreed Modification concern the provisions of the Original
Consent Decree relating to Operable Unit 5, Area 3 (``OU5, Area 3'') of
the Site, constituting a portion of the Kalamazoo River. The Original
Consent Decree included a template Agreed Modification to amend the
Decree to add the OU5, Area 3 Record of Decision and an updated
Statement of Work. In May 2022, EPA issued the ROD for OU5, selecting a
remedy with a current estimated cost of $34,000,000. This proposed
Agreed Modification of the Consent Decree follows the template from the
Original Consent Decree and will govern NCR's performance of that work.
Additionally, the Agreed Modification also makes one minor
clarifying correction to the Original Consent Decree regarding how NCR
should make installment payments to EPA for future response costs,
specifying that the payments should go to the Financial Litigation
Unit.
The publication of this notice opens a period for public comment on
the Agreed Modification of 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 and
the State of Michigan v. NCR Corporation, D.J. Ref. No. 90-11-2-07912/
11. 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#3a4a4f58595557575f544e175f5f49145f54485e7a4f495e5550145d554c"><span class="__cf_email__" data-cfemail="b4c4c1d6d7dbd9d9d1dac099d1d1c79ad1dac6d0f4c1c7d0dbde9ad3dbc2">[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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[[Page 56884]]
During the public comment period, the proposed Agreed Modification
of the 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 Agreed Modification of
the 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 $57.25 (25 cents per page
reproduction cost) payable to the United States Treasury.
Patricia McKenna,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2023-17905 Filed 8-18-23; 8:45 am]
BILLING CODE 4410-15-P
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