Notice2026-19637
Notice of Lodging of Proposed Modification to Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act
Primary source
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Published
September 25, 2026
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 91 Issue 185 (Friday, September 25, 2026)</title>
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[Federal Register Volume 91, Number 185 (Friday, September 25, 2026)]
[Notices]
[Page 60983]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19637]
[[Page 60983]]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Modification to Consent Decree
Under the Comprehensive Environmental Response, Compensation, and
Liability Act
On September 22, 2026, the Department of Justice lodged with the
United States District Court for the Northern District of West Virginia
a proposed modification to the consent decree entered by the Court on
March 21, 2019 in the lawsuit entitled United States of America and
State of West Virginia v. Exxon Mobil Corporation, Civil Action No.
1:18-00195-TSK.
The Consent Decree resolved claims asserted by the United States
and the State of West Virginia against Exxon Mobil Corporation
(``Exxon'') for injunctive relief and costs pursuant to Sections 106
and 107 of the Comprehensive Environmental Response, Compensation, and
Liability Act (``CERCLA''), 42 U.S.C. 9606 and 9607, in connection with
the Sharon Steel Corporation/Fairmont Coke Works Superfund Site in
Fairmont, West Virginia (``Site'').
The Consent Decree, among other things, requires Exxon to implement
the remedy selected by EPA for the Site in a Record of Decision
(``ROD''), dated December 19, 2017. That remedy included installation
of a permeable reactive barrier to address groundwater contamination,
remediation of wetlands, and institutional controls. Exxon has
completed the wetlands remediation and institutional controls
components of the selected remedy.
In planning for the groundwater component of the selected remedy,
the Parties determined that a permeable reactive barrier would not be
effective in achieving the remedial action objectives in the estimated
time frame identified in the ROD and would require perpetual
maintenance. In lieu of a permeable reactive barrier, Exxon developed
and proposed a more direct source of treatment--Liquid Alkaline
Injection--which can remediate contaminated groundwater more quickly
and effectively than the reactive barrier.
Earlier this year, following a 30-day public comment period, EPA
amended the ROD for the Site to require Liquid Alkaline Injection
rather than a permeable reactive barrier. The proposed modification
would (1) require Exxon to implement the groundwater component of the
selected remedy as amended by the 2026 ROD amendment, (2) modify
related provisions of the Consent Decree, and (3) update notice and
reporting requirements.
The publication of this notice opens a period for public comment on
the modification to consent decree. Comments should be addressed to the
Assistant Attorney General, Energy and Natural Resources Division, and
should refer to United States and State of West Virginia v. Exxon Mobil
Corporation, D.J. Ref. No. 90-11-3-06663/2. 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#ed9d988f8e828080888399c088889ec388839f89ad989e898287c38a829b"><span class="__cf_email__" data-cfemail="7c0c091e1f1311111912085119190f5219120e183c090f181316521b130a">[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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Any comments submitted in writing may be filed in whole or in part
on the public court docket without notice to the commenter.
During the public comment period, the modification to 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>. If you require
assistance accessing the modification to consent decree, you may
request assistance by email or by mail to the addresses provided above
for submitting comments.
Jason A. Dunn,
Assistant Section Chief, Environmental Enforcement Section, Energy and
Natural Resources Division.
[FR Doc. 2026-19637 Filed 9-24-26; 8:45 am]
BILLING CODE 4410-15-P
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</html>Indexed from Federal Register on September 25, 2026.
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