[Federal Register Volume 73, Number 237 (Tuesday, December 9, 2008)]
[Notices]
[Page 74752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29063]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation and Liability Act

    In accordance with Section 122 of the Comprehensive Environmental 
Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9622, 
the Department of Justice gives notice that a proposed Consent Decree 
in United States v. FMC Corporation and BAE Systems Land & Armaments, 
LLP, Civil No. 08-cv-06240 (D. Minn.), was lodged with the United 
States District Court for the District of Minnesota on December 3, 
2008, pertaining to the Naval Industrial Reserve Ordnance Plant 
Superfund Site (the ``Site''), located in Fridley, Anoka County, 
Minnesota. In this action, the United States brought civil claims under 
Sections 107 and 113(g)(2) of CERCLA, 42 U.S.C. 9607 and 9613(g)(2), 
against FMC Corporation (``FMC'') and BAE Systems Land & Armaments, LLP 
(``BAE Systems'') (collectively, ``Settling Defendants') for recovery 
of response costs incurred and to be incurred by the United States at 
the Site.
    The proposed Consent Decree requires FMC and BAE Systems to 
reimburse the United States $4.14 million in payment of the Navy's 
response costs, and $460,000 in payment of EPA's response costs, 
incurred at the Site. A portion, $850,000, of the total payment has 
been designated as ``Consent Decree Unallowed Costs'' under Settling 
Defendants' Federal Contracts.
    The Department of Justice will receive, for a period of fifteen 
(15) days from the date of this publication, comments relating to the 
proposed Consent Decree. Commenters may request an opportunity for a 
public meeting in the affected area, in accordance with Section 7003(d) 
of the Resource Conservation and Recovery Act, 42 U.S.C. 6973(d). 
Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, and either emailed to 
[email protected] or mailed to United States Department of 
Justice, P.O. Box 7611, Washington, DC 20044-7611, and should refer to 
United States v. FMC Corporation and BAE Systems Land & Armaments, LLP, 
Civil No. 08-cv-06240 (D. Minn.), and DOJ Reference No. 90-11-3-07002/
1.
    The proposed Consent Decree may be examined at: (1) The Office of 
the United States Attorney for the District of Minnesota, 600 U.S. 
Courthouse, 300 South Fourth St., Minneapolis, MN 55415 ((612) 664-
5697); (2) the United States Environmental Protection Agency (Region 
5), 77 West Jackson Blvd., Chicago, IL 60604-3507 (contact: Timothy 
Thurlow (312) 886-6623); or (3) United States Department of Navy, 
Office of General Counsel, 720 Kennon St. SE., Bldg. 36, Rm. 233, 
Washington, DC 20374-5013 (contact: Perry Sobel (202) 685-6997).
    During the public comment period, the proposed Consent Decree may 
also be examined on the following U.S. Department of Justice website, 
http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the proposed 
Consent Decree may also be obtained by mail from the Consent Decree 
Library, U.S. Department of Justice, P.O. Box 7611, Washington, DC 
20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood 
([email protected]), fax no. (202) 514-0097, phone confirmation 
no. (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please refer to the referenced case and DOJ Reference Number 
and enclose a check in the amount of $17.75 for the Consent Decree (71 
pages including appendices, at 25 cents per page reproduction costs), 
made payable to the U.S. Treasury or, if by e-mail or fax, forward a 
check in that amount to the Consent Decree Library at the stated 
address.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E8-29063 Filed 12-8-08; 8:45 am]
BILLING CODE 4410-15-P