[Federal Register Volume 74, Number 106 (Thursday, June 4, 2009)]
[Notices]
[Pages 26889-26890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13018]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Amended Consent Decree Under the 
Comprehensive Environmental Response, Compensation, and Liability Act

    Notice is hereby given that on May 22, 2009, an Amended Consent 
Decree in United States v. Northrop Grumman Space & Mission Systems 
Corp., et al., Civil Action No. 09-0866, was lodged with the United 
States District Court for the Central District of California.
    The Amended Consent Decree is nearly identical to the Consent 
Decree that was lodged by the United States in February of 2009, on 
behalf of the United States Environmental Protection Agency (``EPA''), 
and the California Department of Toxic Substances Control (``DTSC'') 
under Section 107 of the Comprehensive Environmental Response, 
Compensation, and Liability Act, 42 U.S.C. 9606 and 9607, et seq., and 
Section 7003 of the Resource Conservation and Recovery Act, as

[[Page 26890]]

amended, 42 U.S.C. 6973, related to the releases and threatened 
releases of hazardous substances at the Puente Valley Operable Unit of 
the San Gabriel Valley Area 4 Superfund Site (``Site'') in Los Angeles 
County, California. The only differences between the Amended Consent 
Decree and the original are the addition of two entities related to 
Northrop Grumman Space & Mission Systems Corp. (``Northrop'' or 
``Performing Settling Defendant''), and some minor clerical edits.
    The Amended Consent Decree, like the Consent Decree that was lodged 
in February of 2009, resolves the liability of the Performing Settling 
Defendant and 43 cashout parties associated with 17 source properties 
and their related entities (``Contributing Settling Defendants'') with 
respect to the groundwater contamination and its investigation and 
treatment as set forth in the Interim Record of Decision, as modified 
by the Explanation of Significant Differences.
    The Amended Consent Decree requires the Performing Settling 
Defendant, on behalf of all of the Settling Defendants, to construct 
the intermediate zone remedy to address groundwater contamination and 
operate it for eight years from the operational and functional date of 
the groundwater treatment system for the intermediate zone at an 
estimated cost of $21 million, pay $465,420.90 to EPA for past costs, 
and pay $90,000 to DTSC for past response costs. The Performing 
Settling Defendant represents that between 2002 and June 30, 2007, it 
incurred costs in excess of seven million dollars ($7 million) to 
implement the intermediate zone remedial action in compliance with 
Unilateral Administrative Order No. 2002-06 issued on March 21, 2002, 
pending negotiations of the Consent Decree. Settling Defendants who 
currently own source properties within the PVOU are required to provide 
access and all of the Settling Defendants are required to retain 
records and provide EPA access to information. The Amended Consent 
Decree gives all Settling Defendants a covenant not to sue. The Amended 
Consent Decree reserves the United States' right to sue the Settling 
Defendants for the final Record of Decision and is subject to standard 
reopeners and reservations of rights.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
Amended Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
either e-mailed to [email protected] or mailed to P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States v. Northrop Grumman Space & Mission Systems 
Corp., D.J. Ref. 90-11-2-354/16. Commenters may request an opportunity 
for a public meeting in the affected area, in accordance with Section 
7003 of RCRA, 42 U.S.C. 6973(d).
    The Amended Consent Decree may be examined at U.S. EPA Region IX at 
75 Hawthorne Street, San Francisco, California 94105. During the public 
comment period, the Amended Consent Decree may also be examined on the 
following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Amended Consent Decree may also be 
obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611 or by faxing or e-
mailing a request to Tonia Fleetwood ([email protected]), fax 
no. (202) 514-0097, phone confirmation number (202) 514-1547. In 
requesting a copy from the Consent Decree Library, please enclose a 
check in the amount of $95.50 (25 cents per page reproduction cost) 
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.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E9-13018 Filed 6-3-09; 8:45 am]
BILLING CODE 4410-15-P