[Federal Register Volume 76, Number 250 (Thursday, December 29, 2011)]
[Notices]
[Page 81967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33500]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on December 21, 2011, the United States 
lodged a proposed First Amended Consent Decree with Defendants Intel 
Corporation and Raytheon Company, in United States v. Intel Corporation 
and Raytheon Company, Civil Action No. 91-CV-20275 JW (N.D. Cal.), with 
respect to the Middlefield-Ellis-Whisman Superfund Site in Mountain 
View, California (the ``MEW Site'').
    On December 21, 2011, the United States and Defendants filed a 
joint stipulation to amend the Consent Decree that was entered by the 
Court on April 10, 1992. After the U.S. Environmental Protection Agency 
(``EPA'') had certified the completion of initial work under the 
Consent Decree, EPA received information indicating that the remedy set 
forth in EPA's Record of Decision issued on June 9, 1989, as clarified 
by a September 1990 Explanation of Significant Differences (``ROD''), 
was not protective of human health and the environment because the 
remedy in the ROD did not address exposure to contaminants at the MEW 
Site through the vapor intrusion pathway. On August 16, 2010, EPA 
issued an Amendment to the ROD to address the vapor intrusion pathway. 
The proposed First Amended Consent Decree amends the Consent Decree to 
include work required to implement the vapor intrusion remedy as set 
forth in EPA's Statement of Work for Remedial Design and Remedial 
Action to Address the Vapor Intrusion Pathway, which is attached as 
Appendix F to the First Amended Consent Decree.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the First 
Amended Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
either emailed 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. Intel Corporation and Raytheon Company, D.J. 
Ref. 90-11-2-244.
    The First 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 First 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 First 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 emailing 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 $29.25 (without 
appendices) or $101.75 (with appendices) (25 cents per page 
reproduction cost) payable to the U.S. Treasury or, if by email or fax, 
forward a check in that amount to the Consent Decree Library at the 
stated address.

Henry Friedman,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2011-33500 Filed 12-28-11; 8:45 am]
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