[Federal Register Volume 77, Number 96 (Thursday, May 17, 2012)]
[Notices]
[Page 29361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11907]


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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 May 10, 2012, a proposed Consent 
Decree was lodged with the United States District Court for the 
District of Massachusetts in United States v. Bayer CropScience Inc. et 
al., Civil Action No. 1:12-cv-10847-WGY. In this action, the United 
States filed a complaint, also on May 10, 2012, under Section 107(a) of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act, 42 U.S.C. 9607(a), alleging that Bayer CropScience Inc. and 
Pharmacia Corporation (``Settling Defendants'') are liable for damages 
for injury to, destruction of, or loss of natural resources, including 
the reasonable cost of assessing such injury, destruction, or loss, at 
the Industri-plex Superfund Site, located in Woburn, Massachusetts. The 
Commonwealth of Massachusetts filed a similar complaint on the same 
date. Commonwealth of Massachusetts v. Bayer CropScience Inc. et al., 
Civil Action No. 1:12-cv-10849. At the same time as it filed its 
complaint, the United States lodged a proposed Consent Decree, entered 
into by the United States, the Commonwealth of Massachusetts, and the 
Settling Defendants, which resolves those claims and which requires the 
Settling Defendants to (a) pay $3,812,127 to the Department of the 
Interior's Natural Resource Damage Assessment and Restoration Fund, to 
be used by the federal and state natural resource trustees to implement 
natural resource restoration projects and to reimburse their 
administrative costs associated with such projects, (b) pay $357,319 to 
the United States to reimburse the United States Department of the 
Interior for its assessment costs, (c) pay $42,815 to the United States 
to reimburse the National Oceanic and Atmospheric Administration for 
its assessment costs, and (d) pay $37,739 to the Commonwealth of 
Massachusetts to reimburse the Massachusetts Executive Office of Energy 
and Environmental Affairs for its assessment costs.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States v. Bayer CropScience Inc., D.J. Ref. 90-11-2-
228/7. Comments may also be submitted by email to [email protected]. A copy of the comments should be sent to Donald G. 
Frankel, Senior Counsel, Environmental Enforcement Section, Department 
of Justice, Suite 616, One Gateway Center, Newton, MA 02458 
([email protected]).
    During the public comment period, the Consent Decree may be 
examined on the following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the 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 ``Consent Decree Copy'' 
([email protected]), fax no. (202) 514-0097, phone confirmation 
number (202) 514-5271. In requesting a copy of the Consent Decree from 
the Consent Decree Library, please enclose a check in the amount of 
$5.50 (25 cents per page reproduction cost) payable to the U.S. 
Treasury (if the request is by fax or email, forward a check to the 
Consent Decree library at the address stated above).

Ronald G. Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2012-11907 Filed 5-16-12; 8:45 am]
BILLING CODE 4410-15-P