[Federal Register Volume 80, Number 229 (Monday, November 30, 2015)]
[Notices]
[Page 74811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30229]



[[Page 74811]]

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DEPARTMENT OF JUSTICE


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

    On November 23, 2015, the Department of Justice lodged a proposed 
partial consent decree with the United States District Court for the 
District of Arizona in El Paso Natural Gas Company, LLC v. United 
States of America, et al., Civil Action No. 3:14-cv-08165-DGC.
    The proposed consent decree would resolve the claims of the United 
States included in this action for the past response costs incurred by 
the United States Environmental Protection Agency (``EPA'') in 
addressing the release or threatened release of hazardous substances at 
and from 19 historical uranium mines located on the Navajo Nation 
Reservation in and around Cameron, Arizona (``the Mine Sites''). The 
Mine Sites are a subset of a larger number of abandoned uranium mines 
on Navajo lands. The United States included a claim for recovery of its 
response costs at the Mine Sites under section 107 of the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA) in a 
counterclaim it brought against El Paso Natural Gas Company, LLC 
(``EPNG'') in this action after EPNG sued the United States under 
sections 107 and 113 of CERCLA to recover EPNG's response costs at the 
Mine Sites. Under the consent decree, EPNG will pay the United States 
$502,500, plus interest, to be deposited in an EPA special account for 
cleanup of the Mine Sites. In return, the United States agrees not to 
sue EPNG under section 107 of CERCLA for EPA's past response costs 
incurred in connection with the Mine Sites. The consent decree is a 
partial settlement in that it would not resolve, and would be without 
prejudice to, the claims EPNG asserted against the United States in 
this action, or the portion of the United States' counterclaim 
asserting that EPNG is liable to the United States in contribution 
under section 113 of CERCLA. Nor does the consent decree address 
response costs incurred and to be incurred in cleaning up hazardous 
substances at or from other abandoned uranium mines located on the 
Navajo Nation that are not involved in this action.
    The publication of this notice opens a period for public comment on 
the consent decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to El Paso Natural Gas Company, LLC v. United States of 
America, et al., D.J. Ref. No. 90-11-3-11170. 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............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    During the public comment period, the consent decree may be 
examined and downloaded at this Justice Department Web site: http://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the consent decree upon written request and payment of reproduction 
costs. Please mail your request and payment to: Consent Decree Library, 
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $7.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2015-30229 Filed 11-27-15; 8:45 am]
 BILLING CODE 4410-15-P