[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Notices]
[Page 7862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01416]


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DEPARTMENT OF JUSTICE


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

    On January 17, 2017, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Eastern 
District of Wisconsin in the lawsuit entitled United States and the 
State of Wisconsin v. NCR Corp., et al., Civil Action No. 10-cv-910.
    In 2010, the United States and the State of Wisconsin filed this 
action under the Comprehensive Environmental Response, Compensation, 
and Liability Act, 42 U.S.C. 9601 et seq. (``CERCLA''). The United 
States and the State brought claims against NCR Corporation (``NCR''), 
Appvion, Inc. (``Appvion''), and other defendants for recovery of 
response costs and natural resource damages, as well as enforcement of 
an administrative cleanup order issued by the U.S. Environmental 
Protection Agency (``EPA''), concerning polychlorinated biphenyl 
contamination in sediment at the Lower Fox River and Green Bay 
Superfund Site in northeastern Wisconsin (the ``Site''). Most of the 
original defendants entered into earlier, court-approved settlements 
with the United States and the State.
    The proposed Consent Decree with two remaining defendants--NCR and 
Appvion--would require NCR to continue and complete the ongoing 
sediment remediation work at the Site, which is currently being 
performed under EPA's cleanup order. The settlement requires NCR to 
finish most of that work by the end of 2018, including the dredging and 
off-Site disposal of contaminated sediment located in the last few 
miles of the Lower Fox River and Green Bay. In return, the United 
States and the State agree not to continue pursuing their claims for 
the Site against NCR and Appvion under sections 106 and 107 of CERCLA. 
Under EPA's cleanup order and prior court orders in the litigation, 
other defendants will have primary responsibility for long-term 
monitoring and maintenance of specially-engineered sediment containment 
caps installed in some portions of the river. The United States and the 
State also will continue their pursuit of cost recovery claims against 
one non-settling defendant, P.H. Glatfelter Company.
    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 United States and the State of Wisconsin v. NCR Corp., 
et al., D.J. Ref. No. 90-11-2-1045/3. 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: https://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 $17.50 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Randall M. Stone,
Acting Assistant Section Chief, Environmental Enforcement Section, 
Environment and Natural Resources Division.
[FR Doc. 2017-01416 Filed 1-19-17; 8:45 am]
 BILLING CODE 4410-15-P