[Federal Register Volume 82, Number 16 (Thursday, January 26, 2017)]
[Notices]
[Pages 8541-8542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01715]


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DEPARTMENT OF JUSTICE


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

    On December 22, 2016, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of Rhode Island in the lawsuit entitled United States v. ACS 
Industries, Inc. et al., Civil Action No. 1:16-cv-00665-S-LDA.
    The proposed Consent Decree (``Decree'') relates to the Second 
Operable Unit (``OU2'') of the Peterson/Puritan, Inc. Superfund Site 
located in Lincoln and Cumberland, Rhode Island. There are 91 Settling 
Defendants. Under the proposed Consent Decree, the 22 Settling 
Performing Defendants agree to perform the remedy selected by the

[[Page 8542]]

Environmental Protection Agency (``EPA'') for OU2, pay EPA's interim 
response costs (response costs incurred from September 30, 2015 to the 
date the Consent Decree is approved by the Court), and pay future 
oversight costs of both EPA and the State of Rhode Island. The 69 
Settling De Minimis Defendants agree to pay a total of approximately 
$8.5 million to fund performance of work at OU2. The Settling De 
Minimis Federal Agencies (United States Postal Service, the United 
States Department of Veterans Affairs, the United States Department of 
Defense, and the United States Department of the Treasury (IRS)), are 
paying an additional $975,000 to fund performance of the work at OU2 to 
resolve alleged contribution liability at OU2. The Statement of Work, 
included as Appendix K to the Decree, provides the framework for 
implementation of the cleanup plan as set forth in the Record of 
Decision (``ROD'') signed by the Regional Administrator for Region 1 of 
EPA on September 8, 2015. Among other things, the selected remedy calls 
for the construction of a multi-layer impermeable cap over the J.M. 
Mills Landfill and the Nunes Parcel. The Remedial Design, Remedial 
Action, and Operations and Maintenance at OU2 are estimated to cost 
approximately $40.3 million. Over the past decade, EPA has recovered 
about $8.4 million from potentially responsible parties at OU2 that 
have filed for bankruptcy. EPA will make these funds available to the 
Settling Performing Defendants to partially fund the work. The 
settlement will not recover EPA's past costs related to OU2, which are 
about $3.4 million.
    The United States has provided all of the Settling Defendants with 
a covenant not to sue under Sections 106 and 107(a) of Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA''), 
and Section 7003 of Resource Conservation and Recovery Act (``RCRA''), 
relating to OU2. The covenant provided to the Settling Performing 
Defendants has a reopener for new information and unknown conditions. 
The covenant provided to the Settling De Minimis Defendants does not 
have a reopener for new information or unknown conditions. EPA has 
agreed not to take administrative action against the Settling De 
Minimis Federal agencies pursuant to Sections 106 and 107(a) of CERCLA, 
and Section 7003 of RCRA, relating to OU2.
    The State of Rhode Island has filed a complaint related to this 
matter in State of Rhode Island v. ACS Industries, Inc., Civil Action 
No. 1:17-cv-00024, and is a party to the settlement.
    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 v. ACS Industries, Inc. et al., Civil 
Action No. 1:16-cv-00665-S-LDA, D.J. Ref. No. 90-11-3-1233/9. 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 e-mail...........................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    Under section 7003(d) of RCRA, a commenter may request an 
opportunity for a public meeting in the affected area.
    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 $206.50 (25 cents per 
page reproduction cost) payable to the United States Treasury. For a 
paper copy without the exhibits and signature pages, the cost is 
$28.50.

Robert E. Maher Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2017-01715 Filed 1-25-17; 8:45 am]
 BILLING CODE 4410-15-P