[Federal Register Volume 85, Number 186 (Thursday, September 24, 2020)]
[Notices]
[Page 60269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21049]


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DEPARTMENT OF JUSTICE


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

    On September 17, 2020, the United States lodged a proposed Consent 
Decree with the United States District Court for the Western District 
of Kentucky in the lawsuit entitled United States v. Goodrich 
Corporation, Westlake Vinyls, Inc., and PolyOne Corporation, Civil 
Action No. 5:20-cv-00154-TBR.
    The proposed Consent Decree resolves certain claims brought on 
behalf of the United States Environmental Protection Agency (``EPA'') 
under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606, 9607, and Section 
7003 of the Resource Conservation and Recovery Act, 42 U.S.C. 6973, 
against Goodrich Corporation, Westlake Vinyls, Inc., and PolyOne 
Corporation (collectively ``Defendants'') for costs incurred and to be 
incurred at the B.F. Goodrich Site (``Site'') located in Calvert City, 
Marshall County, Kentucky. Under the proposed Consent Decree, the 
Defendants will implement the Remedial Action for the Site selected in 
EPA's Record of Decision, issued in September of 2018. Key elements of 
the remedy include the installation of a three-mile long sub-surface 
barrier wall around the perimeter of the onshore contamination; 
collection and treatment of groundwater within the containment area; 
recovery of non-aqueous phase liquid (``NAPL'') from accessible onshore 
areas; dredging of contaminated sediments from the barge slip; closure 
of two ponds; recovery of NAPL from beneath the Tennessee River; and 
treatment of the groundwater plume beneath the river. The estimated 
cost of the cleanup work to be performed by the Defendants pursuant to 
the Consent Decree is $97,000,000. Under the Consent Decree the 
Defendants have agreed to pay all of EPA's costs incurred in overseeing 
the construction of the Remedial Action.
    The Settlement Agreement includes certain covenants not to sue 
under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606, 9607, and Section 
7003 of RCRA, 42 U.S.C. 6973, with respect to the Site. As provided by 
RCRA, a public meeting will be held on the proposed settlement if 
requested in writing by fifteen (15) days after the publication date of 
this notice. Requests for a public meeting may be made by contacting 
the EPA Remedial Project Manager, Brad Jackson by email at 
[email protected]. If a public meeting is requested, information 
about the date and time of the meeting will be published in the local 
newspaper, and will be sent to persons on the EPA B.F. Goodrich 
Superfund Site mailing list.
    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 U.S. v. Goodrich, et al., D.J. Ref. No. 90-11-3-12205. 
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 website: 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 $14 for a copy of the 
Consent Decree without Exhibits or $133.75 for a copy of the Consent 
Decree with Exhibits (25 cents per page reproduction cost) payable to 
the United States Treasury.

Lori Jonas,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2020-21049 Filed 9-23-20; 8:45 am]
BILLING CODE 4410-15-P