[Federal Register Volume 85, Number 211 (Friday, October 30, 2020)]
[Notices]
[Pages 68932-68933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24014]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


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

    On October 23, 2020, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of Montana in the lawsuit entitled United States v. Atlantic Richfield 
Company, Civil Action No. CV89-039-BU-SEH.
    The proposed Consent Decree would partially resolve claims the 
United States and State of Montana have brought pursuant to Section 
107(a) of the Comprehensive Environmental Response, Compensation, and 
Liability Act, 42 U.S.C. 9607(a), against the Atlantic Richfield 
Company related to the Anaconda Smelter National Priorities List Site.
    The Consent Decree requires Atlantic Richfield to construct 
enhanced

[[Page 68933]]

remedial elements to address stormwater loading of contaminated 
sediments to surface water. Atlantic Richfield will remediate two 
smelter slag piles that have been left at the Site and will assure 
future operation and maintenance of the Old Works Golf Course in 
Anaconda, Montana, which was constructed on smelter wastes. In 
addition, the Consent Decree provides a path to waivers of surface 
water standards after Atlantic Richfield implements the technically 
practicable remedy elements outlined in the Consent Decree and its 
Statement of Work. The estimated cost of the work required under the 
Consent Decree is $23.7 million. The Consent Decree also requires 
Atlantic Richfield to provide financial assurances for future cleanup 
actions. The Consent Decree provides Defendants and certain related 
persons covenants not to sue under Sections 106, 107(a), and 113(f) of 
CERCLA, 42 U.S.C. 9606, 9607(a), and 9613(f); Sections 3004(u) and (v), 
3008, and 7003 of RCRA, 42 U.S.C. 6924(u) and (v), 6928, and 6973; and 
Sections 309(b), 311, and 504 of the Clean Water Act, 33 U.S.C. 
1319(b), 1321, and 1364.
    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 State of Montana v. Atlantic 
Richfield Company, D.J. Ref. No. 90-11-2-430. 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:

------------------------------------------------------------------------
         To submit comments:                     Send them to:
------------------------------------------------------------------------
By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
------------------------------------------------------------------------

    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 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 $815.50 (25 cents per 
page reproduction cost) payable to the United States Treasury. For a 
paper copy of the Consent Decree without the appendices, the cost is 
$23.00.

Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2020-24014 Filed 10-29-20; 8:45 am]
BILLING CODE P