[Federal Register Volume 85, Number 213 (Tuesday, November 3, 2020)]
[Notices]
[Page 69645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24277]


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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 October 28, 2020, the Department of Justice filed a complaint 
and simultaneously lodged a proposed consent decree with the United 
States District Court for the District of New Jersey in the lawsuit 
entitled United States of America v. Linde Inc. f/k/a Praxair, Inc., 
Civil Action No. 3:20-cv-15103.
    The United States seeks reimbursement of response costs incurred 
under Section 107(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act (``CERCLA'') from Linde Inc. f/k/a 
Praxair, Inc. (``Settling Defendant'') for response actions at or in 
connection with the release or threatened release of hazardous 
substances at the LCP Chemicals, Inc. Superfund Site (the ``Site'') in 
Linden, New Jersey.
    Under the proposed consent decree, Settling Defendant will pay $10 
million to the United States to resolve its liability for past and 
future response costs. Settling Defendant reserves the right to assert 
claims against the United States under Section 113(f)(3)(B) of CERCLA, 
42 U.S.C. 9613(f)(3)(B), arising from the United States' ownership of 
General Aniline & Film stock and alleged ownership and/or operation of 
the Site between 1942 and 1965. In return, the United States covenants 
not to sue or to take administrative action against Settling Defendant 
pursuant to Sections 106, 107(a), and 107(c)(3) of CERCLA, 42 U.S.C. 
9606, 9607(a), and 9607(c)(3), or under Section 7003 of the Resource 
Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973. The United 
States reserves the right to institute separate proceedings against 
Settling Defendant if previously unknown conditions on or information 
about the 2.1-acre leasehold of the Site formerly operated by Settling 
Defendant's predecessors are discovered, and these previously unknown 
conditions or information indicate that the remedial action is not 
protective of human health or the environment.
    The publication of this notice opens a period for public comment on 
the proposed consent decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
Environmental Enforcement Section, and should refer to United States of 
America v. Linde Inc. f/k/a Praxair, Inc., D.J. Ref. No. 90-11-3-11134. 
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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    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 $5.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2020-24277 Filed 11-2-20; 8:45 am]
BILLING CODE 4410-15-P