[Federal Register Volume 86, Number 65 (Wednesday, April 7, 2021)]
[Notices]
[Pages 18072-18073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07183]


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DEPARTMENT OF JUSTICE


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

    On March 30, 2021, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Southern 
District of Illinois in the lawsuit entitled United States and Illinois 
v. XTRA Intermodal, Inc. and X-L-Co., Inc., Civil Action No. 3:21-cv-
00339.
    The proposed Consent Decree (1) resolves the liability of XTRA 
Intermodal, Inc. and X-L-Co., Inc. (collectively ``XTRA'') under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA), 42 U.S.C. 9606-9607, for cleanup activities and natural 
resource damages at the Old American Zinc Plant Superfund Site located 
in Fairmont City and Washington Park, Illinois (the ``Site''), on an 
ability-to-pay basis; and (2) resolves potential CERCLA counterclaims 
by XTRA against the United States. The proposed Consent Decree requires 
XTRA to confess to entry of a judgment in favor of the United States in 
the amount of $41,472,032 for past and future response costs and in 
favor of the State of Illinois in the amount of $528,250 for natural 
resource damages, to be satisfied through a $2 million monetary 
payment, sale of the portion of the Site currently owned by XTRA, and 
attempted recovery of insurance proceeds. The United States, on behalf 
of the General Services Administration, will resolve its alleged Site-
related CERCLA liabilities through payment of $37,106,035 to the U.S. 
Environmental Protection Agency for past and future response costs and 
$471,750 to Illinois for natural resource damages.
    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, 
and should refer to United States and Illinois v. XTRA Intermodal, Inc. 
and X-L-Co., Inc., D.J. Ref. Nos. 90-11-3-11215 and 90-11-6-20288. All 
comments must be submitted no later than 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 proposed 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 proposed Consent Decree upon written request and payment of 
reproduction costs. Please mail your request and payment to: Consent 
Decree Library,

[[Page 18073]]

U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $10.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Patricia S. McKenna,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2021-07183 Filed 4-6-21; 8:45 am]
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