[Federal Register Volume 86, Number 171 (Wednesday, September 8, 2021)]
[Notices]
[Pages 50374-50375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19451]


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DEPARTMENT OF JUSTICE


Notice of Proposed Settlement Agreement Under the Comprehensive 
Environmental Response, Compensation and Liability Act and the 
Pennsylvania Hazardous Sites Cleanup Act

    Notice is hereby given that the United States of America, on behalf 
of the National Oceanic and Atmospheric Administration (``NOAA''), and 
the Department of the Interior (``DOI''), acting through the Fish and 
Wildlife Service, and the Commonwealth of Pennsylvania, acting through 
the Department of Environmental Protection, the Department of 
Conservation and Natural Resources, and the Fish and Boat Commission 
(collectively ``Trustees''), are providing an opportunity for public 
comment on a proposed Settlement Agreement (``Settlement Agreement'') 
between the Trustees and a dozen public utility companies: Consolidated 
Edison Company of New York, Inc., Public Service Electric and Gas 
Company, Baltimore Gas and Electric Company, Jersey Central Power and 
Light Company, Long Island Lighting Company d/b/a LIPA, Metropolitan 
Edison Company, Orange and Rockland Utilities, Inc., PECO Energy 
Company, Potomac Electric Power Company, PPL Electric Utilities 
Corporation, Virginia Electric and Power Company, and Delmarva Power & 
Light Company (collectively, ``Settling Defendants'').
    The settlement resolves the civil claims of the Trustees against 
the Settling Defendants arising under their natural resource trustee 
authority set forth at Section 107 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980, as amended 
(``CERCLA''), 42 U.S.C. 9607, and at section 507 of the Pennsylvania 
Hazardous Sites Cleanup Act, Act of October 18, 1988, Public Law 756, 
No. 108, as amended (``HSCA''), 35 P.S. 6020.507. The claims are for 
injury to, impairment of, destruction of, loss of, diminution of value 
of, and/or loss of use of natural resources, including the reasonable 
costs of assessing the injuries, resulting from the Settling 
Defendants' alleged contribution to the release of hazardous substances 
at the Metal Bank Superfund

[[Page 50375]]

Site in Philadelphia, Pennsylvania (the ``Site'').
    Under the proposed Settlement Agreement, the Settling Defendants 
agree to pay $950,000 to resolve their liability at the Site. Of this 
amount, $414,807 will compensate NOAA and DOI for their costs of 
assessing natural resource damages at the Site. The remaining $535,193 
will paid into the DOI Natural Resource Damage Assessment and 
Restoration Fund and earmarked for future natural resource restoration 
projects selected by the Trustees and implemented in the vicinity of 
the Site to compensate the public for the injury to natural resources. 
A restoration plan will be developed for public comment by the 
Trustees.
    Notice of the Settlement Agreement was previously published in the 
Federal Register on March 17, 2021 (86 FR 14646). Due to an 
administrative oversight, that notice provided a link to an incorrect 
version of the Settlement Agreement. The correct version of the 
Settlement Agreement contains slightly different language in Paragraphs 
2 (in the definition of ``Natural Resource Restoration Projects''), 
3.b, and 4 clarifying that funds paid under the Settlement Agreement 
may be spent on any Natural Resource Restoration Projects to restore, 
replace, or acquire the equivalent of the Natural Resources that have 
been injured as a result of releases of hazardous substances at the 
site.
    The publication of this notice opens a period for public comment 
limited to addressing the different language of Paragraphs 2, 3.b, and 
4 of the proposed Settlement Agreement. Comments on the proposed 
Settlement Agreement should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, and should refer 
to the Metal Bank Natural Resource Damages Settlement Agreement, D.J. 
Ref. No. 90-11-2-1183/2. 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 Settlement Agreement may be 
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. The Department of Justice will 
provide a paper copy of the Settlement Agreement 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 $4.00 (25 cents per page 
reproduction cost) payable to the United States Treasury.
    All public comments must be submitted no later than thirty (30) 
days after the publication date of this notice.

Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2021-19451 Filed 9-7-21; 8:45 am]
BILLING CODE 4410-15-P