[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Notices]
[Pages 50351-50352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17616]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Second Consent Decree Modification
Under the Comprehensive Environmental Response, Compensation, and
Liability Act
On August 9, 2022, the Department of Justice lodged a proposed
second consent decree modification with the United States District
Court for the District of New Jersey in the lawsuit entitled United
States v. The Sherwin-Williams Company, Civil Action No. 1:19-cv-01907-
JHR-EAP, an action brought under the Comprehensive Environmental
Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9601
et seq. On April 16, 2019, the Court entered a consent decree
(``Consent Decree'' or ``Decree'') in this action which resolved the
United States' claim against The Sherwin-Williams Company (``Sherwin-
Williams'') for certain past costs incurred by the United States
relating to the Sherwin-Williams/Hilliards Creek Site, Route 561 Dump
Site, and United States Avenue Burn Site (the ``Sites''). The Sites are
located in Gibbsboro and Voorhees, New Jersey.
The Consent Decree entered in this action also provides for
Sherwin-Williams' performance of the soils and sediments operable unit
remedy selected by the U.S. Environmental Protection Agency (``EPA'')
for the United States Avenue Burn Site. In addition, the Consent Decree
provides that, after EPA selects a remedy in a Record of Decision
(``ROD'') for an additional operable unit at one or more of the Sites,
the Decree may be modified to add Sherwin-Williams' performance of the
newly selected additional operable unit remedy to the work required
under the Decree. In accordance with this provision, a first
modification to the Decree was entered on April 5, 2021, which provides
for Sherwin Williams' performance of the soils and sediments operable
unit remedy selected by EPA for the former manufacturing plant area and
adjoining areas at the Sherwin-Williams/Hilliards Creek Site (``SW/HC
OU2'').
Since then, EPA has issued a ROD selecting the remedy for the
waterbodies operable unit at the Sherwin-Williams/Hilliards Creek Site
(``SW/HC OU4''). The selected remedy for SW/HC OU4 provides for
remediation of waterbodies at the Sherwin-Williams/Hilliards Creek
Site, including contaminated soil and sediment removal in or adjacent
to lakes and creeks at the site, installation of engineering controls
in flood plain areas adjacent to Hilliards Creek, restoration and
revegetation of Hilliards Creek flood plain, stream bank remediation,
and institutional controls.
The proposed second consent decree modification that was lodged
with the Court on August 9, 2022, provides for Sherwin-Williams'
performance of the remedy for waterbodies at the Sherwin-Williams/
Hilliards Creek Site selected in the SW/HC OU4 ROD in accordance with
the terms of the decree and the statement of work attached to the
proposed second consent decree modification.
The publication of this notice opens a period for public comment on
the second consent decree modification. Comments should be addressed to
the Assistant Attorney General, Environment and Natural Resources
Division, and should refer to United States v. The Sherwin-Williams
Company, D.J. Ref. No. 90-11-3-09023/2. 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 proposed second consent
decree modification, with attached statement of work, 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 second consent decree modification, with attached statement of
work, 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 $19.75 (25 cents per page
[[Page 50352]]
reproduction cost), payable to the United States Treasury.
Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
& Natural Resources Division.
[FR Doc. 2022-17616 Filed 8-15-22; 8:45 am]
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