[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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