[Federal Register Volume 87, Number 192 (Wednesday, October 5, 2022)]
[Notices]
[Page 60416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21644]


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DEPARTMENT OF JUSTICE


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

    On September 30, 2022, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of Montana in the lawsuit entitled United States v. Atlantic Richfield 
Company, Civil Action No. CV89-039-BU-SEH.
    The Consent Decree would resolve the United States' and State of 
Montana's claims against the Atlantic Richfield Company under Section 
107(a) of the Comprehensive Environmental Response, Compensation, and 
Liability Act, 42 U.S.C. 9607(a), and the Montana Comprehensive 
Environmental Cleanup and Responsibility Act, 75-10-701, et seq., for 
the recovery of costs related to the release of hazardous substances at 
the Anaconda Smelter NPL Site (the ``Site'') in Deer Lodge County, 
Montana. The Consent Decree would require Atlantic Richfield to 
reimburse the United States for $48,000,000 in past response costs and 
future oversight costs that have been or will be incurred in responding 
to contamination at the Site. AR will also pay the U.S. Forest Service 
$185,752 to reimburse anticipated future costs that will be spent 
overseeing Atlantic Richfield's remedial activities on U.S. Forest 
Service administered lands. Finally, AR will complete all cleanup 
actions required under the various Records of Decision, amendments 
thereto, and other decision documents issued by the U.S. Environmental 
Protection Agency (``EPA'') for the Site. Many of these actions have 
already been initiated and completed or substantially completed by 
Atlantic Richfield pursuant to various unilateral administrative orders 
issued by EPA since the 1990s.
    The estimated cost of the work required of Atlantic Richfield under 
the Consent Decree is $83.1 million. This includes future long-term 
operation and maintenance activities to assure the protectiveness of 
the Site remedies. AR will provide financial assurance through letters 
of credit and/or surety bonds to guarantee funds for this amount. 
Finally, upon entry of the proposed Consent Decree, the obligations 
that AR assumed under the 2020 Partial Consent Decree for the Anaconda 
Smelter NPL Site will be incorporated into and superseded by the more 
extensive requirements of this Consent Decree.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States and State of Montana v. Atlantic 
Richfield Company, D.J. Ref. No. 90-11-2-430. 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 and its five 
(5) appendices 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 without the appendices 
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 $28.50 (25 cents per page 
reproduction cost) payable to the United States Treasury for a paper 
copy of the Consent Decree without the appendices.

Susan Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2022-21644 Filed 10-4-22; 8:45 am]
BILLING CODE 4410-15-P