[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Notices]
[Pages 77893-77894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27487]


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JUSTICE DEPARTMENT


Notice of Proposed Settlement Agreement Under the Comprehensive 
Environmental Response, Compensation and Liability Act and the Delaware 
Hazardous Substances 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, in collaboration with the State of Delaware, on 
behalf of the Delaware Department of Natural Resources and 
Environmental Control (``DNREC'') (collectively, the ``Trustees''), are 
providing an opportunity for public comment on a proposed Settlement 
Agreement (``Settlement Agreement'') between the Trustees and the E.I. 
du Pont de Nemours and Co. and The Chemours Co. FC, LLC (``Settling 
Defendants''). The Agreement resolves natural resource damages claims 
under section 107(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended (``CERCLA''), 42 
U.S.C. 9607(a), and the Delaware Hazardous Substances Cleanup Act, 7 
Del. C. chapter 91, related to the alleged release of hazardous 
substances from two manufacturing facilities owned and/or operated by 
the Settling Defendants. These now-shuttered facilities are the Edge 
Moor Plant and the Hay Road Iron Rich Landfill in New Castle County, 
Delaware. The alleged release of hazardous substances specifically led 
to 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.
    Under the Settlement Agreement, the Settling Defendants will pay a 
total of $1,071,755.84 to resolve the Trustees' claims. Of this amount, 
$808,500 will be available for natural resource restoration projects to 
be selected by the Trustees in the future and implemented in the 
vicinity of the Site to compensate the public for the natural resource 
damages. The remaining $263,255.84 will be allocated to the Trustees' 
for reimbursement of their natural resource damages assessment costs. 
Specifically, $172,397.64 will go to NOAA; $1,204.40 to DOI; and 
$89,653.80 to DNREC.
    The publication of this notice opens a period for public comment on 
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 
Chemours/DuPont Edge Moor Settlement Agreement, D.J. Ref. No. 90-5-1-1-
12319. All comments must be submitted no later than thirty (30) days 
after the publication date of this notice.

[[Page 77894]]

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-decree/us-et-al-v-ei-du-pont-de-nemours-and-company-and-chemours-company-fc-llc. We 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 $4.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2022-27487 Filed 12-19-22; 8:45 am]
BILLING CODE 4410-15-P