[Federal Register Volume 88, Number 8 (Thursday, January 12, 2023)]
[Notices]
[Pages 2133-2134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00530]


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DEPARTMENT OF JUSTICE


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

    On December 16, 2022, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of New Jersey in United States v. Alden Leeds, Inc., et al., Civil 
Action No. 2:22-cv-07326. The proposed Consent Decree resolves the 
United States' claim against 85 defendants under section 107(a) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (``CERCLA''), 42 U.S.C. 9607(a), relating to Operable Unit 2 
and Operable Unit 4 of the Diamond Alkali Superfund Site (``Site'') in 
New Jersey.
    In the proposed Consent Decree, the 85 Settling Defendants agree to 
pay $150 million in cleanup costs. EPA Region 2's estimated future 
cleanup costs for Operable Unit 2 and Operable Unit 4 of the Site are 
$1.82 billion. EPA sponsored an allocation process, which involved 
hiring a third party neutral to perform an allocation. The process 
concluded in December 2020 with a Final Allocation Recommendation 
Report that recommends relative shares of responsibility for each 
allocation party's facility or facilities evaluated in the allocation. 
After review of the Final Allocation Recommendation Report, EPA 
identified the parties who were eligible to participate in the proposed 
Consent Decree. Based on the results of the allocation, the United 
States concluded that the Settling Defendants, individually and 
collectively, are responsible for a minor share of the response costs 
incurred and to be incurred at or in connection with the cleanup of 
Operable Unit 2 and Operable Unit 4, for releases from the facilities 
identified in the proposed Consent Decree. Certain Settling Defendants 
had previously resolved their liability for Operable Unit 2, and so 
were not evaluated in the allocation, but are participating in the 
proposed Consent Decree in order to resolve their liability for 
Operable Unit 4. The Consent Decree includes covenants not to sue 
related to Operable Unit 2 and Operable Unit 4 under sections 106 and 
107(a) of CERCLA, as well as contribution protection under section 113 
of CERCLA. The consent decree does not include reopeners for previously 
unknown conditions or information, or for cost overruns, but the 
settlement amount collectively paid by the Setting Defendants protects 
against the risk that future costs will exceed EPA's estimate of the 
future cleanup costs for Operable Unit 2 and Operable Unit 4.
    On December 22, 2022, the Department of Justice published a notice 
in the Federal Register opening a public comment period on the consent 
decree for a period of forty-five (45) days. 87 FR 78711. By this 
notice, the Department of Justice is extending the public comment by an 
additional forty-five (45) days, through March 22, 2023. Comments 
should be addressed to the Assistant Attorney General, Environment and 
Natural Resources Division, and should refer to United States v. Alden 
Leeds, Inc., et al., Civil Action No. 2:22-cv-07326, D.J. Ref. No. 90-
11-3-07683/1. All comments must be submitted no later than March 22, 
2023. 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 Consent Decree 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 proposed modification 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 $36.25 (25 cents per page 
reproduction cost) payable to the United States Treasury. In addition, 
the Final Allocation Recommendation Report

[[Page 2134]]

may be examined at this EPA website: https://semspub.epa.gov/src/collection/02/SC41378.

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2023-00530 Filed 1-11-23; 8:45 am]
BILLING CODE 4410-CW-P