[Federal Register Volume 88, Number 95 (Wednesday, May 17, 2023)]
[Notices]
[Page 31525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10505]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the
Comprehensive Environmental Response, Compensation, and Liability Act
(``CERCLA'')
On May 11, 2023, the Department of Justice lodged a proposed
consent decree with the United States District Court for the District
of Massachusetts in the lawsuit entitled United States of America and
Commonwealth of Massachusetts v. American Biltrite Inc., et al., Civil
Action No. 1:23-cv-11044.
The United States seeks performance of a remedial design/remedial
action and reimbursement of response costs under sections 106 and 107
of the Comprehensive Environmental Response, Compensation, and
Liability Act (``CERCLA''), 42 U.S.C. 9606 and 9607, concerning
Operable Unit 1 (``OU1''), Operable Unit 2 (``OU2''), and Operable Unit
3 (``OU3'') of the Olin Chemical Superfund Site (``Site''), located in
Wilmington, Massachusetts. The Commonwealth of Massachusetts is co-
plaintiff.
Under the proposed consent decree, four Settling Defendants
(American Biltrite Inc., NOR-AM Agro LLC, Olin Corporation, and Stepan
Company) agree to perform the final remedial action for OU1 and OU2,
and the interim remedial action for OU3, that are identified in the
United States Environmental Protection Agency's (``EPA'') Record of
Decision relating to the Site, dated March 30, 2021. The total
estimated cost of the remedial cleanup is approximately $48.2 million.
The proposed consent decree also requires the Settling Defendants to
pay the United States' past and future Site-related response costs, and
to pay the Commonwealth's future Site-related response costs.
The publication of this notice opens a period for public comment on
the proposed consent decree. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
Environmental Enforcement Section, and should refer to United States of
America and Commonwealth of Massachusetts v. American Biltrite Inc., et
al., Civil Action No. 1:23-cv-11044, D.J. Ref. No. 90-11-3-08919/1. 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:
------------------------------------------------------------------------
To submit comments: Send them to:
------------------------------------------------------------------------
By email............................ [email protected].
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
------------------------------------------------------------------------
During the public comment period, the 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 consent decree 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 $189.75 (25 cents per
page reproduction cost) for the consent decree with appendix, or $10.75
for the consent decree without the appendix, payable to the United
States Treasury.
Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2023-10505 Filed 5-16-23; 8:45 am]
BILLING CODE 4410-15-P