[Federal Register Volume 88, Number 218 (Tuesday, November 14, 2023)]
[Notices]
[Page 78063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25023]
[[Page 78063]]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decrees Under the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA), the Clean Water Act (CWA), and the Oil Pollution Act (OPA)
On November 1, 2023, the Department of Justice lodged two proposed
consent decrees with the United States District Court for the District
of Oregon in the lawsuit entitled United States of America et al. v.
ACF Industries LLC, et al., Civil Action No. 3:23-cv-1603 (D. Or.).
The complaint asserts claims for natural resource damages by the
United States on behalf of the National Oceanic and Atmospheric
Administration and the Department of the Interior; the State of Oregon;
the Confederated Tribes of the Grand Ronde Community of Oregon; the
Confederated Tribes of Siletz Indians; the Confederated Tribes of the
Umatilla Indian Reservation; the Confederated Tribes of the Warm
Springs Reservation of Oregon; and the Nez Perce Tribe (collectively,
the ``Natural Resource Trustees'') pursuant to the section 107(a) of
the Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA), 42 U.S.C. 9607(a); section 311 of the Clean Water Act
(CWA), 33 U.S.C. 1321; section 1002(b) of the Oil Pollution Act (OPA),
33 U.S.C. 2702(b); the Oregon Hazardous Waste and Hazardous Materials
Act, ORS section 465; and ORS section 468B.060.
The proposed consent decrees settle claims for natural resource
damages caused by hazardous substances released from defendants'
facilities along the Willamette River. Under the proposed consent
decrees, the defendants will pay cash and/or purchase restoration
credits in one or more restoration projects approved by the Natural
Resource Trustees to create habitat for injured natural resources,
including various species of fish and birds. Defendants also must make
payments for the public's lost recreational use of the river, for
monitoring of culturally significant plants and animals, and for
reimbursement of the Natural Resource Trustees' costs. Restoration
project developers also are parties to the consent decree under which
some defendants purchase restoration credits in those projects. The
restoration project developers are required to develop their
restoration projects, permanently protect the restoration project
sites, and arrange for long-term stewardship of each restoration
project. The Natural Resource Trustees will provide defendants with
covenants not to sue under the authorities listed in the complaint and
proposed consent decree for specified natural resource damages.
The publication of this notice opens a period for public comment on
the proposed Consent Decrees. Comments on the proposed Consent Decrees
should be addressed to the Assistant Attorney General, Environment and
Natural Resources Division, and should refer to United States of
America et al. v. ACF Industries LLC, et al., D.J. Ref. No. 90-11-2-
06787/2. All comments must be submitted no later than forty-five (45)
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 Consent Decrees may be
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decree/us-et-al-v-acf-industries-llc-et-al. Please note that this website contains the corrected version of the
cash-out consent decree but not the version originally lodged with the
court. The corrected version of the cash-out consent decree adds a
legal entity for one of the settling defendants that inadvertently was
omitted but does not change the scope of the operations covered by the
consent decree or the amounts to be paid under the consent decree.
Please refer to the corrected version of the cash-out consent decree
when submitting comments. We will provide a paper copy of the Consent
Decrees 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 $45.25 (without
attachments) or $631.25 (with attachments) (25 cents per page
reproduction cost) payable to the United States Treasury.
Kathryn C. Macdonald,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2023-25023 Filed 11-13-23; 8:45 am]
BILLING CODE 4410-15-P