[Federal Register Volume 89, Number 68 (Monday, April 8, 2024)]
[Notices]
[Pages 24505-24506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07350]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Third Amendment To Consent Decree
Under the Comprehensive Environmental Response, Compensation, and
Liability Act and the Resource Conservation and Recovery Act
On March 29, 2024, the Department of Justice lodged a proposed
Third Amendment to a Consent Decree (``Amendment 3'') with the United
States District Court for the Central District of California
(``Court'') in the matter of United States of America and State of
California on behalf of the Department of Toxic Substances Control and
Toxic Substances Control Account vs. Abex Aerospace, et al., Civil
Action No. 2:16-cv-02696 (C.D. Cal.).
This Amendment 3 amends Appendix D of the Consent Decree previously
approved by the Court on March 31, 2017 (for which the Court also
approved amendments on April 5, 2018, and June 10, 2020). The Consent
Decree pertains to environmental contamination at Operable Unit 2
(``OU2'') of the Omega
[[Page 24506]]
Chemical Corporation Superfund Site (``Site'') in Los Angeles County,
California. Amendment 3 is for the purpose of adding additional
settling parties to the Consent Decree and follows the mechanisms that
the previously approved Consent Decree sets forth for adding additional
settlors.
The Consent Decree resolves certain claims under Sections 106 and
107 of the Comprehensive Environmental Response, Compensation, and
Liability Act and Section 7003 of the Resource Conservation and
Recovery Act, as well as related state law claims, in connection with
environmental contamination at OU2. Amendment 3 adds the following
parties, each of which has owned or operated a facility within the
commingled OU2 groundwater plume area, as Settling Cash Defendants:
1. Bodycote Thermal Processing, Inc.
2. Palmtree Acquisition Corporation
3. First Dice Road Company
4. Phibro-Tech, Inc.
5. Union Pacific Railroad Company
These parties are ``Certain Noticed Parties'' within the meaning of
Paragraph 75 and Appendix G of the Consent Decree. This Amendment 3
requires the additional settling parties to pay $20,500,000 toward
cleanup of the portion of the OU2 groundwater plume addressed by the
Consent Decree.
The publication of this notice opens a period for public comment on
the proposed Amendment 3, which is available for public review as
described below. Comments should be addressed to the Assistant Attorney
General, Environment and Natural Resources Division, and should refer
to United States of America and State of California on behalf of the
Department of Toxic Substances Control and Toxic Substances Control
Account vs. Abex Aerospace, et al., D.J. Ref. No. 90-11-3-06529/15. 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. Any comments
submitted in writing or at a public meeting may be filed by the United
States in whole or in part on the public court docket without notice to
the commenter.
During the public comment period, the lodged proposed Amendment 3
and the previously approved Consent Decree may be examined and
downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. If you require assistance accessing Amendment 3,
you may request assistance by email or by mail to the addresses
provided above for submitting comments.
Scott Bauer,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2024-07350 Filed 4-5-24; 8:45 am]
BILLING CODE 4410-15-P