[Federal Register Volume 89, Number 74 (Tuesday, April 16, 2024)]
[Notices]
[Pages 26931-26932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08010]


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DEPARTMENT OF JUSTICE


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

    On April 11, 2024, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the District 
of New Jersey in the lawsuit entitled United States, New Jersey 
Department of Environmental Protection, the Commissioner of the New 
Jersey Department of Environmental Protection, and the Administrator of 
the New Jersey Spill Compensation Fund v. PPG Industries, Inc., Civil 
Action No. 2:24-04771.
    The United States filed this lawsuit under the Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA''), 
on behalf of the U.S. Environmental Protection Agency (``EPA''). The 
New Jersey Department of Environmental Protection, the Commissioner of 
the New Jersey Department of Environmental Protection, and the 
Administrator of the New Jersey Spill Compensation Fund (collectively, 
``NJDEP'') are co-plaintiffs. PPG Industries, Inc. (``PPG'') is the 
defendant named in the complaint. The complaint seeks injunctive relief 
and reimbursement of response costs in connection with the Riverside 
Industrial

[[Page 26932]]

Park Superfund Site (``Site'') located in Newark, New Jersey.
    Under the proposed consent decree, PPG is required to (a) design 
and implement the components of the remedy selected for the Site in 
EPA's September 28, 2021, Record of Decision that relate to waste 
material, sewer water, soil gas, and soil/fill material, and (b) 
perform groundwater monitoring and implement institutional controls 
(the ``Work''). The estimated cost of the Work is about $15 million. 
PPG will also reimburse the United States $2,883,120 and NJDEP $116,880 
for past costs relating to the Site and will pay the United States and 
NJDEP for future response costs they incur relating to the Work. In 
return, the United States agrees not to sue or take administrative 
action under sections 106 and 107 of CERCLA against PPG for the Work, 
EPA past costs relating to the Site, and future response costs EPA will 
incur relating to the Work. NJDEP also agrees not to sue or take 
administrative action against PPG for NJDEP past costs relating to the 
Site and for future response costs NJDEP will incur relating to the 
Work.
    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, 
and should refer to United States and NJDEP v. PPG Industries, Inc, 
D.J. Ref. No. 90-11-2-12543. 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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    Any comments submitted in writing may be filed in whole or in part 
on the public court docket without notice to the commenter.
    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. If you require assistance 
accessing the proposed consent decree, you may request assistance by 
email or by mail to the addresses provided above for submitting 
comments.

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2024-08010 Filed 4-15-24; 8:45 am]
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