[Federal Register Volume 89, Number 78 (Monday, April 22, 2024)]
[Notices]
[Page 29365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08531]
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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 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 sixty (60) days after the publication date of this notice. This
notice is meant to replace a notice published in the Federal Register
on April 16, 2024, which provided a thirty-day public comment period,
and extends the public comment period on the proposed consent decree
from thirty days to sixty days. 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. 2024-08531 Filed 4-19-24; 8:45 am]
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