[Federal Register Volume 89, Number 175 (Tuesday, September 10, 2024)]
[Notices]
[Pages 73447-73448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20336]


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DEPARTMENT OF JUSTICE


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

    On September 4, 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, et al. v. NL 
Industries, Inc., et al., Civil Action No. 3:24-cv-8946 and NL 
Industries, Inc., et al. v. Old Bridge Township, et al., Civil Action 
No. 13-cv-3493 MAS (D. New Jersey).
    The proposed Consent Decree would resolve the affirmative claims of 
the United States in United States, et al. v. NL Industries, Inc., et 
al., Civil Action No. 3:24-cv-8946, on behalf of the United States 
Environmental Protection Agency (``EPA''), the United States Department 
of the Interior (``DOI''), and the National Oceanic and Atmospheric 
Administration (``NOAA''); and the

[[Page 73448]]

State of New Jersey, including New Jersey Department of Environmental 
Protection (``NJDEP''), the Commissioner of the New Jersey Department 
of Environmental Protection, and the Administrator of the New Jersey 
Spill Compensation Fund (collectively, the ``State Plaintiffs''); and 
the following parties: NL Industries, Inc., Old Bridge Township, New 
Jersey, Atlantic Battery Co., Inc., Atlantic Richfield Co., Bixon 
Liquidation Corp., C&D Technologies, Inc., Clarios, LLC, Crown Battery 
Manufacturing Co., East Penn Manufacturing Co., EnerSys Delaware, Inc., 
E. I. du Pont de Nemours and Co., (n/k/a EIDP, Inc.), FMC Corp., Gould 
Electronics Inc., Honeywell International, Inc., Joe Krentzman & Son, 
Inc., Johnson Controls, Inc., Rae Storage Battery Co., Tiffen 
Acquisition Corp., Tiffen Co., LLC, Rio Tinto Minerals Inc., Rio Tinto 
Metals Limited, Rio Tinto plc, Wimco Metals, Inc., and Yuasa Battery, 
Inc., (collectively referred to as ``Defendants'' herein), regarding 
the Raritan Bay Slag Superfund Site in Old Bridge Township and Borough 
of Sayreville, New Jersey (``Site''). The Consent Decree will also 
resolve all claims regarding the Site, including but not limited to 
contribution claims, between and amongst the United States on behalf of 
the General Services Administration and the Department of Defense, 
including but not limited to the U.S. Army Corps of Engineers, the 
State and Defendants, including those in the action NL Industries, Inc. 
v. Old Bridge Township, et al., 13-cv-03493 MAS (D. New Jersey).
    Under the Proposed Consent Decree $151.1 million will be paid to 
the United States and State Plaintiffs by Defendants, as well as 
settling federal and state agencies. From the $151.1 million, EPA will 
receive $132.3 million as reimbursement for past costs and to pay for 
the remaining cleanup work at the Site, and $18.7 million will go 
towards restoration of natural resource damages and assessment costs by 
Federal Trustees, NOAA and DOI, and State Trustee, NJDEP. In exchange, 
Defendants and settling federal and state agencies will receive 
contribution protection and covenants not to sue under Sections 106, 
107(a) and 113 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9606, 
9607(a) and 9613 (``CERCLA''), the Spill Compensation and Control Act 
(the ``Spill Act''), N.J.S.A. 58:10-23.11 through -23.24, the Water 
Pollution Control Act (the ``WPCA''), N.J.S.A. 58:10A-1 through -20, 
and the Solid Waste Management Act, N.J.S.A. 13:1E-1 through -227, for 
the Site.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States, et al. v. NL Industries, Inc., et. al., 
Civil Action No. 3:24-cv-8946, D.J. Ref. No. 90-11-3-10954 and NL 
Industries, Inc. et al., v. Old Bridge Township, et al., Civil Action 
No. 13-cv-3493 MAS (D. New Jersey), D.J. Ref. No. 90-11-6-19872. All 
comments must be submitted no later than sixty (60) 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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    NJDEP, in accordance with N.J.S.A 58:10-23.11e2 of the Spill Act 
will also publish notice of the proposed Consent Decree in the New 
Jersey Register and on NJDEP's website for a period of 60 days. 
Comments that are submitted to the Department will be shared with the 
State for consideration and will not need to be resubmitted.
    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. 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.

Eric D. Albert,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2024-20336 Filed 9-9-24; 8:45 am]
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