[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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