Notice of Extension of Public Comment Period for Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act

• Published date: 06 January 2020
• Citation: 85 FR 529
• Record Number: 2019-28473
• Section: Notices
• Court: Justice Department

Federal Register, Volume 85 Issue 3 (Monday, January 6, 2020)

[Federal Register Volume 85, Number 3 (Monday, January 6, 2020)]
                [Notices]
                [Pages 529-530]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-28473]
                =======================================================================
                -----------------------------------------------------------------------
                DEPARTMENT OF JUSTICE
                Notice of Extension of Public Comment Period for Proposed Consent
                Decree Under the Comprehensive Environmental Response, Compensation,
                and Liability Act
                 On December 11, 2019, the Department of Justice filed a complaint
                [[Page 530]]
                and lodged a proposed Consent Decree with the United States District
                Court for the Western District of Michigan in the lawsuit entitled
                United States of America and the State of Michigan v. NCR Corporation,
                Civil Action No. 1:19-cv-01041.
                 The United States, on behalf of the United States Environmental
                Protection Agency (``EPA''), and the State of Michigan (the ``State''),
                on behalf of the Michigan Department of Environment, Great Lakes, and
                Energy (``EGLE''), filed suit against NCR Corporation (``NCR'') under
                the Comprehensive Environmental Response, Compensation, and Liability
                Act (``CERCLA'') for the recovery of response costs and the performance
                of response work at the Allied Paper, Inc./Portage Creek/Kalamazoo
                River Superfund Site in Michigan (the ``Site''). Under the terms of the
                Consent Decree, NCR will perform an estimated $135.7 million in cleanup
                work on the Kalamazoo River and the adjacent banks and floodplains. NCR
                also will pay $76.5 million to EPA and $6 million to the State for past
                and future Site response costs. Further, NCR will pay $27 million
                dollars to the Kalamazoo River Natural Resources Trustee Council for
                natural resources damages and assessment costs. The Kalamazoo River
                Natural Resources Trustee Council includes both state and federal
                trustees. The federal trustees include the United States Department of
                Interior (acting through the Fish and Wildlife Service) and the
                Department of Commerce (acting through the National Oceanic and
                Atmospheric Administration). The state trustees include EGLE, the
                Michigan Department of Natural Resources, and the Michigan Department
                of the Attorney General. The Consent Decree therefore provides a total
                estimated value of more than $245 million for cleanup work and
                payments.
                 Notice of the lodging of the proposed Consent Decree was originally
                published in the Federal Register on December 17, 2019. See 84 FR 242
                (Dec. 17, 2019). The publication of the original notice opened a 30-day
                period for public comment on the proposed Consent Decree that was
                scheduled to end on January 16, 2020. The publication of the current
                notice extends the period for public comment on the Consent Decree to
                February 18, 2020.
                 Comments should be addressed to the Assistant Attorney General,
                Environment and Natural Resources Division, and should refer to United
                States of America and the State of Michigan v. NCR Corporation, D.J.
                Ref. No. 90-11-2-07912/11. All comments must be submitted no later than
                February 18, 2020. Comments may be submitted either by email or by
                mail:
                ------------------------------------------------------------------------
                 To submit comments: Send them to:
                ------------------------------------------------------------------------
                By email............................ [email protected].
                By mail............................. Assistant Attorney General, U.S.
                 DOJ--ENRD, P.O. Box 7611,
                 Washington, DC 20044-7611.
                ------------------------------------------------------------------------
                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.
                 We will provide a paper copy of the proposed Consent Decree upon
                written request and payment of reproduction costs. Please mail your
                request and payment to: Consent Decree Library, U.S. DOJ--ENRD, P.O.
                Box 7611, Washington, DC 20044-7611.
                 Please enclose a check or money order for $57.25 (25 cents per page
                reproduction cost) payable to the United States Treasury.
                Randall M. Stone,
                Acting Assistant Section Chief, Environmental Enforcement Section,
                Environment and Natural Resources Division.
                [FR Doc. 2019-28473 Filed 1-3-20; 8:45 am]
                 BILLING CODE 4410-15-P