Notice of Lodging of Proposed Third Amendment To Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act and the Resource Conservation and Recovery Act

• Published date: 08 April 2024
• Record Number: 2024-07350
• Citation: 89 FR 24505
• Court: Justice Department
• Section: Notices

Federal Register, Volume 89 Issue 68 (Monday, April 8, 2024)

[Federal Register Volume 89, Number 68 (Monday, April 8, 2024)]
                [Notices]
                [Pages 24505-24506]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2024-07350]
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                DEPARTMENT OF JUSTICE
                Notice of Lodging of Proposed Third Amendment To Consent Decree
                Under the Comprehensive Environmental Response, Compensation, and
                Liability Act and the Resource Conservation and Recovery Act
                 On March 29, 2024, the Department of Justice lodged a proposed
                Third Amendment to a Consent Decree (``Amendment 3'') with the United
                States District Court for the Central District of California
                (``Court'') in the matter of United States of America and State of
                California on behalf of the Department of Toxic Substances Control and
                Toxic Substances Control Account vs. Abex Aerospace, et al., Civil
                Action No. 2:16-cv-02696 (C.D. Cal.).
                 This Amendment 3 amends Appendix D of the Consent Decree previously
                approved by the Court on March 31, 2017 (for which the Court also
                approved amendments on April 5, 2018, and June 10, 2020). The Consent
                Decree pertains to environmental contamination at Operable Unit 2
                (``OU2'') of the Omega
                [[Page 24506]]
                Chemical Corporation Superfund Site (``Site'') in Los Angeles County,
                California. Amendment 3 is for the purpose of adding additional
                settling parties to the Consent Decree and follows the mechanisms that
                the previously approved Consent Decree sets forth for adding additional
                settlors.
                 The Consent Decree resolves certain claims under Sections 106 and
                107 of the Comprehensive Environmental Response, Compensation, and
                Liability Act and Section 7003 of the Resource Conservation and
                Recovery Act, as well as related state law claims, in connection with
                environmental contamination at OU2. Amendment 3 adds the following
                parties, each of which has owned or operated a facility within the
                commingled OU2 groundwater plume area, as Settling Cash Defendants:
                1. Bodycote Thermal Processing, Inc.
                2. Palmtree Acquisition Corporation
                3. First Dice Road Company
                4. Phibro-Tech, Inc.
                5. Union Pacific Railroad Company
                 These parties are ``Certain Noticed Parties'' within the meaning of
                Paragraph 75 and Appendix G of the Consent Decree. This Amendment 3
                requires the additional settling parties to pay $20,500,000 toward
                cleanup of the portion of the OU2 groundwater plume addressed by the
                Consent Decree.
                 The publication of this notice opens a period for public comment on
                the proposed Amendment 3, which is available for public review as
                described below. Comments should be addressed to the Assistant Attorney
                General, Environment and Natural Resources Division, and should refer
                to United States of America and State of California on behalf of the
                Department of Toxic Substances Control and Toxic Substances Control
                Account vs. Abex Aerospace, et al., D.J. Ref. No. 90-11-3-06529/15. 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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                 Under section 7003(d) of RCRA, a commenter may request an
                opportunity for a public meeting in the affected area. Any comments
                submitted in writing or at a public meeting may be filed by the United
                States in whole or in part on the public court docket without notice to
                the commenter.
                 During the public comment period, the lodged proposed Amendment 3
                and the previously approved Consent Decree may be examined and
                downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. If you require assistance accessing Amendment 3,
                you may request assistance by email or by mail to the addresses
                provided above for submitting comments.
                Scott Bauer,
                Assistant Section Chief, Environmental Enforcement Section, Environment
                and Natural Resources Division.
                [FR Doc. 2024-07350 Filed 4-5-24; 8:45 am]
                BILLING CODE 4410-15-P