[Federal Register Volume 86, Number 17 (Thursday, January 28, 2021)]
[Notices]
[Page 7419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01605]


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DEPARTMENT OF JUSTICE


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

    On January 16, 2021, the Department of Justice lodged a proposed 
consent decree modification with the United States District Court for 
the District of New Jersey in the lawsuit entitled United States v. The 
Sherwin-Williams Company, Civil Action No. 1:19-cv-01907-JHR-KMW, an 
action brought under the Comprehensive Environmental Response, 
Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9601 et seq. On 
April 16, 2019, the Court entered a consent decree in this action which 
resolved the United States' claim against The Sherwin-Williams Company 
(``Sherwin-Williams'') for certain past costs incurred by the United 
States relating to the Sherwin-Williams/Hilliards Creek Site, Route 561 
Dump Site, and United States Avenue Burn Site (the ``Sites''). The 
Sites are located in Gibbsboro and Voorhees, New Jersey.
    The consent decree entered in this action also provides for 
Sherwin-Williams' performance of the soils and sediments operable unit 
remedy selected by the U.S. Environmental Protection Agency (``EPA'') 
for the United States Avenue Burn Site. In addition, the consent decree 
provides that, after EPA selects a remedy in a Record of Decision 
(``ROD'') for an additional operable unit at the Sites, the decree may 
be modified to add Sherwin-Williams' performance of the additional 
operable unit remedy to the work required under the decree. On August 
4, 2020, EPA issued a ROD selecting the remedy for the soils, 
sediments, and light non-aqueous phase liquid (``LNAPL'') operable unit 
at the Sherwin-Williams/Hilliards Creek Site (``SW/HC OU2''). The 
selected remedy includes contaminated soil and sediment removal, cap 
installation, and bioremediation work. The SW/HC OU2 ROD is accessible 
at https://semspub.epa.gov/work/02/598791.pdf.
    The proposed consent decree modification lodged with the Court on 
January 16, 2021, provides for Sherwin-Williams' performance of the 
remedy selected in the SW/HC OU2 ROD in accordance with the decree and 
the statement of work attached to the proposed consent decree 
modification.
    The publication of this notice opens a period for public comment on 
the consent decree modification. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States v. The Sherwin-Williams Company, D.J. 
Ref. No. 90-11-3-09023/2. 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............................  <a href="/cdn-cgi/l/email-protection#2656534445494b4b4348520b434355084348544266535542494c08414950"><span class="__cf_email__" data-cfemail="c8b8bdaaaba7a5a5ada6bce5adadbbe6ada6baac88bdbbaca7a2e6afa7be">[email protected]</span></a>.
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    During the public comment period, the consent decree modification, 
with attached statement of work, 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 consent decree 
modification, with attached statement of work, 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 $8.50 (25 cents per page 
reproduction cost), payable to the United States Treasury.

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
& Natural Resources Division.
[FR Doc. 2021-01605 Filed 1-27-21; 8:45 am]
BILLING CODE 4410-15-P


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