[Federal Register Volume 86, Number 17 (Thursday, January 28, 2021)]
[Notices]
[Pages 7418-7419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01862]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA), the Clean Water Act (CWA), and the Oil Pollution Act (OPA) 
and Notice of Availability of Draft Restoration Plan/Environmental 
Assessment of Restoration Project Incorporated Into Proposed Consent 
Decree

    On January 14, 2021, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Western 
District Washington in the lawsuit entitled United States of America, 
State of Washington, Suquamish Tribe, and Muckleshoot Indian Tribe v. 
Vigor Industrial, LLC and Exxon Mobil Corp., Civil Action No. 21-44 
(W.D. Wash.).
    The complaint asserts claims against Vigor Industrial, LLC and 
Exxon Mobil Corp. (Defendants) for natural resource damages by the 
United States on behalf of the National Oceanic and Atmospheric 
Administration and the Department of the Interior; the State of 
Washington; the Suquamish Tribe; and the Muckleshoot Indian Tribe 
(collectively, the Natural Resource Trustees) pursuant to the section 
107(a) of the Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA), 42 U.S.C. 9607(a); section 311 of the Clean 
Water Act (CWA), 33 U.S.C. 1321; section 1002(b) of the Oil Pollution 
Act (OPA), 33 U.S.C. 2702(b); and the Washington Model Toxics Control 
Act (MTCA), RCW 70.105D.
    The proposed Consent Decree resolves claims alleged against the 
Defendants for natural resource damages caused by releases and 
discharges of hazardous substances and oil from the Vigor Shipyards 
facility, currently owned and operated by Vigor Industrial, LLC, and 
formerly owned and operated by Exxon Mobil Corp., to the Lower Duwamish 
River in and near Seattle, Washington. The settlement requires 
Defendants to construct, monitor, and maintain in perpetuity two 
habitat restoration projects at the Vigor Shipyards facility, creating 
more than three acres of off-channel habitat for injured natural 
resources. The settlement also requires Defendants to pay their 
equitable share of assessment costs incurred by the Natural Resource 
Trustees, totaling $815,816.59. The Defendants will receive covenants 
not to sue under the statutes listed in the complaint and proposed 
Consent Decree for specified natural resource damages.
    The Natural Resource Trustees have developed a Draft Restoration 
Plan and Environmental Assessment (``RP/EA'') for the Vigor Shipyards 
habitat restoration projects, the two restoration projects incorporated 
into the Consent Decree. The Draft RP/EA proposes to select the Vigor 
Shipyards habitat restoration projects as two of the projects to 
address injuries to natural resources in the Lower Duwamish River.
    The publication of this notice opens a period for public comment on 
the proposed Consent Decree and the Draft RP/EA. Comments on the 
proposed Consent Decree should be addressed to the Assistant Attorney 
General, Environmental and Natural Resources Division, and should refer 
to United States of America, State of Washington, Suquamish Tribe, and 
Muckleshoot Indian Tribe v. Vigor Industrial, LLC and Exxon Mobil 
Corp., Civil Action No. 21-44 (W.D. Wash.). All comments must

[[Page 7419]]

be submitted no later than thirty (30) days after the publication date 
of this notice. Comments may be submitted either by email or mail:

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         To submit comments:                     Send them to:
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By email............................  <a href="/cdn-cgi/l/email-protection#75050017161a1818101b01581010065b101b0711350006111a1f5b121a03"><span class="__cf_email__" data-cfemail="b1c1c4d3d2dedcdcd4dfc59cd4d4c29fd4dfc3d5f1c4c2d5dedb9fd6dec7">[email protected]</span></a>.
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, D.C. 20044-7611.
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    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. We will provide a paper copy of 
the 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.
    When requesting a copy of the Consent Decree please enclose a check 
or money order in the amount of $44.75 (25 cents per page reproduction 
cost) payable to the United States Treasury.
    The publication of this notice also opens a period for public 
comment on the Draft RP/EA. The Trustees will receive comments relating 
to the Draft RP/EA for a period of thirty (30) days from the date of 
this publication. A copy of the Draft RP/EA is available electronically 
at https://www.fws.gov/wafwo/. A copy of the Draft RP/EA may also be 
obtained by mail from: Assistant Solicitor, Environmental Restoration 
Branch, Office of the Solicitor, U.S. Department of the Interior, 1849 
C Street NW, Washington, DC 20240.
    Please reference: Draft RP/EA related to United States et al. v. 
Vigor Consent Decree. When requesting a copy of the Draft RP/EA please 
enclose a check in the amount of $9.50 (25 cents per page reproduction 
cost) payable to the United States Treasury.
    Comments on the draft RP/EA may be submitted electronically to 
<a href="/cdn-cgi/l/email-protection#e78d828181b8db86c78f958281da" mailto:krausmann@fws.gov"><span class="__cf_email__" data-cfemail="bbd0c9dacec8d6dad5d5fbddccc895dcd4cd">[email protected]</span></a>">jeff_<a href="/cdn-cgi/l/email-protection#3a51485b4f49575b54547a5c4d49145d554c"><span class="__cf_email__" data-cfemail="28435a495d5b45494646684e5f5b064f475e">[email protected]</span></a></a>. Additionally, written comments on the Draft RP/
EA should be addressed to: Jeff Krausmann, Washington Fish and Wildlife 
Office, U.S. Fish and Wildlife Service, 510 Desmond Drive SE, Suite 
102, Lacey, WA 98503-1263, Jeff_ <a href="/cdn-cgi/l/email-protection#a1cad3c0d4d2ccc0cfcfe1c7d6d28fc6ced7"><span class="__cf_email__" data-cfemail="b3d8c1d2c6c0ded2ddddf3d5c4c09dd4dcc5">[email protected]</span></a>.

Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2021-01862 Filed 1-27-21; 8:45 am]
BILLING CODE 4410-15-P


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