[Federal Register Volume 88, Number 218 (Tuesday, November 14, 2023)]
[Notices]
[Page 78063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25023]



[[Page 78063]]

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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decrees Under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA), the Clean Water Act (CWA), and the Oil Pollution Act (OPA)

    On November 1, 2023, the Department of Justice lodged two proposed 
consent decrees with the United States District Court for the District 
of Oregon in the lawsuit entitled United States of America et al. v. 
ACF Industries LLC, et al., Civil Action No. 3:23-cv-1603 (D. Or.).
    The complaint asserts claims 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 Oregon; 
the Confederated Tribes of the Grand Ronde Community of Oregon; the 
Confederated Tribes of Siletz Indians; the Confederated Tribes of the 
Umatilla Indian Reservation; the Confederated Tribes of the Warm 
Springs Reservation of Oregon; and the Nez Perce 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); the Oregon Hazardous Waste and Hazardous Materials 
Act, ORS section 465; and ORS section 468B.060.
    The proposed consent decrees settle claims for natural resource 
damages caused by hazardous substances released from defendants' 
facilities along the Willamette River. Under the proposed consent 
decrees, the defendants will pay cash and/or purchase restoration 
credits in one or more restoration projects approved by the Natural 
Resource Trustees to create habitat for injured natural resources, 
including various species of fish and birds. Defendants also must make 
payments for the public's lost recreational use of the river, for 
monitoring of culturally significant plants and animals, and for 
reimbursement of the Natural Resource Trustees' costs. Restoration 
project developers also are parties to the consent decree under which 
some defendants purchase restoration credits in those projects. The 
restoration project developers are required to develop their 
restoration projects, permanently protect the restoration project 
sites, and arrange for long-term stewardship of each restoration 
project. The Natural Resource Trustees will provide defendants with 
covenants not to sue under the authorities listed in the complaint and 
proposed consent decree for specified natural resource damages.
    The publication of this notice opens a period for public comment on 
the proposed Consent Decrees. Comments on the proposed Consent Decrees 
should be addressed to the Assistant Attorney General, Environment and 
Natural Resources Division, and should refer to United States of 
America et al. v. ACF Industries LLC, et al., D.J. Ref. No. 90-11-2-
06787/2. All comments must be submitted no later than forty-five (45) 
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#54242136373b3939313a20793131277a313a2630142127303b3e7a333b22"><span class="__cf_email__" data-cfemail="f1818493929e9c9c949f85dc949482df949f8395b18482959e9bdf969e87">[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 Decrees may be 
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decree/us-et-al-v-acf-industries-llc-et-al. Please note that this website contains the corrected version of the 
cash-out consent decree but not the version originally lodged with the 
court. The corrected version of the cash-out consent decree adds a 
legal entity for one of the settling defendants that inadvertently was 
omitted but does not change the scope of the operations covered by the 
consent decree or the amounts to be paid under the consent decree. 
Please refer to the corrected version of the cash-out consent decree 
when submitting comments. We will provide a paper copy of the Consent 
Decrees 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 $45.25 (without 
attachments) or $631.25 (with attachments) (25 cents per page 
reproduction cost) payable to the United States Treasury.

Kathryn C. Macdonald,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2023-25023 Filed 11-13-23; 8:45 am]
BILLING CODE 4410-15-P


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