86382 Federal Register / Vol. 88, No. 238 / Wednesday, December 13, 2023 / Notices 

Act, its implementing regulations, and 

related state law provisions, at five 

Heritage-Crystal Clean (HCC) facilities 

located in Shreveport, Indianapolis, 

Atlanta, and Denver as well as at a 

former facility in Fairless Hills, 

Pennsylvania. The complaint alleged 

that in the course of providing solventbased parts washing services to 

numerous customers throughout the 

United States, HCC violated various 

hazardous waste management 

requirements by (1) transporting 

hazardous waste without required 

hazardous waste manifests, (2) storing 

hazardous waste at HCC facilities that 

do not have hazardous waste permits, 

(3) failing to make adequate hazardous 

waste determinations after mixing used 

solvents that HCC accepted from 

numerous different customers, (4) 

failing to comply with certain 

requirements for reducing air emissions 

from hazardous waste tanks and 

equipment, and (5) failing to maintain 

adequate secondary containment for 

certain hazardous waste tanks. The 

complaint also alleged that HCC 

violated certain requirements applicable 

to storage of used oil at HCC’s 

Shreveport facility, and certain 

requirements governing management of 

solid wastes at HCC’s Indianapolis 

facility (the ‘‘10th Street Facility’’). 

The proposed settlement prohibits 

HCC from treating, storing, or disposing 

of hazardous waste at any HCC facility 

that does not have a hazardous waste 

management permit. The proposed 

settlement also includes extensive 

measures to assure that HCC facilities 

do not manage used parts washing 

solvent that is subject to regulation as 

hazardous waste. These measures 

include: (1) screening new customers; 

(2) screening used parts washing 

solvents before HCC accepts such 

solvents for transport and management; 

(3) providing educational materials to 

certain parts washing customers; (4) 

testing of used parts washing solvent 

accepted by HCC to determine whether 

any used solvents accepted and 

managed by HCC are hazardous waste; 

(5) prompt removal from HCC facilities 

of any used parts washing solvents 

shown to be hazardous waste; (6) a 

prohibition on processing of certain 

used solvents, including by gravity 

separation, for the purpose of making 

the used solvent suitable for resale and 

re-use. The proposed settlement also 

provides for HCC to apply for a permit 

to store and treat hazardous waste at its 

10th Street Facility. Pending issuance of 

a hazardous waste permit for the 10th 

Street Facility and construction of any 

waste management units authorized by 

such a permit, the proposed Consent 

Decree requires HCC to implement 

various interim measures at the 10th 

Street Facility, including various 

inspection requirements, and 

requirements to close open vents on 

certain tanks used to store used solvent 

at the 10th Street Facility. In addition, 

the proposed Consent Decree includes 

provisions for a third-party audit of 

HCC’s implementation of Consent 

Decree requirements. Finally, the 

proposed Consent Decree provides for 

HCC to pay civil penalties totaling 

$1,162,500, with specified portions of 

the penalty amount allocated to the 

United States, the Louisiana Department 

of Environmental Quality, and the State 

of Indiana. 

The publication of this notice opens 

a period for public comment on the 

proposed Consent Decree. Comments 

should be addressed to the Assistant 

Attorney General, Environment and 

Natural Resources Division, and should 

refer to United States, Louisiana 

Department of Environmental Quality, 

and the State of Indiana v. HeritageChrystal Clean, LLC D.J. Ref. No. 90–7– 

1–11889. 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: 

To submit 

comments: Send them to: 

By email ....... pubcomment-ees.enrd@

usdoj.gov. 

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: http://

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 $33.50 (25 cents per page 

reproduction cost) payable to the United 

States Treasury. 

Thomas Carroll, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2023–27319 Filed 12–12–23; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Consent Decree Under the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act 

On December 6, 2023, the Department 

of Justice lodged a proposed consent 

decree with the United States District 

Court for the District of New Jersey in 

United States v. Wyeth Holdings LLC, 

2:23–cv–22922 (D.N.J.). 

The United States filed a complaint 

under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act against 

Wyeth Holdings LLC, for recovery of 

damages for injury to, loss of, or 

destruction of natural resources 

resulting from the release of hazardous 

substances at or from the American 

Cyanamid Superfund Site (the ‘‘Site’’) in 

Bridgewater Township, Somerset 

County, New Jersey. Specifically, the 

United States alleges releases of 

hazardous substances caused injury to 

floodplains, riparian areas, and 

wetlands adjacent to the Site and the 

biota supported by these habitats, 

including macroinvertebrates, 

amphibians, reptiles, birds, and 

mammals. These natural resources are 

under the trusteeship of the United 

States Department of the Interior (DOI), 

through the United States Fish and 

Wildlife Service (FWS), the National 

Oceanic and Atmospheric 

Administration (NOAA), and New 

Jersey Department of Environmental 

Protection (NJDEP). 

The proposed Consent Decree is 

among the United States, NJDEP, and 

Wyeth Holdings LLC. Under the 

proposed Consent Decree, Wyeth 

Holdings LLC, will undertake and fund 

the ‘‘Duke Farms Forested Floodplain 

Restoration Project,’’ which will restore 

112 areas of former farmland located 

upstream of the Site on the Raritan 

River to a natural habitat. Wyeth will 

also pay the DOI, NOAA, and NJDEP’s 

assessment and oversight costs. 

The publication of this notice opens 

a period for public comment on the 

Consent Decree. Comments should be 

addressed to the Assistant Attorney 

General, Environment and Natural 

Resources Division, United States 

Department of Justice, and should refer 

to United States and New Jersey 

Department of Environmental 

Protection v. Wyeth Holdings LLC, D.J. 

Ref. No. 90–11–3–07250/4. All 

comments must be submitted no later 

than sixty (60) days after the publication 

date of this notice. Comments may be 

submitted either by email or by mail: 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 88, No. 238 / Wednesday, December 13, 2023 / Notices 86383 

To submit 

comments: Send them to: 

By email ....... pubcomment-ees.enrd@

usdoj.gov. 

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 email 

request to pubcomment-ees.enrd@

usdoj.gov. 

Henry S. Friedman, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2023–27251 Filed 12–12–23; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Notice of Proposed Settlement 

Agreement Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

On December 4, 2023, a proposed 

Settlement Agreement between the 

United States, on behalf of (a) the 

United States Department of the Interior 

(‘‘DOI’’) and (b) the United States 

Environmental Protection Agency 

(‘‘EPA’’), and Mallinckrodt plc, and the 

Mallinckrodt General Unsecured Claims 

Trust (the ‘‘GUC Trust’’ and, with the 

Reorganized Debtors, collectively, 

‘‘Mallinckrodt’’), was filed with the 

United States Bankruptcy Court for the 

District of Delaware in the Chapter 11 

case captioned, In re: Mallinckrodt PLC, 

Case No.: 20–12522. 

On October 12, 2020, each of 

Mallinckrodt plc and its debtor affiliates 

filed voluntary petitions in the 

Bankruptcy Court. The United States, on 

behalf of DOI and EPA, filed a proof of 

claim asserting a claim against 

Mallinckrodt for past costs and future 

liability as a potential liable party at the 

Sangamo Electric Dump/Crab Orchard 

National Wildlife Refuge Site pursuant 

to the Comprehensive Environmental 

Response Comprehensive 

Environmental Response, 

Compensation, and Liability Act. The 

proposed Settlement Agreement grants 

the United States an allowed unsecured 

claim against Mallinckrodt US Holdings 

LLC on behalf of DOI in the amount of 

$56,880,784, and for EPA in the amount 

of $499,216. Mallinckrodt’s Fourth 

Amended Joint Plan of Reorganization, 

which the Bankruptcy Court confirmed, 

and which went effective on Jun 16, 

2022, dictate the terms of payment for 

the United States’ allowed claim. 

The publication of this notice opens 

a period for public comment on the 

proposed Settlement Agreement. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, and should refer to, In re: 

Mallinckrodt PLC, Case No.: 20–12522, 

D.J. Ref. No. 90–11–2–09556/2. 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: 

To submit 

comments: Send them to: 

By email ....... pubcomment-ees.enrd@

usdoj.gov. 

By mail ......... Assistant Attorney General, 

U.S. DOJ—ENRD, P.O. 

Box 7611, Washington, DC 

20044–7611. 

Under section 7003(d) of RCRA, a 

commenter may request an opportunity 

for a public meeting in the affected area. 

During the public comment period, 

the Settlement Agreement may be 

examined and downloaded at this 

Justice Department website: http://

www.justice.gov/enrd/consent-decrees. 

We will provide a paper copy of the 

Settlement Agreement 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 $3.75 (25 cents per page 

reproduction cost) payable to the United 

States Treasury. 

Patricia M. McKenna, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2023–27361 Filed 12–12–23; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Consent Decree Under the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act 

On December 5, 2023, the Department 

of Justice lodged a proposed Consent 

Decree with the United States District 

Court for the Central District of Illinois 

in the lawsuit entitled United States et 

al. v. TCI Pacific Communications LLC, 

Case No. 23–4218. 

The proposed Consent Decree settles 

claims brought by the United States 

under Sections 106 and 107 of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (‘‘CERCLA’’), 42 U.S.C. 9606 and 

9607 against TCI Pacific 

Communications LLC (‘‘Defendant’’) 

seeking reimbursement of response 

costs and performance of remedial 

measures with respect to Operable Unit 

4 (‘‘OU4’’) of the DePue/New Jersey 

Zinc/Mobil Chemical Corp. Superfund 

Site in DePue, Illinois. The Consent 

Decree would also resolve claims 

brought by the State of Illinois under 

CERCLA, 42 U.S.C. 9607 and the Illinois 

Environmental Protection Act, 415 ILCS 

5/22.2 and 5/42 (d) and (e), for 

performance of a remedial action and 

recovery of the State’s unreimbursed 

costs incurred at or in connection with 

OU4 at the Site. The Consent Decree 

requires Defendants to pay the United 

States a total of $368,831.16 in EPA’s 

response costs and perform the remedial 

‘‘Work’’ defined in the Scope of Work, 

attached to the Consent Decree as 

Appendix B. The Work consists of 

excavation of contaminated soil and 

Site-related material from residences, 

parks, and alleys, backfilling with clean 

soil, revegetation, and stockpiling and 

management of the excavated fill in the 

Former Plant Site Area of OU3. 

The publication of this notice opens 

a period for public comment on the 

proposed Consent Decree. Comments 

should be addressed to the Assistant 

Attorney General, Environment and 

Natural Resources Division, and should 

refer to United States et al. v. TCI 

Pacific Communications LLC, DJ No. 

90–11–3–11937/1. All comments must 

be submitted no later than thirty (30) 

days after the publication date of this 

notice. Commenters may request an 

opportunity for a public meeting in the 

affected area in accordance with section 

7003(d) of RCRA, 42 U.S.C. 6973(d). 

Comments may be submitted either by 

email or by mail: 

To submit 

comments: Send them to: 

By email ....... pubcomment-ees.enrd@

usdoj.gov. 

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. 


khammond on DSKJM1Z7X2PROD with NOTICES