[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Notices]
[Page 3841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01357]


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DEPARTMENT OF JUSTICE


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

    On January 19, 2022, the Department of Justice lodged a proposed 
Fifth Amendment to Consent Decree (``Amendment'') with the United 
States District Court for the Western District of Washington in the 
lawsuit entitled United States v. Point Ruston, LLC, Civil Action No. 
C91-5528 B.
    The Amendment constitutes a material modification of a 1997 Consent 
Decree (``Decree'') concerning the remediation of a portion of the 
Commencement Bay, Near Shore/Tide Flats Superfund Site in Tacoma and 
Ruston, Washington (``Site'') by Point Ruston, LLC (``Point Ruston''). 
The Amendment extends various remedial action deadlines for several 
parcels and accelerates the cleanup date for several other parcels. If 
Point Ruston meets certain criteria--timely payment of oversight costs 
due under the Decree and a demonstration of financing sufficient to 
fund the development and capping of a discrete parcel--it is eligible 
for a further extension. As a pre-requisite to the Amendment, Point 
Ruston was required to install groundwater wells and conduct a sampling 
event, pay $1,850,448.74 in stipulated penalties with interest, and pay 
taxes on five parcels at the Site that were in property tax 
foreclosure.
    The publication of this notice opens a period for public comment on 
the Amendment. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, and should refer 
to United States v. Point Ruston, LLC, D.J. Ref. No. 90-11-2-698. 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#e3939681808c8e8e868d97ce868690cd868d9187a39690878c89cd848c95"><span class="__cf_email__" data-cfemail="98e8edfafbf7f5f5fdf6ecb5fdfdebb6fdf6eafcd8edebfcf7f2b6fff7ee">[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 Amendment 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 Amendment 
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 $2.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2022-01357 Filed 1-24-22; 8:45 am]
BILLING CODE 4410-15-P


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