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[Federal Register Volume 90, Number 14 (Thursday, January 23, 2025)]
[Notices]
[Page 8049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01543]

[[Page 8049]]

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DEPARTMENT OF JUSTICE

Notice of Lodging of Proposed Consent Decree Under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA'')

    On January 16, 2025, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of Massachusetts in the lawsuit entitled United States v. Aerosols 
Danville, Inc., et al., Civil Action No. 25-10115 (D. Mass.).
    The proposed Consent Decree would resolve the affirmative claims of 
the United States, on behalf of the United States Department of the 
Interior (``DOI''), in United States v. Aerosols Danville, Inc., et 
al., Civil Action No. No. 25-10115 (D. Mass.) against Aerosols 
Danville, Inc., f/k/a KIK Custom Products, Inc.; Avnet, Inc.; Bank of 
America, N.A., Trustee u/w of Lloyd G. Balfour; BASF Catalysts LLC; 
Chevron Environmental Management Company, for itself and as Attorney-
in-Fact for Kewanee Industries, Inc.; City of Attleboro, Massachusetts; 
ConocoPhillips Company; Handy & Harman; International Paper Company; 
Swank Holdings, Inc.; Teknor Apex Company; Texas Instruments 
Incorporated; Waste Management of Massachusetts, Inc.; and Town of 
Norton, Massachusetts (collectively referred to as ``Defendants'' 
herein). In that lawsuit, the United States, under section 107(a) of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9607(a), seeks damages 
for injuries to natural resources and recovery of assessment costs 
incurred by DOI in connection with the Shpack Landfill Site located in 
the City of Attleboro, Massachusetts and the Town of Norton, 
Massachusetts. The proposed Consent Decree would also resolve the 
related claims of the Commonwealth of Massachusetts against Defendants 
and the United States, on behalf of the United States Department of 
Energy, in the lawsuit entitled Massachusetts v. Aerosols Danville, 
Inc., et al., Civil Action No. 25-10118 (D. Mass).
    Under the proposed Consent Decree, Defendants and the United 
States, on behalf of the Department of Energy, will pay a combined 
$2,100,000, which will go towards natural resource restoration efforts 
and assessment costs incurred by DOI and the Commonwealth. In exchange, 
Defendants and the United States, on behalf of the Department of 
Energy, will receive covenants not to sue under sections 107 of CERCLA, 
42 U.S.C. 9607, and contribution protection under section 113 of 
CERCLA, 42 U.S.C. 9613. In addition, Defendants will receive a covenant 
from the Commonwealth not to sue under the Massachusetts Oil and 
Hazardous Material Release Prevention and Response Act, Mass. Gen Laws 
ch. 21E, sections 1-22, or any other statutory law, or any common law.
    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, 
Environmental Enforcement Section, and should refer to United States v. 
Aerosols Danville, Inc., et al., Civil Action No. No. 25-10115 (D. 
Mass.), D.J. Ref. Nos. 90-11-2-08360/4 and 90-11-6-21155. 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............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    Any comments submitted in writing may be filed in whole or in part 
on the public court docket without notice to the commenter.
    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. If you require assistance 
accessing the consent decree, you may request assistance by email or by 
mail to the addresses provided above for submitting comments.

Eric D. Albert,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2025-01543 Filed 1-22-25; 8:45 am]
BILLING CODE 4410-15-P
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