[Federal Register Volume 87, Number 108 (Monday, June 6, 2022)]
[Notices]
[Pages 34303-34304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12064]


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DEPARTMENT OF JUSTICE


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

    On May 31, 2022, the Department of Justice lodged a proposed 
Supplemental Consent Decree with the United States District Court for 
the District of Massachusetts in United States and Commonwealth of 
Massachusetts v. AVX Corp. et al., Civil Action Nos. 83-3882-Y and 83-
3889-Y (D. Mass.).
    On February 27, 1984, the United States filed a complaint against 
Cornell Dubilier Electronics, Inc. (``CDE''), among other defendants, 
in accordance with Sections 106 and 107 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(``CERCLA''), as amended, seeking injunctive relief, natural resource 
damages, and reimbursement of response costs incurred or to be incurred 
for hazardous substances at the New Bedford Harbor Superfund Site, in 
Bristol County, Massachusetts (the ``Site''). On February 28, 1984, the 
Commonwealth of Massachusetts also filed a complaint against CDE, among 
others parties, under Section 107 of CERCLA, seeking abatement, natural 
resource damages, and reimbursement of response actions taken or to be 
taken at or in connection with the release or

[[Page 34304]]

threatened release of hazardous substances at the Site. The United 
States and Massachusetts entered into a consent decree with CDE in 
1992. The 1992 consent decree resolved CDE's liability subject to the 
governments' ability to further pursue claims under a reservation of 
rights set forth in paragraph 17 of the 1992 consent decree, 
authorizing the governments to seek additional relief based on unknown 
conditions or new information (``reopener''). The proposed Supplemental 
Consent Decree supplements the 1992 consent decree by requiring CDE to 
make a cash payment to resolve CDE's liability for response costs and 
injunctive relief under Sections 106 and 107 of CERCLA and certain 
claims arising under state law, arising from the reopener set forth in 
Paragraph 17 of the 1992 consent decree.
    Under the terms of the Supplemental Consent Decree, CDE will pay $4 
million, plus applicable interest, toward the cleanup of the New 
Bedford Harbor Site (in addition to the approximately $21 million CDE 
already paid under the 1992 consent decree). CDE's $4 million payment 
amount was based upon a determination that CDE had limited financial 
ability to pay for response costs incurred and to be incurred at the 
Site. CDE's $4 million payment will be split between the United States 
and the Commonwealth. Specifically, CDE will pay the United States $3.6 
million, and CDE will pay the Commonwealth $400,000. The governments 
have agreed to resolve their claims for all response costs and 
injunctive relief without new ``reopeners'' under Sections 106 and 107 
of the CERCLA. The governments retain their rights to additional relief 
for natural resource damages pursuant to a reservation of rights in the 
1992 consent decree.
    Relatedly, on May 31, 2022, the United States and State of New 
Jersey lodged a $4 million ability-to-pay consent decree in the United 
States District Court for the District of New Jersey in United States 
et al. v. Cornell Dubilier Electronics, Inc., Civil Action No. 2:22-cv-
03245 (D.N.J.), relating to the Woodbrook Road Dump Superfund Site in 
South Plainfield, New Jersey. This consent decree, along with the 
Supplemental Consent Decree, resolve CDE's liability for response costs 
in connection with both the Woodbrook Road Site and New Bedford Harbor 
Site, respectively.
    The publication of this notice opens a period for public comment on 
the Supplemental Consent Decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States and Commonwealth of Massachusetts v. 
AVX Corp. et al., Civil Action Nos. 83-3882-Y and 83-3889-Y (D. Mass.), 
D.J. Ref. No. 90-11-2-32/5. 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:

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         To submit comments:                     Send them to:
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By email............................  <a href="/cdn-cgi/l/email-protection#8ffffaedece0e2e2eae1fba2eaeafca1eae1fdebcffafcebe0e5a1e8e0f9"><span class="__cf_email__" data-cfemail="bacacfd8d9d5d7d7dfd4ce97dfdfc994dfd4c8defacfc9ded5d094ddd5cc">[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 proposed Supplemental 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 modification 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 $18.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2022-12064 Filed 6-3-22; 8:45 am]
BILLING CODE 4410-15-P


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