[Federal Register Volume 80, Number 12 (Tuesday, January 20, 2015)]
[Notices]
[Pages 2734-2735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00674]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980

    On January 13, 2015, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the District 
of New Jersey in the lawsuits entitled United States v. Pechiney 
Plastic Packaging, Inc., Civil Action No. 09-cv-05692 (PGS-TJB) and 
United States v. Bristol-Myers Squibb Co., et al., Civil Action No. 13-
cv-05798 (PGS-TJB).
    The proposed consent decree is between Plaintiff United States of 
America and the following Settling Defendants: Pechiney Plastic 
Packaging, Inc. (``PPPI''), Bristol-Myers Squibb Company, Myset 
Investment Company, Citigroup Inc., MRC Holdings, Inc., Rexam Beverage 
Can Company, Alb[eacute]a Americas, Inc., and certain real property 
currently owned and operated by Alb[eacute]a (referred to here as 
``Washington Facility''). Rio Tinto AUM is also a signatory to the 
consent decree and bound by certain paragraphs set forth in the 
agreement.
    This consent decree would resolve the United States' claims under 
CERCLA against the Settling Defendants arising from the Pohatcong 
Valley Groundwater Contamination Superfund Site located in Warren 
County, New Jersey (``Site''). The Site consists of an area of two 
plumes of groundwater contamination (one that is contaminated primarily 
with trichloroethylene (``TCE plume'') and another that is contaminated 
primarily with tetrachloroethylene (``PCE plume''), that join into a 
combined plume) which EPA has divided into three Operable Units 
(``OUs''). OU1 addresses groundwater contamination in two areas within 
Washington Borough and neighboring townships. OU2 addresses groundwater 
contamination down-gradient from OU1. OU3 consists of contaminated soil 
source areas in the OU1 area.
    The proposed consent decree provides that PPPI will perform the

[[Page 2735]]

portion of the OU1 Remedial Design and Remedial Action that addresses 
the TCE Plume (as set forth in the OU1 Unilateral Administrative 
Order), the OU2 Remedial Action, a vapor intrusion Removal Action at 
the Washington Facility, and the OU3 Remedial Design and Remedial 
Action for the portion of OU3 that lies within the geographic 
boundaries of the Washington Facility. The United States and Settling 
Defendants have reserved their rights as to legal responsibility for 
the remediation of the portion of OU3 outside the boundaries of the 
Washington Facility. PPPI will also perform a Supplemental 
Environmental Project involving the preservation and restoration of 
approximately 60 acres of land in Warren County. The dollar value of 
the settlement is estimated at $95 million with $32.5 million in 
recovery of past and interim costs, $61.4 million in future costs, 
$281,899 in civil penalties and the Supplemental Environmental Project 
valued at $1.149 million.
    The Consent Decree includes covenants not to sue by the United 
States under Sections 106 and 107 of the Comprehensive Environmental 
Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. 
(``CERCLA''), and under Section 7003 of the Resource Conservation and 
Recovery Act (``RCRA''), 42 U.S.C. 6973.
    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, and 
should refer to United States v. Pechiney Plastic Packaging, Inc. and 
United States v. Bristol-Myers Squibb Co., et al. D.J. Ref. Nos. 90-11-
3-09051 & 90-11-3-09051/1. 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. 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#29595c4b4a4644444c475d044c4c5a074c475b4d695c5a4d4643074e465f"><span class="__cf_email__" data-cfemail="b6c6c3d4d5d9dbdbd3d8c29bd3d3c598d3d8c4d2f6c3c5d2d9dc98d1d9c0">[email protected]</span></a>.
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, D.C. 20044-7611.
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    During the public comment period, the consent decree may be 
examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy 
of the 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 $74.25 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy without the exhibits and signature pages, the cost is $20.00.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2015-00674 Filed 1-16-15; 8:45 am]
BILLING CODE 4410-15-P


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