Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Notices 46287 

Corporation, El Paso Natural Gas 

Company LLC, and Homestake Mining 

Company of California (collectively, the 

‘‘mining companies’’) at the San Mateo 

Uranium Mine Site in Cibola County, 

New Mexico (the ‘‘Site’’). The Site is 

largely located within the Cibola 

National Forest, which is land managed 

by the United States Forest Service 

(‘‘USFS’’), a sub-agency of the United 

States Department of Agriculture 

(‘‘USDA’’). Pursuant to its authority 

under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(‘‘CERCLA’’), 42 U.S.C. 9601 et seq., the 

USFS issued a unilateral administrative 

order (‘‘UAO’’) to the mining companies 

requiring them to perform response 

actions to address the hazardous 

substances at the Site. In 2015, the 

mining companies filed a complaint 

against the United States under Section 

107 of CERCLA, 42 U.S.C. 9607, seeking 

to recover the response costs incurred 

by the mining companies in 

implementing the UAO. The United 

States filed a counterclaim on behalf of 

the USFS, USDA, and the United States 

Environmental Protection Agency 

(‘‘EPA’’) against the mining companies 

under Sections 107 and 113 of CERCLA, 

42 U.S.C. 9607 and 9613, for the United 

States’ past and future response costs at 

the Site. 

The proposed Consent Decree would 

resolve claims and counterclaims 

asserted by the mining companies and 

the United States. The United States 

will pay $1.595 million to the mining 

companies and the mining companies 

will pay $25,000 to the EPA Hazardous 

Substance Superfund (‘‘Superfund’’). 

The United States covenants to not sue 

the mining companies under Section 

106 or 107 of CERCLA, 42 U.S.C. 9606 

and 9607, for past and future work by 

the mining companies related to 

implementation of the UAO or the 

United States’ response costs. The 

mining companies will be entitled to 

protection from contribution actions or 

claims under Section 113(f)(2) of 

CERCLA, 42 U.S.C. 9613(f)(2), for 

matters addressed in the proposed 

Consent Decree. Pursuant to the 

proposed Consent Decree, the mining 

companies covenant not to bring any 

claims against the United States for the 

work related to implementation of the 

UAO, other response actions, the United 

States’ response costs, or the mining 

companies’ response costs. The USFS, 

USDA, and the United States 

Department of Energy, as settling federal 

agencies, agree not to assert a claim for 

reimbursement from the Superfund with 

respect to work related to the 

implementation of the UAO, past 

response actions, United States response 

costs, or the mining companies’ 

response costs. 

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 Nuclear Corp., et al., v. 

United States of America, D.J. Ref. No. 

90–11–3–11380. 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 Consent Decree may be examined 

and downloaded at this Justice 

Department Web site: 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 $24.00 (25 cents per page 

reproduction cost) payable to the United 

States Treasury. 

Thomas P. Carroll, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 2017–21353 Filed 10–3–17; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Consent Decree Under the Clean Water 

Act 

On September 27, 2017, the 

Department of Justice lodged a proposed 

Consent Decree with the United States 

District Court for the District of Nevada 

in the lawsuit entitled United States and 

the State of Nevada v. The City of North 

Las Vegas, Civil Action No. 2:17–cv– 

02508. 

In this action, the United States and 

the State of Nevada filed a complaint 

alleging claims against the City of North 

Las Vegas (City) for the City’s violations 

of Sections 307 and 308 of the Clean 

Water Act (CWA), 33 U.S.C. 1317–1318, 

the terms of the City’s National 

Pollutant Discharge Elimination System 

permit (NPDES permit), federal 

pretreatment regulations found at 40 

CFR 403, and State laws NRS 445A.500– 

530. 

The proposed settlement requires the 

City to comply with its NPDES permit 

issued under the CWA, the federal 

pretreatment regulations (40 CFR 403) 

and State laws NRS 445A.500–530. The 

proposed settlement also requires the 

City to submit its recently developed 

pretreatment program to the United 

States Environmental Protection Agency 

for final approval and to pay a civil 

penalty amount of $385,000 to be 

divided equally between the United 

States and the State. 

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 and the State of 

Nevada v. The City of North Las Vegas, 

Civil Action No. 2:17–cv–02508, D.J. 

Ref. No. 90–5–1–1–11443. 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 Web site: https://

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 $7.75 (25 cents per page 

reproduction cost) payable to the United 

States Treasury. 

Henry Friedman, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2017–21293 Filed 10–3–17; 8:45 am] 

BILLING CODE 4410–15–P 


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