DOJ Proposed Consent Decree Under CERCLA - Henry's Knob Superfund Site

FR: Justice Department

Published March 24th, 2026

Detected March 24th, 2026

Summary

The Department of Justice has lodged a proposed consent decree with the U.S. District Court for South Carolina concerning the Henry's Knob Superfund Site. ABB, Inc. will pay $471,405.16 in past response costs and future costs, and perform interim remedial actions, in exchange for protection from CERCLA claims.

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What changed

The Department of Justice has proposed a consent decree under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) related to the Henry's Knob Superfund Site in York County, South Carolina. The decree, lodged with the U.S. District Court for the District of South Carolina, requires ABB, Inc. to pay $471,405.16 in past unreimbursed response costs, cover future response costs, and perform the selected interim remedial action. In return, the United States agrees to refrain from suing ABB, Inc. under CERCLA sections 106 and 107.

This notice initiates a 30-day public comment period, closing on April 23, 2026. Regulated entities, particularly those involved in environmental remediation or subject to CERCLA actions, should review the proposed decree for its implications on liability and remediation obligations. Comments must be submitted by email to pubcomment-ees.enrd@usdoj.gov or by mail to the Assistant Attorney General, U.S. DOJ-ENRD, P.O. Box 7611, Washington, DC 20044-7611. Failure to comment may result in the decree being filed without modification, potentially leading to binding obligations for ABB, Inc. and setting precedent for similar cases.

What to do next

Review the proposed consent decree for the Henry's Knob Superfund Site.
Submit comments by April 23, 2026, if applicable.
Monitor finalization of the consent decree.

Penalties

ABB, Inc. will pay $471,405.16 in past response costs and future response costs.

Source document (simplified)

Notice

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

A Notice by the Justice Department on 03/24/2026

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Public Inspection Published Document: 2026-05674 (91 FR 14041) Document Headings ###### Department of Justice

( printed page 14041) On March 19, 2026, the Department of Justice lodged a proposed consent decree with the United States District Court for the District of South Carolina, in the lawsuit entitled United States of America v. ABB, Inc., Civil Action No. 0:26-cv-1144.

The United States' complaint seeks recovery of its costs incurred in responding to the release or threat of release of hazardous substances at the Henry's Knob Superfund Site in York County, South Carolina, as well as injunctive relief. Under the consent decree, ABB, Inc. will pay all of the United States' unreimbursed past response costs, totaling $471,405.16, as well as the United States' future response costs. ABB, Inc. will also perform the interim remedial action that EPA selected for the site. In return, the United States agrees not to sue ABB, Inc. under sections 106 and 107 of CERCLA.

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. ABB, Inc., D.J. Ref. No. 90-11-3-12317. 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. |
Any comments submitted in writing may be filed by the United States 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 downloaded and examined from 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.

Scott Bauer,

Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.

[FR Doc. 2026-05674 Filed 3-23-26; 8:45 am]

BILLING CODE 4410-15-P

Published Document: 2026-05674 (91 FR 14041)