Notice of Lodging of Settlement Agreement Under the Comprehensive Environmental Response, Compensation, and Liability Act, 79393-79394 [2010-31808]

Download as PDF Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Notices in that amount to the Consent Decree Library at the stated address. Maureen Katz, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2010–31807 Filed 12–17–10; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE jlentini on DSKJ8SOYB1PROD with NOTICES Notice of Lodging of Settlement Agreement Under the Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that on December 14, 2010, a proposed Harvey & Knott Consent Decree and Settlement Agreement (‘‘Harvey & Knott Settlement Agreement’’) in the bankruptcy matter, Motors Liquidation Company, et al., f/k/ a General Motors Corp., et al., Jointly Administered Case No. 09–50026 (REG), was lodged with the United States Bankruptcy Court for the Southern District of New York. The Parties to the Harvey & Knott Settlement Agreement are debtors Motors Liquidation Corporation, formerly known as General Motors Corporation, Remediation and Liability Management Company, Inc., and Environmental Corporate Remediation Company, Inc. (collectively, ‘‘Old GM’’); and the United States of America. The Settlement Agreement resolves claims and causes of action of the Environmental Protection Agency (‘‘EPA’’) against Old GM under the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9601–9675 with respect to the Harvey & Knott Drum Superfund Site in New Castle County, Delaware (the ‘‘Harvey & Knott Site’’). Under the Harvey & Knott Settlement Agreement, Old GM will make a cash payment of $2,484,816 to EPA for remediation at the Harvey & Knott Site. EPA will also receive an allowed general unsecured claim $377,063 for estimated future oversight costs at the Harvey & Knott Site. The Department of Justice will receive, for a period of thirty days from the date of this publication, comments relating to the Harvey & Knott Settlement Agreement. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcommentees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to In re Motors Liquidation Corp., et al., D.J. Ref. 90–11–3–09754. VerDate Mar<15>2010 17:18 Dec 17, 2010 Jkt 223001 Commenters may request an opportunity for a public meeting in the affected area, in accordance with Section 7003(d) of RCRA, 42 U.S.C. 6973(d). The Harvey & Knott Settlement Agreement may be examined at the Office of the United States Attorney, 86 Chambers Street, 3rd Floor, New York, New York 10007, and at the U.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. During the public comment period, the Harvey & Knott Settlement Agreement may also be examined on the following Department of Justice Web site, https:// www.usdoj.gov/enrd/ Consent_Decrees.html. Copies of the Harvey & Knott Settlement Agreement may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611 or by faxing or emailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $5.00 (25 cents per page reproduction cost) payable to the U.S. Treasury or, if by e-mail or fax, please forward a check in that amount to the Consent Decree Library at the stated address. Maureen Katz, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2010–31803 Filed 12–17–10; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Settlement Agreement Under the Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that on December 14, 2010, a proposed Garland Road Consent Decree and Settlement Agreement (‘‘Garland Road Settlement Agreement’’) in the bankruptcy matter, Motors Liquidation Company, et al., f/k/a General Motors Corp., et al., Jointly Administered Case No. 09–50026 (REG), was lodged with the United States Bankruptcy Court for the Southern District of New York. The Parties to the Garland Road Settlement Agreement are debtors Motors Liquidation Corporation, formerly known as General Motors Corporation, Remediation and Liability Management Company, Inc., and Environmental Corporate Remediation Company, Inc. (collectively, ‘‘Old GM’’); the United PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 79393 States of America; and the State of Ohio. The Settlement Agreement resolves claims and causes of action of the Environmental Protection Agency (‘‘EPA’’) and the Ohio Environmental Protection Agency (‘‘Ohio EPA’’) against Old GM under the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9601–9675 with respect to the Garland Road Landfill Superfund Site in Miami County, Ohio (the ‘‘Garland Road Site’’). Under the Garland Road Settlement Agreement, Old GM will make a cash payment of $6,732,895 to Ohio EPA for remediation at the Garland Road Site. EPA will receive an allowed general unsecured claim of $2,505,547 for estimated future oversight costs and for unreimbursed past response costs at the Delphi Harrison Site. Ohio EPA will receive an allowed general unsecured claim for $134,326 for unreimbursed past response costs at the Delphi Harrison Site. The Department of Justice will receive, for a period of thirty days from the date of this publication, comments relating to the Garland Road Settlement Agreement. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to In re Motors Liquidation Corp., et al., D.J. Ref. 90–11–3–09754. Commenters may request an opportunity for a public meeting in the affected area, in accordance with Section 7003(d) of RCRA, 42 U.S.C. 6973(d). The Garland Road Settlement Agreement may be examined at the Office of the United States Attorney, 86 Chambers Street, 3rd Floor, New York, New York 10007, and at the U.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. During the public comment period, the Garland Road Settlement Agreement may also be examined on the following Department of Justice Web site, https:// www.usdoj.gov/enrd/ Consent_Decrees.html. Copies of the Garland Road Settlement Agreement may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611 or by faxing or emailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of E:\FR\FM\20DEN1.SGM 20DEN1 79394 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Notices $5.75 (25 cents per page reproduction cost) payable to the U.S. Treasury or, if by e-mail or fax, please forward a check in that amount to the Consent Decree Library at the stated address. Maureen Katz, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2010–31808 Filed 12–17–10; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Antitrust Division jlentini on DSKJ8SOYB1PROD with NOTICES United States v. L.B. Foster Company and Portec Rail Products, Inc.; Proposed Final Judgment and Competitive Impact Statement Notice is hereby given pursuant to the Antitrust Procedures and Penalties Act, 15 U.S.C. 16(b)–(h), that a proposed Final Judgment, Hold Separate Stipulation and Order, and Competitive Impact Statement have been filed with the United States District Court for the District of Columbia in United States v. L.B. Foster Company and Portec Rail Products, Inc., Civil Action No. 1:10– cv–02115. On December 14, 2010, the United States filed a Complaint alleging that the proposed acquisition by L.B. Foster Company (‘‘Foster’’) of Portec Rail Products, Inc. (‘‘Portec’’) would violate Section 7 of the Clayton Act, 15 U.S.C. 18. The proposed Final Judgment, filed at the same time as the Complaint, requires Foster to divest Portec’s entire rail joint operations (excluding some assets in the United Kingdom), including Portec’s manufacturing facility located in Huntington, West Virginia and tangible and intangible assets associated with Portec’s rail joints, as well as assets used to manufacture and sell certain other related and complementary products currently manufactured at the Huntington facility. The proposed Final Judgment requires that these assets be sold to Koppers Inc. Copies of the Complaint, proposed Final Judgment, and Competitive Impact Statement are available for inspection at the Department of Justice, Antitrust Division, Antitrust Documents Group, 450 Fifth Street, NW., Suite 1010, Washington, DC 20530 (telephone: (202) 514–2481), on the Department of Justice’s Web site at https:// www.usdoj.gov/atr, and at the Office of the Clerk of the United States District Court for District of Columbia. Copies of these materials may be obtained from the Antitrust Division upon request and payment of the copying fee set by VerDate Mar<15>2010 17:18 Dec 17, 2010 Jkt 223001 are the only approved suppliers of these joints. In addition, Foster and Portec are two of only three suppliers of poly joints in the United States and currently supply approximately 54 percent of the market. 3. Elimination of the competition between Foster and Portec likely will result in Foster’s ability to unilaterally raise prices of bonded joints and poly joints to most customers. The proposed acquisition also likely would reduce Patricia A. Brink, Foster’s incentive to invest in Director of Civil Enforcement. innovation in bonded joints. In addition, by eliminating Portec as a United States District Court for the supplier, the acquisition increases the District Of Columbia likelihood of coordinated interaction United States of America, United States between Foster and the other supplier of Department of Justice, Antitrust poly joints. Division, 450 Fifth Street, NW., Suite 4. As a result, the proposed 8700, Washington, DC 20530, Plaintiff acquisition likely would substantially v. lessen competition in the development, L.B. Foster Company, 415 Holiday Drive, manufacture, and sale of bonded joints Pittsburgh, Pennsylvania 15220, and and in the development, manufacture, Portec Rail Products, Inc., 900 Old and sale of poly joints in the United Freeport Road, Pittsburgh, States, in violation of Section 7 of the Pennsylvania 15238, Defendants. Clayton Act, 15 U.S.C. 18. Case: 1:10–cv–02115. II. The Defendants Assigned To: Urbina, Ricardo M. 5. Foster is incorporated in Assign. Date: 12/14/2010. Pennsylvania and has its headquarters Description: Antitrust. in Pittsburgh, Pennsylvania. It Complaint manufactures and distributes numerous The United States of America products and services for the rail, (‘‘United States’’), acting under the construction, energy, and utility direction of the Attorney General of the industries and has approximately 30 United States, brings this civil antitrust locations throughout the United States. action against Defendants L.B. Foster For the rail industry, Foster Company (‘‘Foster’’) and Portec Rail manufactures, among other products, Products, Inc. (‘‘Portec’’) to enjoin bonded joints, poly joints, tie plates, Foster’s proposed acquisition of Portec and rails. Foster had total revenues of and to obtain other equitable relief. The approximately $512 million in 2008 and United States complains and alleges as approximately $382 million in 2009. follows: 6. Portec is incorporated in West Virginia and has its headquarters in I. Nature of the Action Pittsburgh, Pennsylvania. Portec also 1. On February 16, 2010, Foster and manufactures and distributes numerous Portec entered into an Agreement and products and services for the rail Plan of Merger (‘‘Merger Agreement’’). industry and other industries. For the Pursuant to the Merger Agreement, on rail industry, Portec manufactures, February 26, 2010, Foster made a cash among other things, bonded joints, poly tender offer to acquire all the joints, rail lubricators, end posts, and outstanding shares of common stock of curv blocks. Portec has several locations Portec for $11.71 per share. On August in the United States and abroad. Portec 30, 2010, Foster increased its offer to had total revenues of approximately $11.80 per share. The transaction is $109 million in 2008 and approximately valued at approximately $114 million. $92.2 million in 2009. 2. In the United States, Foster’s III. Jurisdiction and Venue proposed acquisition of Portec likely would substantially lessen competition 7. The United States brings this action in two separate product markets— under Section 15 of the Clayton Act, 15 bonded insulated rail joints (‘‘bonded U.S.C. 4 and 25, as amended, to prevent joints’’) and polyurethane-coated and restrain Defendants from violating insulated rail joints (‘‘poly joints’’). Section 7 of the Clayton Act, 15 U.S.C. Foster and Portec are virtually the only 18. 8. Defendants develop, manufacture, manufacturers of bonded joints in the and sell bonded joints, poly joints, and United States and currently supply approximately 95 percent of the market. other products in the flow of interstate commerce. Defendants’ activities in the For many customers, Foster and Portec Department of Justice regulations. Public comment is invited within 60 days of the date of this notice. Such comments and responses thereto will be published in the Federal Register and filed with the Court. Comments should be directed to Maribeth Petrizzi, Chief, Litigation II Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street, NW., Suite 8700, Washington, DC 20530 (telephone: (202) 307–0924). PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\20DEN1.SGM 20DEN1

Agencies

[Federal Register Volume 75, Number 243 (Monday, December 20, 2010)]
[Notices]
[Pages 79393-79394]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31808]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Settlement Agreement Under the Comprehensive 
Environmental Response, Compensation, and Liability Act

    Notice is hereby given that on December 14, 2010, a proposed 
Garland Road Consent Decree and Settlement Agreement (``Garland Road 
Settlement Agreement'') in the bankruptcy matter, Motors Liquidation 
Company, et al., f/k/a General Motors Corp., et al., Jointly 
Administered Case No. 09-50026 (REG), was lodged with the United States 
Bankruptcy Court for the Southern District of New York. The Parties to 
the Garland Road Settlement Agreement are debtors Motors Liquidation 
Corporation, formerly known as General Motors Corporation, Remediation 
and Liability Management Company, Inc., and Environmental Corporate 
Remediation Company, Inc. (collectively, ``Old GM''); the United States 
of America; and the State of Ohio. The Settlement Agreement resolves 
claims and causes of action of the Environmental Protection Agency 
(``EPA'') and the Ohio Environmental Protection Agency (``Ohio EPA'') 
against Old GM under the Comprehensive Environmental Response, 
Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9601-9675 with 
respect to the Garland Road Landfill Superfund Site in Miami County, 
Ohio (the ``Garland Road Site'').
    Under the Garland Road Settlement Agreement, Old GM will make a 
cash payment of $6,732,895 to Ohio EPA for remediation at the Garland 
Road Site. EPA will receive an allowed general unsecured claim of 
$2,505,547 for estimated future oversight costs and for unreimbursed 
past response costs at the Delphi Harrison Site. Ohio EPA will receive 
an allowed general unsecured claim for $134,326 for unreimbursed past 
response costs at the Delphi Harrison Site.
    The Department of Justice will receive, for a period of thirty days 
from the date of this publication, comments relating to the Garland 
Road Settlement Agreement. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. 
Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and 
should refer to In re Motors Liquidation Corp., et al., D.J. Ref. 90-
11-3-09754. Commenters may request an opportunity for a public meeting 
in the affected area, in accordance with Section 7003(d) of RCRA, 42 
U.S.C. 6973(d).
    The Garland Road Settlement Agreement may be examined at the Office 
of the United States Attorney, 86 Chambers Street, 3rd Floor, New York, 
New York 10007, and at the U.S. Environmental Protection Agency, Ariel 
Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. 
During the public comment period, the Garland Road Settlement Agreement 
may also be examined on the following Department of Justice Web site, 
https://www.usdoj.gov/enrd/Consent_Decrees.html. Copies of the Garland 
Road Settlement Agreement may also be obtained by mail from the Consent 
Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, 
DC 20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood 
(tonia.fleetwood@usdoj.gov), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of

[[Page 79394]]

$5.75 (25 cents per page reproduction cost) payable to the U.S. 
Treasury or, if by e-mail or fax, please forward a check in that amount 
to the Consent Decree Library at the stated address.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2010-31808 Filed 12-17-10; 8:45 am]
BILLING CODE 4410-15-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.