Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act and Resource Conservation and Recovery Act, 19784-19785 [05-7468]

Download as PDF 19784 Federal Register / Vol. 70, No. 71 / Thursday, April 14, 2005 / Notices 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), National Fenestration Rating Council, Inc. (‘‘NFRC’’) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing (1) the name and principal place of business of the standards development organization and (2) the nature and scope of its standards development activities. The notifications were filed for the purpose of invoking the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Pursuant to section 6(b) of the Act, the name and principal place of business of the standards development organization is: National Fenestration Rating Council, Inc., Silver Spring, MD. The nature and scope of NFRC’s standards development activities are: Development and publication of product performance standards for window, door and skylight products. Dorothy B. Fountain, Deputy Director of Operations, Antitrust Division. [FR Doc. 05–7463 Filed 4–13–05; 8:45 am] BILLING CODE 4410–11–M DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that on March 30, 2005, a proposed Consent Decree in United States v. City of New Orleans, et al., Civil Action No. 02–3618, Section ‘‘E’’, was lodged with the United States District Court for the Eastern District of Louisiana. In this action the United States, on behalf of the United States Environmental Protection Agency (‘‘EPA’’), sought to recover response costs from certain parties, including CFI Industries, Inc. (‘‘CFI’’). EPA incurred such costs in response to releases and threatened releases of hazardous substances from the Agriculture Street Landfill (the ‘‘Site’’) located in New Orleans, Louisiana. The proposed Consent Decree require CFI to pay $1.75 million towards the response costs incurred by EPA. The proposed Consent Decree resolves CFI’s liability under Section 107(a) of CERCLA, 42 U.S.C. 9607(a), for costs already incurred to the site by EPA or by the Department of Justice on behalf of EPA. The Department of Justice will receive for a period of thirty (30) days from the VerDate jul<14>2003 19:36 Apr 13, 2005 Jkt 205001 date of this publication comments relating to the Consent Decree. Comments should be addressed to the Assistant Attorney General for the Environment and Natural Resources Division, U.S. Department of Justice, P.O. Box 7611, NW., Washington, DC 20044–7611, and should refer to United States v. City of New Orleans, et al., D.J. Ref. 90–11–3–1638/2. The Consent Decree may be examined at the Office of the United States Attorney, Eastern District of Louisiana, 501 Magazine Street, Suite 210, New Orleans, LA 70130, and at the offices of EPA, Region 6, 1455 Ross Ave., Dallas, TX 75202–2733. During the public comment period, the Consent Decree, may also be examined on the following Department of Justice Web site, https:// www.usdoj.gov/enrd/open.html. A copy of the Consent Decree 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 $5.00 (25 cents per page reproduction cost) payable to the U.S. Treasury. W. Benjamin Fisherow, Deputy Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 05–7466 Filed 4–13–05; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act and Resource Conservation and Recovery Act Notice is hereby given that on March 31, 2005, a proposed Supplemental Consent Decree, in United States, et al., v. Outboard Marine Corp., et al., Civil No. 88–C–8571 (N.D. Ill.), was lodged with the United States District Court for the Northern District of Illinois, pertaining to the Outboard Marine Corporation (‘‘OMC’’) Superfund Site (the ‘‘Site’’), located in Waukegan, Lake County, Illinois. The Supplemental Consent Decree among the United States on behalf of the U.S. EPA, the State of Illinois (the ‘‘State’’) (collectively, ‘‘Government Plaintiffs’’) and the City of Waukegan, Illinois (the ‘‘City’’) under the Comprehensive Environmental PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 Response, Compensation and Liability Act, as amended (‘‘CERCLA’’), 42 U.S.C. 9601–9675; the Resource Conservation and Recovery Act (‘‘RCRA’’), 42 U.S.C. 6901–6992k; the Illinois Environmental Protection Act, 415 ILCS 5/1 et seq.; and other authorities, resolves the potential liability of the City, which has petitioned for leave of Court to intervene as Defendant, and its successors, assigns and transferees, for Existing Contamination at a portion (the ‘‘Property’’) of the Site, located in Waukegan, Lake County, Illinois. The proposed settlement, incorporating aspects of a prospective purchaser agreement, is captioned as a Supplemental Consent Decree in this case brought in 1988 against OMC, which is currently in Chapter 7 bankruptcy proceedings initiated in December 2000 in Bankruptcy Court for the Northern District of Illinois. This civil action was initially brought by the United States and the State of Illinois in 1988 against OMC under CERCLA and other authorities, in connection with releases and threatened releases of hazardous substances at the OMC Site, including the Property. On or about May 1, 1989, the Court entered a Consent Decree and Order resolving the Government Plaintiffs’ claims against OMC. Under that Consent Decree, OMC completed design, remediation and restoration activities in 1995 to address polychlorinated biphenyl compounds (‘‘PCB’’) contamination in the Waukegan Harbor, lagoons, ditches and other areas around portions of the OMC Site, including the Property, pursuant to a Record of Decision issued by U.S. EPA under CERCLA. OMC performed operation and maintenance (‘‘O&M’’) of the Waukegan Harbor PCB remedy under the 1989 Consent Decree until January 2001, shortly after filing for bankruptcy. Under the Supplemental Consent Decree, the City, after acquiring the Property, will finance and perform major aspects of the O&M of the Waukegan Harbor PCB Remedy, perform certain maintenance measures for Plant 2, a building structure on the Property, and implement institutional controls relating to the Property. The City will receive a covenant not to sue under Sections 106 and 107(a) CERCLA, 42 U.S.C. 9606 and 9607(a)—excluding natural resource damages—and certain provisions of RCRA, the Toxic Substances Control Act, 15 U.S.C. 2601– 2692, the Clean Water Act, 33 U.S.C. 1251–1387, the Illinois Environmental Protection Act, 415 ILCS 5/1 et seq., Section 13 of the River and Harbors Act of 1899, 33 U.S.C. 407, the Illinois Public Nuisance Act, 415 ILCS 5/47–5 et E:\FR\FM\14APN1.SGM 14APN1 Federal Register / Vol. 70, No. 71 / Thursday, April 14, 2005 / Notices seq. and common law nuisance with respect to the Existing Contamination at the property. The United States and the State reserve their rights against the City for, among other things, failure to meet requirements of the Supplemental Consent Decree, exacerbation of Existing Contamination, and claims relating to any lien provisions of Section 107 of CERCLA, 42 U.S.C. 9607. The Supplemental Consent Decree terms anticipate that the City intends to develop the Property as part of a multiparcel Brownfields initiative for the Waukegan Harbor area. The Department of Justice will receive, for a period of thirty (30) days from the date of this publication, comments relating to the proposed Supplemental Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, United States Department of Justice, P.O. Box 7611, Washington, DC 20044–7611, and should refer to United States et al., v. Outboard Marine Corp. et al., Civil No. 88–C–8571 (N.D. Ill.), and DOJ Reference No. 90–11–3–07051/ 3. 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 proposed Supplemental Consent Decree may be examined at: (1) The Office of the United States Attorney for the Northern District of Illinois, U.S. Courthouse, 1500 South, Everett McKinley Dirksen Bldg., 219 South Dearborn St., Chicago, IL 60604 (312– 353–1994); and (2) the United States Environmental Protection Agency (Region 5), 77 West Jackson Blvd., Chicago, IL 60604–3507 (contact: Thomas Martin (312–886–4273)). During the public comment period, the proposed Supplemental Consent Decree may also be examined on the following U.S. Department of Justice Web site, https://usdoj.gov/enrd/ open.html. A copy of the porposed Supplemental Consent Decree may also be obtained by mail from the Consent Decree Library, U.S. Department of Justice, P.O. Box 7611, 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 no. (202) 514–1547. In requesting a copy, please refer to the referenced case and DOJ reference Number and enclose a check in the amount of $10.50 for the Supplemental Consent Decree only (42 pages, at 25 cents per page reproduction cost), or $76.50 for the Supplemental Consent Decree and all appendices (306 VerDate jul<14>2003 19:36 Apr 13, 2005 Jkt 205001 pages), made payable to the U.S. Treasury. W. Benjamin Fisherow, Deputy Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 05–7468 Filed 4–13–05; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that an amended consent decree in United States v. Pneumo Abex Corporation, et al., Civil Action No. 2–96–CV–27 (E.D. Va.) was lodged with the court on March 15, 2005. The proposed amended consent decree modifies the remedy to be performed at the Abex Superfund Site Portsmouth, Virginia to conform that remedy to the future land use of a portion of the site, which will be commercial/industrial, rather than residential. The modified remedy is called for in an Explanation of Significant Differences issued by the United States Environmental Protection Agency under Section 117 of the Comprehensive Environmental Response, Compensation and Liability Act, as amended (‘‘CERCLA’’), 42 U.S.C. 9617. The Department of Justice will receive, for a period of thirty (30) days from the date of this publication, comments relating to the proposed consent decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 2004, and should refer to United States v. Pneumo Abex Corporation, et al., DOJ Ref. #90–11–3–255A. The proposed consent decree may be examined and copied at the Office of the United States Attorney, Main Street Centre, 600 E. Main Street, Richmond, VA 23219; or at the Region III Office of the Environmental Protection Agency, c/o Marcia P. Everett, Senior Assistant Regional Counsel, 1650 Arch Street, Philadelphia, PA 19103. During the public comment period, the amended consent decree, may also be examined on the following Department of Justice Web site, https://www.usdoj.gov/enrd/ open.html. A copy of the amended decree 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 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 19785 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 $41.00 (25 cents per page reproduction cost) payable to the U.S. Treasury. Robert Brook, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 05–7470 Filed 4–13–05; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Bureau of Alcohol, Tobacco, Firearms and Explosives Agency Information Collection Activities: Proposed Collection; Comments Requested 60-Day notice of information collection under review: Application and permit for importation of firearms and ammunition and implements of war. ACTION: The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for ‘‘sixty days’’ until June 13, 2005. This process is conducted in accordance with 5 CFR 1320.10. If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Derek Ball, Firearms and Explosives Imports Branch, Room 5100, 650 Massachusetts Avenue, NW., Washington, DC 20226. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; E:\FR\FM\14APN1.SGM 14APN1

Agencies

[Federal Register Volume 70, Number 71 (Thursday, April 14, 2005)]
[Notices]
[Pages 19784-19785]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7468]


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

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation and Liability Act and Resource 
Conservation and Recovery Act

    Notice is hereby given that on March 31, 2005, a proposed 
Supplemental Consent Decree, in United States, et al., v. Outboard 
Marine Corp., et al., Civil No. 88-C-8571 (N.D. Ill.), was lodged with 
the United States District Court for the Northern District of Illinois, 
pertaining to the Outboard Marine Corporation (``OMC'') Superfund Site 
(the ``Site''), located in Waukegan, Lake County, Illinois.
    The Supplemental Consent Decree among the United States on behalf 
of the U.S. EPA, the State of Illinois (the ``State'') (collectively, 
``Government Plaintiffs'') and the City of Waukegan, Illinois (the 
``City'') under the Comprehensive Environmental Response, Compensation 
and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9601-9675; the 
Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6901-
6992k; the Illinois Environmental Protection Act, 415 ILCS 5/1 et seq.; 
and other authorities, resolves the potential liability of the City, 
which has petitioned for leave of Court to intervene as Defendant, and 
its successors, assigns and transferees, for Existing Contamination at 
a portion (the ``Property'') of the Site, located in Waukegan, Lake 
County, Illinois. The proposed settlement, incorporating aspects of a 
prospective purchaser agreement, is captioned as a Supplemental Consent 
Decree in this case brought in 1988 against OMC, which is currently in 
Chapter 7 bankruptcy proceedings initiated in December 2000 in 
Bankruptcy Court for the Northern District of Illinois.
    This civil action was initially brought by the United States and 
the State of Illinois in 1988 against OMC under CERCLA and other 
authorities, in connection with releases and threatened releases of 
hazardous substances at the OMC Site, including the Property. On or 
about May 1, 1989, the Court entered a Consent Decree and Order 
resolving the Government Plaintiffs' claims against OMC. Under that 
Consent Decree, OMC completed design, remediation and restoration 
activities in 1995 to address polychlorinated biphenyl compounds 
(``PCB'') contamination in the Waukegan Harbor, lagoons, ditches and 
other areas around portions of the OMC Site, including the Property, 
pursuant to a Record of Decision issued by U.S. EPA under CERCLA. OMC 
performed operation and maintenance (``O&M'') of the Waukegan Harbor 
PCB remedy under the 1989 Consent Decree until January 2001, shortly 
after filing for bankruptcy.
    Under the Supplemental Consent Decree, the City, after acquiring 
the Property, will finance and perform major aspects of the O&M of the 
Waukegan Harbor PCB Remedy, perform certain maintenance measures for 
Plant 2, a building structure on the Property, and implement 
institutional controls relating to the Property. The City will receive 
a covenant not to sue under Sections 106 and 107(a) CERCLA, 42 U.S.C. 
9606 and 9607(a)--excluding natural resource damages--and certain 
provisions of RCRA, the Toxic Substances Control Act, 15 U.S.C. 2601-
2692, the Clean Water Act, 33 U.S.C. 1251-1387, the Illinois 
Environmental Protection Act, 415 ILCS 5/1 et seq., Section 13 of the 
River and Harbors Act of 1899, 33 U.S.C. 407, the Illinois Public 
Nuisance Act, 415 ILCS 5/47-5 et

[[Page 19785]]

seq. and common law nuisance with respect to the Existing Contamination 
at the property.
    The United States and the State reserve their rights against the 
City for, among other things, failure to meet requirements of the 
Supplemental Consent Decree, exacerbation of Existing Contamination, 
and claims relating to any lien provisions of Section 107 of CERCLA, 42 
U.S.C. 9607. The Supplemental Consent Decree terms anticipate that the 
City intends to develop the Property as part of a multi-parcel 
Brownfields initiative for the Waukegan Harbor area.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed Supplemental Consent Decree. Comments should be addressed to 
the Assistant Attorney General, Environment and Natural Resources 
Division, United States Department of Justice, P.O. Box 7611, 
Washington, DC 20044-7611, and should refer to United States et al., v. 
Outboard Marine Corp. et al., Civil No. 88-C-8571 (N.D. Ill.), and DOJ 
Reference No. 90-11-3-07051/3. 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 proposed Supplemental Consent Decree may be examined at: (1) 
The Office of the United States Attorney for the Northern District of 
Illinois, U.S. Courthouse, 1500 South, Everett McKinley Dirksen Bldg., 
219 South Dearborn St., Chicago, IL 60604 (312-353-1994); and (2) the 
United States Environmental Protection Agency (Region 5), 77 West 
Jackson Blvd., Chicago, IL 60604-3507 (contact: Thomas Martin (312-886-
4273)).
    During the public comment period, the proposed Supplemental Consent 
Decree may also be examined on the following U.S. Department of Justice 
Web site, https://usdoj.gov/enrd/open.html. A copy of the porposed 
Supplemental Consent Decree may also be obtained by mail from the 
Consent Decree Library, U.S. Department of Justice, P.O. Box 7611, 
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 no. (202) 514-1547. In requesting a copy, please refer to 
the referenced case and DOJ reference Number and enclose a check in the 
amount of $10.50 for the Supplemental Consent Decree only (42 pages, at 
25 cents per page reproduction cost), or $76.50 for the Supplemental 
Consent Decree and all appendices (306 pages), made payable to the U.S. 
Treasury.

W. Benjamin Fisherow,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 05-7468 Filed 4-13-05; 8:45 am]
BILLING CODE 4410-15-M
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