Notice of Lodging of Proposed Consent Decree under the Comprehensive Environmental Response, Compensation and Liability Act, 27516 [06-4372]

Download as PDF 27516 Federal Register / Vol. 71, No. 91 / Thursday, May 11, 2006 / Notices Cement Clinker from Japan)—briefing and vote. (The Commission is currently scheduled to transmit its determination and Commissioners’ opinions to the Secretary of Commerce on or before May 31, 2006.) 5. Outstanding action jackets: none. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. By order of the Commission. Issued: May 9, 2006. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 06–4488 Filed 5–9–06; 3:01 pm] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE cchase on PROD1PC60 with NOTICES Notice of Lodging of Proposed Consent Decree under the Comprehensive Environmental Response, Compensation and Liability Act Notice is hereby given that on April 25, 2006, a proposed Consent Decree in United States v. General Electric Company, Civil Action No. 03CV4668 (HAA), was lodged with the United States District Court for the District of New Jersey. In that action, the United States seeks to recover from General Electric Company (‘‘General Electric’’) response costs incurred in connection with the Grand Street Mercury Superfund Site, located in Hoboken, New Jersey (‘‘the Site’’), pursuant to section 107 of the Comprehensive Environmental Response, Compensation and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9607. A number of other lawsuits have been filed and consolidated in connection with the release of mercury at the Site. As part of the settlement, General Electric has placed $3 million into an interest-bearing court registry account. The consent decree provides that the United States will receive $2,805,000 plus interest accrued on that amount, and that the State of New Jersey will receive $195,000 plus interest accrued on that amount. General Electric further agrees to file motions to withdraw its opposition to a consent decree that the United States and the State of New Jersey lodged in 2003 with other parties in Civil Action No. 96–3775 (HAA) and consolidated cases, and its opposition to aspects of other private settlements. General Electric further agrees to give up its claims for costs that it incurred in performing remediation at the Site and to withdraw its Petition to EPA VerDate Aug<31>2005 16:29 May 10, 2006 Jkt 208001 under CERCLA section 106(b)(2), 42 U.S.C. 9606(b)(2), for reimbursement of such costs. In exchange, the Plaintiffs covenant not to sue General Electric for their past costs at the Site and provide contribution protection for all response costs and response actions at the Site. The Department of Justice will receive comments relating to this Consent Decree for a period of thirty (30) days from the date of this publication. 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 20044–7611, Attention: Nancy Flickinger, and should refer to United States v. General Electric Co., DOJ #90– 11–3–1769. The Consent Decree may be examined at the Office of the United States Attorney for the District of New Jersey, 970 Broad Street, 7th Floor, Newark, NJ 07102, and at U.S. EPA Region II’s Office, 290 Broadway, New York, NY 10007–1866. 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-mail 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 $11.00 (25 cents per page reproduction cost) for a full copy of the consent decree, payable to the U.S. Treasury. Ronald Gluck, Assistant Chief, Environmental Enforcement Section, Environmental and Natural Resources Division. [FR Doc. 06–4372 Filed 5–10–06; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Modification of the Consent Decree Entered in; United States et al. v. Illinois Power Company and Dynegy Midwest Generation Notice is hereby given that on March 20, 2006, the United States lodged a Proposed Consent Decree Modification in the United States District Court for the Southern District of Illinois in the matter captioned United States et al v. Illinois Power Company and Dynegy Midwest Generation, Inc., (Civil Action PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 No. 99–833–MJR). This proposed Modifications was jointly agreed by the United States, the State of Illinois, the four citizen groups co-plaintiffs—the American Bottom Conservancy, Health and Environmental Justice—St. Louse, Inc., Illinois Stewardship Alliance, and the Prairie Rivers Network—and Dynegy Midwest Generation. The proposed modification affects Section VI of the Consent Decree, PM Emission Reductions and Controls, which establishes a variety of requirements for Dynegy Midwest Generation, Inc. (‘‘DMG’’) concerning particulate matter emissions at identified units in the DMG System. Under the Consent Decree, DMG is required to operate certain electric generating units so as to achieve and maintain an emissions rate of ‘‘not greater than 0.030 lb/mmBTU’’ or to undertake an alternative procedure defined in the Decree as a ‘‘Pollution Control Equipment Upgrade Analysis.’’ Consent Decree ¶ 86. According to the proposed modification, the deadline for each of the two Hennepin Units set forth in Paragraph 86 will be changed to December 31, 2008, and the language in Paragraph 86 following the table, as well as Paragraph 88 in its entirety, will be deleted. By this change, among other things, rather than requiring the first Hennepin unit to meet the specified emission rate in 2006 and the second Hennepin unit to meet that rate in 2010, the Consent Decree will instead require DMG to ensure that both Hennepin units meet 0.030 lbs/mmBTU emissions rate by December 31, 2008. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the above-described Proposed Consent Decree Modification. 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 20044–7611, and should refer to United States v. Illinois Power Company and Dynegy Midwest Generation, Inc., D.J. Ref. No. 90–5–2–1–06837. During the public comment period, the proposed modification to 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 proposed modifications 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 E:\FR\FM\11MYN1.SGM 11MYN1

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[Federal Register Volume 71, Number 91 (Thursday, May 11, 2006)]
[Notices]
[Page 27516]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4372]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on April 25, 2006, a proposed Consent 
Decree in United States v. General Electric Company, Civil Action No. 
03CV4668 (HAA), was lodged with the United States District Court for 
the District of New Jersey. In that action, the United States seeks to 
recover from General Electric Company (``General Electric'') response 
costs incurred in connection with the Grand Street Mercury Superfund 
Site, located in Hoboken, New Jersey (``the Site''), pursuant to 
section 107 of the Comprehensive Environmental Response, Compensation 
and Liability Act (``CERCLA''), 42 U.S.C. 9607. A number of other 
lawsuits have been filed and consolidated in connection with the 
release of mercury at the Site.
    As part of the settlement, General Electric has placed $3 million 
into an interest-bearing court registry account. The consent decree 
provides that the United States will receive $2,805,000 plus interest 
accrued on that amount, and that the State of New Jersey will receive 
$195,000 plus interest accrued on that amount. General Electric further 
agrees to file motions to withdraw its opposition to a consent decree 
that the United States and the State of New Jersey lodged in 2003 with 
other parties in Civil Action No. 96-3775 (HAA) and consolidated cases, 
and its opposition to aspects of other private settlements. General 
Electric further agrees to give up its claims for costs that it 
incurred in performing remediation at the Site and to withdraw its 
Petition to EPA under CERCLA section 106(b)(2), 42 U.S.C. 9606(b)(2), 
for reimbursement of such costs. In exchange, the Plaintiffs covenant 
not to sue General Electric for their past costs at the Site and 
provide contribution protection for all response costs and response 
actions at the Site.
    The Department of Justice will receive comments relating to this 
Consent Decree for a period of thirty (30) days from the date of this 
publication. 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 20044-7611, Attention: Nancy 
Flickinger, and should refer to United States v. General Electric Co., 
DOJ 90-11-3-1769.
    The Consent Decree may be examined at the Office of the United 
States Attorney for the District of New Jersey, 970 Broad Street, 7th 
Floor, Newark, NJ 07102, and at U.S. EPA Region II's Office, 290 
Broadway, New York, NY 10007-1866. 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-mail 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 $11.00 (25 cents per 
page reproduction cost) for a full copy of the consent decree, payable 
to the U.S. Treasury.

Ronald Gluck,
Assistant Chief, Environmental Enforcement Section, Environmental and 
Natural Resources Division.
[FR Doc. 06-4372 Filed 5-10-06; 8:45 am]
BILLING CODE 4410-15-M
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