Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, 61507-61508 [06-8741]

Download as PDF Federal Register / Vol. 71, No. 201 / Wednesday, October 18, 2006 / Notices Hundred and Allied Rds., Chester, 06001011 Johnson County Townsend, George, House, 61872 NE 136, Tecumseh, 06000996 WASHINGTON Sarpy County Gordon, William E., House, 711 Bellevue Blvd. S, Bellevue, 06000997 Whitman County College Hill Historic District, Roughly bounded by Stadium Way, B St., Howard St. and Indiana St., Pullman, 06001013 NEW YORK Herkimer County Italian Community Bake Oven, NY 167, Little Falls, 06001003 Onondaga County Cosman Family Cemetery, Lattintown Rd., Middle Hope, 06001002 DEPARTMENT OF JUSTICE Otsego County Fly Creek Historic District, (Industrial Development in the Oaks Creek Valley, Otsego County, New York MPS), NY 28, NY 80, Cty Rd. 26, Cemetery Rd., Goose St. Allison Rd., Bissell Rd., Fly Creek, 06001004 Rockland County Andre, Maj. John, Monument, 42 Andre Hill, Tappan, 06001001 Washington County Dayton-Williams House, 65 Dayton Hill Rd., Middel Granville, 06001000 PENNSYLVANIA Lancaster County Ephrata Commercial Historic District, Portions of W. Main, E. Main, N. State, S. State Sts., and Washington Ave., Ephrata, 06001005 Philadelphia County Presser Home for Retired Music Teachers, 101–121 W. Johnson St., Philadelphia, 06001006 SOUTH DAKOTA Corson County Sitting Bull Monument, SE 1⁄4 of SE 1⁄4 of Sec 13 T18 R29, Mobridge, 06001008 Minnehaha County Renner Ball Park, 3⁄4 mi. W of 258th St., and SD 115 intersection, Renner, 06001007 TENNESSEE Sumner County Durham’s Chapel School, 5055 Old TN 31 E, Bethpage, 06001009 VERMONT Franklin County Giroux Furniture Company Building, 10–18 Catherine St., St. Albans, 06001010 rmajette on PROD1PC67 with NOTICES1 VIRGINIA Chesterfield County Dale’s Pale Archeological District, (Prehistoric through Historic Archeological and Architectural Resources at Bermuda Hundred MPS), South Shore of James R., Chesterfield County Park, Chester, 06001012 Town of Bermuda Hundred Historic District, (Prehistoric through Historic Archeological and Architectural Resources at Bermuda Hundred MPS), Both sides of Bermuda VerDate Aug<31>2005 15:24 Oct 17, 2006 Jkt 211001 [FR Doc. E6–17297 Filed 10–17–06; 8:45 am] BILLING CODE 4312–51–P Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response Compensation, and Liability Act Notice is hereby given that on October 4, 2006, a proposed Consent Decree in United States v. Afton Chemical Corp;, et al., Case No. 3: 06–cv–763 (‘‘Afton Chemical’’), was lodged with the United States District Court for the Southern District of Illinois. In Afton Chemical, the United States is seeking recovery of approximately $3.5 million in response costs incurred in connection with a 1999–2000 removal action (‘‘Removal Action’’) at Sauget Area 2, Southern Site Q, in Cahokia, Illinois. The proposed Consent Decree would resolve the United States’ claims against 21 of the Afton Chemical defendants (the ‘‘Settling Defendants’’). Under the proposed Consent Decree, the Settling Defendants would pay $2,601,594.20 to the United States. In exchange, they would receive contribution protection and a covenant by the United States not to sue them for response costs incurred in connection with the Removal Action. The Settling Defendants include the following: Afton Chemical Corporation; Allied Waste Industries, Inc.; A.O. Smith Corporation; Barry-Wehmiller Companies, Inc.; BASF Corporation; BFI Waste Systems of North America, Inc.; Blue Tee Corp.; Cyprus Amax Minerals Company; The Dow Chemical Company; Eagle Marine Industries, Inc.; Exxon Mobil Corporation; Flint Group Incorporated; Fru-Con Construction Corporation; The Glidden Company; Mallinckrodt Inc.; Merck & Co., Inc.; Pharmacia Corporation; The Procter & Gamble Company; The Procter & Gamble Manufacturing Company; Service America Corporation; and Union Carbide Corporation. The Department of Justice will receive for a period of 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 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 61507 Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United States v. Afton Chemical Corp., et al., D.J. Ref. 90–11–206089/1. The proposed Consent Decree may be examined at the Office of the United States Attorney, 9 Executive Drive, Fairview Heights, IL 62208–1344, and at the U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, IL 60604–3590. During the public comment period, the proposed Consent Decree may also be examined on the following Department of Justice Web site: https:// www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the proposed 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 e-mailing or faxing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov, fax number (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 $10.50 (25 cents per page reproduction cost) payable to the United States Treasury. If a request for a copy of the proposed Consent Decree is made by fax or e-mail, please forward a check in the aforementioned amount to the Consent Decree Library at the address noted above. William Brighton, Assistant Chief, Environmental Enforcement Section, Environmental and Natural Resources Division. [FR Doc. 06–8744 Filed 10–17–06; 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 In accordance with Departmental policy, 28 CFR 50.7, notice is hereby given that a proposed consent decree in United States v. Cooper Industries, LLC, Civil Action No. 4:06–CV–467 RP–TJS, was lodged on September 29, 2006 with the United States District Court for the Southern District of Iowa. Under this Consent Decree, the Settling Defendant will reimburse the United States for response costs incurred or to be incurred for response actions taken at or in connection with the release or threatened release of hazardous substances at the McGraw Edison Superfund Site in Centerville, Appanoose County, Iowa. E:\FR\FM\18OCN1.SGM 18OCN1 61508 Federal Register / Vol. 71, No. 201 / Wednesday, October 18, 2006 / Notices 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, Environmental and Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United States v. Cooper Industries, LLC, DOJ Ref. 90–11–3–08559. The proposed consent decree may be examined at the office of the United States Attorney, 110 East Court Avenue, Suite 286, Des Moines, IA 50309–2044 and at U.S. EPA Region 7, 901 N. 5th Street, Kansas City, KS 66101. During the comment period, the consent decree may be examined on the following Department of Justice Web site to https://www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the consent decree also may 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, please enclose a check in the amount of $4.50 (without attachments) or $4.75 (with attachments) for United States v. Cooper Industries, LLC, (25 cents per page reproduction cost) payable to the U.S. Treasury. Robert E. Maher, Jr., Assistant Section Chief, Environmental Enforcement Section. [FR Doc. 06–8741 Filed 10–17–06; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE rmajette on PROD1PC67 with NOTICES1 Notice of Proposed Agreement Regarding Alleged Non-Compliance With Consent Decree in United States v. Cummins Engine Company, Inc. Notice is hereby given of a proposed Agreement Regarding Alleged NonCompliance with Consent Decree (‘‘Agreement’’) in the case of United States v. Cummins Engine Company, Inc., Civil Action No. 98–02546, in the United States District Court for the District of Columbia. The Agreement resolves four matters involving Cummins’ alleged failure to comply with a 1999 Consent Decree settling claims under Title II of the Clean Air Act, 42 U.S.C. 7521 et seq. (the ‘‘Act’’), regarding the alleged use of illegal emission-control ‘‘defeat devices’’ on Cummins’ 1998 and prior heavy-duty diesel engines (‘‘HDDEs’’). VerDate Aug<31>2005 15:24 Oct 17, 2006 Jkt 211001 The first matter concerns Cummins’ use of a computer-based auxiliary emission control device (‘‘AECD’’) to prevent engine overheating, on approximately 11,600 model years 2000–2003 engines sold for use in school buses and recreational vehicles. The overheat AECD, which required EPA approval, did not operate in the manner described in Cummins’ applications to EPA for regulatory ‘‘certificates of conformity’’ permitting the sale of the engines in the United States and as pre-approved in the 1999 Consent Decree. The second matter concerns Cummins’ use of 1101 more Averaging, Banking and Trading (‘‘AB&T’’) Credits than was permitted by the consent Decree. The third matter relates to Cummins’ implementation of a Low NOX Rebuild Program for which Cummins failed to request the requisite EPA approval (until April 13, 2006). The last matter is Cummins’ omission of 26,347 engines from its Low NOX Rebuild Program. In addition, the Settlement resolves Cummins’ disclosure to the United States that in 2001 it violated provisions of 40 CFR part 86 in connection with certification testing of engines under the Consent Decree by its failure to perform test equipment calibrations within applicable time limits set forth in 40 CFR 86.1321; 1321(b); 1323(a) & (b) and 1324. These violations are addressed through Cummins’ payment of an agreed penalty in the amount of $950,000, to be shared between the United States and the California Air Resources Board. Cummins will also continue a recall to fix or disable the overheat AECD. Lastly, Cummins will recoup the excess tons of NOX emitted by its violations of the Consent Decree, offset by any tons obtained in the ongoing recall. the NOX tons must come from one of three sources: (1) Cummins’ on-road AB&T accounts; (2) Cummins’ off-road AB&T accounts; or (3) currently valid stationary source NOX tons purchased on the open market through a licensed broker. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Agreement. 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. Cummins Engine Company, Inc., D.J. Ref. 90–5–2–1–2136A. During the public comment period, the Agreement may be examined on the following Department of Justice Web PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 site, https://www.usdoj.gov/enrd/ open.html. A copy of the 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 of the Decree from the Consent Decree Library, please enclose a check in the amount of $4.50 (25 cents per page reproduction cost for 18 pages) payable to the U.S. Treasury. Karen Dworkin, Assistant Chief, Environmental Enforcement Section. [FR Doc. 06–8742 Filed 10–17–06; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Water Act Notice is hereby given that on October 4, 2006, a proposed consent decree in United States and State of Indiana v. City of Indianapolis, Civ. No. 1:06–cv–1456, was lodged with the United States District Court for the Southern District of Indiana. In this action the United States sought civil penalties and injunctive relief for alleged violations of Sections 301 and 402 of the Clean Water Act, 33 U.S.C. 1319 and 1342, in connection with the City’s operation of its municipal wastewater and sewer system. The City currently discharges approximately eight billion gallons of untreated sewage per year from approximately 133 Combined Sewer Overflows, Sanitary Sewer Overflows, and bypass locations into the White River and its tributaries. The Complaint alleges that the City’s discharges, which occur approximately 60 times per year, violate the Clean Water Act either because the discharges violate limitations and conditions in the City’s National Pollutant Discharge Elimination System (NPDES) permits, or because the discharges are from point sources not authorized by the City’s NPDES permits. The Complaint also asserts claims for violations of comparable State law on behalf of the State of Indiana. Under the proposed Consent Decree, the City would be required to: (1) Implement a Long Term Control Plan which would greatly reduce Combined Sewer Overflows; (2) implement a plan designed to eliminate Sanitary Sewer Discharges; (3) perform a Supplemental E:\FR\FM\18OCN1.SGM 18OCN1

Agencies

[Federal Register Volume 71, Number 201 (Wednesday, October 18, 2006)]
[Notices]
[Pages 61507-61508]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8741]


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DEPARTMENT OF JUSTICE


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

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that a proposed consent decree in United States v. Cooper 
Industries, LLC, Civil Action No. 4:06-CV-467 RP-TJS, was lodged on 
September 29, 2006 with the United States District Court for the 
Southern District of Iowa. Under this Consent Decree, the Settling 
Defendant will reimburse the United States for response costs incurred 
or to be incurred for response actions taken at or in connection with 
the release or threatened release of hazardous substances at the McGraw 
Edison Superfund Site in Centerville, Appanoose County, Iowa.

[[Page 61508]]

    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, Environmental and Natural Resources Division, P.O. 
Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and 
should refer to United States v. Cooper Industries, LLC, DOJ Ref. 90-
11-3-08559.
    The proposed consent decree may be examined at the office of the 
United States Attorney, 110 East Court Avenue, Suite 286, Des Moines, 
IA 50309-2044 and at U.S. EPA Region 7, 901 N. 5th Street, Kansas City, 
KS 66101. During the comment period, the consent decree may be examined 
on the following Department of Justice Web site to  https://
www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the consent decree 
also may 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, please enclose a check in 
the amount of $4.50 (without attachments) or $4.75 (with attachments) 
for United States v. Cooper Industries, LLC, (25 cents per page 
reproduction cost) payable to the U.S. Treasury.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section.
[FR Doc. 06-8741 Filed 10-17-06; 8:45 am]
BILLING CODE 4410-15-M
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