Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as Amended (“CERCLA”), 78466-78467 [06-9923]
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Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Notices
States Attorney, Middle District of
Georgia, Cherry St. Galleria, 4th Floor,
433 Cherry St., Macon, GA 31201 ((478)
752–3511, and at U.S. EPA Region 4,
Atlanta Federal Center, 61 Forsyth
Street, SW., Atlanta, Georgia 30303
(contact Bonnie Sawyer, Esq. (404) 562–
9539). During the public comment
period, the Partial 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
Partial 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
number (202) 514–1547. In requesting a
copy from the Consent Decree Library,
please refer to United States v.
American Cyanamid, et al., (M.D. Ga.)
(Partial Consent Decree with ColgatePalmolive Company, DOJ Ref. No. 90–
11–3–07602), and enclose a check in the
amount of $5.50 (25 cents per page
reproduction cost) payable to the U.S.
Treasury or, if by e-mail or fax, forward
a check in that amount to the Consent
Decree Library at the stated address.
Henry S. Friedman,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
National Resources Division.
[FR Doc. 06–9920 Filed 12–28–06; 8:45 am]
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Notice of Lodging of a Consent Decree
Under the Comprehensive
Environmental Response,
Compensation and Liability Act
Notice is hereby given that on
December 21, 2006 a proposed Consent
Decree ‘‘Consent Decree’’ in United
States v. Ashland Inc. et. al, Civil
Action No. 06–1378 was lodged with
the United States District Court for the
District of Kansas.
In this action the United States sought
recovery of costs incurred by the
Environmental Protection Agency in
responding to the release and threat of
release of hazardous substances at the
Chemical Commodities Inc. Superfund
Site in Olathe, Johnson County, Kansas.
Under the Consent Decree, the
Defendants and Settling Federal
Agencies will reimburse the Untied
States and each other for the past costs
incurred through December 31, of 2000.
The Department of Justice will receive
for a period of thirty (30) days from the
18:15 Dec 28, 2006
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. Cook Development
Corporation, Birch Creek Construction,
Inc., DOJ Ref. 90–5–2–1–08803.
The proposed consent decree may be
examined at the office of the the United
States Attorney, 1000 SW Third
Avenue, Suite 600, Portland, OR 97204–
2902 and at U.S. EPA Region 10, 1200
Sixth Avenue, Seattle, WA 98101.
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 $3.75 for United
States v. Cook Development
Corporation, Birch Creek Construction,
Inc., (25 cents per page reproduction
cost) payable to the U.S. Treasury.
Robert E. Maher, Jr.,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 06–9919 Filed 12–28–06; 8:45 am]
Robert E. Maher, Jr.,
Assistant Section Chief, Environmental
Enforcement Section.
[FR Doc. 06–9922 Filed 12–28–06; 8:45 am]
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DEPARTMENT OF JUSTICE
VerDate Aug<31>2005
date of this publication comments
relating to the 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
20044–7611, and should refer to United
States. v. Ashland, Inc. D.J. Ref. 90–11–
3–1686. The Consent Decree may be
examined at the Office of the United
States Attorney, District of Kansas, Suite
1200, 301 No. Main Street, Wichita,
Kansas. During the public comment
period, the Consent Decree may also 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 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 for the Consent
Decree Library, please enclose a check
in the amount of $9.00 (25 cents per
page reproduction cost) payable to the
U.S. Treasury or, if by e-mail or fax,
forward a check in that amount to the
Consent Decree Library at the stated
address.
Jkt 211001
DEPARTMENT OF JUSTICE
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Pursuant to the Comprehensive
Environmental Response,
Compensation, and Liability Act
Notice of Lodging of Consent Decree
Under the Comprehensive
Environmental Response,
Compensation, and Liability Act of
1980, as Amended (‘‘CERCLA’’)
In accordance with Departmental
policy, 28 CFR 50.7, notice is hereby
given that a proposed consent decree in
United States v. Cook Development
Corporation, Birch Creek Construction,
Inc., Civil Action No. 06–CV–617–AS,
was lodged on December 20, 2006 with
the United States District Court for the
District of Oregon. Under this consent
Decree, the Settling Defendant is
required by pay $30,000 in penalty and
implementation of a compliance
program for violations of the National
Emissions Standard for Hazardous Air
Pollutants relating to asbestos.
The Department of Justice will
receive, for a period of thirty (30) days
from the date of this publication,
Pursuant to 28 CFR 50.7, notice is
hereby given that on December 14, 2006,
a proposed consent decree in United
States and California Department of
Toxic Substances Control v. Union
Pacific Railroad Co., Civil Action No.
2:06–CV–2841–FCD–KJM, was lodged
with the United States District Court for
the Eastern District of California.
This Consent Decree will resolve
claims asserted by the United States and
the California Department of Toxic
Substances Control (‘‘DTSC’’) in a
complaint filed contemporaneously
with the proposed consent decree
against defendant Union Pacific
Railroad Company (‘‘UPRR’’) for past
costs incurred by the U.S.
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Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Notices
Environmental Enforcement Agency
(‘‘EPA’’) and DTSC at the McCormick
and Baxter Superfund Site in Stockton,
California (‘‘the Site’’), and for
injunctive and declaratory relief,
pursuant to Sections 106 and 107 of
CERCLA, 42 U.S.C. 6906, 6907. The
complaint alleges that UPRR is liable for
response costs and site cleanup
associated with the unlawful disposal of
hazardous materials at the Site as a
current owner of the Site, pursuant to
CERCLA Section 107(a)(1), and as a
person that arranged for the disposal of
hazardous substances at the Site,
pursuant to CERCLA 107(a)(3).
The proposed Consent Decree
provides that UPRR will design and
implement the remedy selected by EPA
to address contaminated soils at the
Site. In addition, UPRR will reimburse
$1 million of EPA’s past response costs
and $900,000 of DTSC’s past response
costs at the Site.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to the 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
20044–7611, and should refer to United
States and California Department of
Toxic Substances Control v. Union
Pacific Railroad Co., D.J. Ref. #90–11–3–
07886.
The consent decree may be examined
at the Office of the United States
Attorney for the Eastern District of
California, 501 I Street, 10th Floor,
Sacramento, CA, and at U.S. EPA
Region 4, Office of Regional Counsel, 61
Forsyth Street, Atlanta, GA. 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/
Consent_Decrees.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 $44.00 (25 cents per
VerDate Aug<31>2005
18:15 Dec 28, 2006
Jkt 211001
page reproduction cost) payable to the
U.S. Treasury.
Henry Friedman,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 06–9923 Filed 12–28–06; 8:45 am]
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DEPARTMENT OF JUSTICE
Corrected Federal Register Notice
On December 14, 2006, the Federal
Register notice of the lodging of a
Consent Decree under the Clean Air Act
and the Resource Conservation and
Recovery Act in the matter of United
States v. Von Roll America, Inc., Civil
Action No. 4:06 CV 2893 (N.D. Ohio).
The notice contained a typographical
error. It stated that as part of the
settlement, the defendant would change
out the primary box in its new carbon
absorption system whenever
Continuous Emissions Monitoring
Systems data showed ‘‘THCs of 5 ppm
of greater on a 60 minute rolling
average.’’ Instead of ‘‘5 ppm,’’ the notice
should have said ‘‘50 ppm.’’ The
complete notice, as corrected, is set out
below.
In light of the error, the Department
of Justice will receive comments relating
to the Consent Decree for an additional
fifteen (15) days from the date of this
publication beyond the initial thirty (30)
days set forth below in the original
notice.
Notice of Lodging of Consent Decree
Under the Clean Air Act and the
Resource Conservation and Recovery
Act
Under 28 CFR 50.7, notice is hereby
given that on December 1, 2006, a
proposed Consent Decree (‘‘Consent
Decree’’) in the matter of United States
v. Von Roll America, Inc., Civil Action
No. 4:06 CV 2893, was lodged with the
United States District Court for the
Northern District of Ohio, Eastern
Division.
In the complaint in this matter, the
United States sought injunctive relief
and penalties against Von Roll America,
Inc. (‘‘Von roll’’) for claims arising
under the Clean Air Act, 42 U.S.C. 7401
et seq., and under the Resource
Conservation and Recovery Act, 42
U.S.C. 6901 et seq., in connection with
the operation of Von Roll’s hazardous
waste treatment, storage, and disposal
facility located in East Liverpool, Ohio.
Under the Consent Decree, Von Roll
with: Control waste vapors containing
volatile organic compounds, including
benzene, by installing and operating a
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78467
carbon adsorption system that will
consist of no less than two trains of a
primary and a secondary carbon box
operated by series; install and operate a
total hydrocarbon (‘‘THC’’) continuous
emissions monitor system (‘‘CEMS’’)
between the primary and secondary
carbon box in each dual series to
monitor for carbon breakthrough (an
indication that the carbon box is no
longer effective); and change out the
primary box whenever CEMS data
shows THCs of 50 ppm or greater on a
60 minute rolling average. Von Roll will
pay a civil penalty of $750,000 and, as
a Supplemental Environmental Project,
will undertake a household hazardous
waste collecting project valued at
$34,000.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to the 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 Von Roll America, Inc., D.J. Def.
No. 90–5–2–1–08743.
The Consent Decree may be examined
at the Office of the United States
Attorney, 2 South Main St., Rm. 208,
Akron, Ohio 44308, and a U.S. EPA
Region 5, 77 W. Jackson St., Chicago, IL
60604. 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/
Consent_Decrees.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 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 $21.25 (25 cents per
page reproduction costs) payable to the
U.S. Treasury, or, if by e-mail or fax,
forward a check in that amount to the
Consent Decree Library at the stated
address.
William D. Brighton,
Assistant Section Chief, Environmental
Enforcement Section, Environmental and
Natural Resources Division.
[FR Doc. 06–9921 Filed 12–28–06; 8:45 am]
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[Federal Register Volume 71, Number 250 (Friday, December 29, 2006)]
[Notices]
[Pages 78466-78467]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9923]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as
Amended (``CERCLA'')
Pursuant to 28 CFR 50.7, notice is hereby given that on December
14, 2006, a proposed consent decree in United States and California
Department of Toxic Substances Control v. Union Pacific Railroad Co.,
Civil Action No. 2:06-CV-2841-FCD-KJM, was lodged with the United
States District Court for the Eastern District of California.
This Consent Decree will resolve claims asserted by the United
States and the California Department of Toxic Substances Control
(``DTSC'') in a complaint filed contemporaneously with the proposed
consent decree against defendant Union Pacific Railroad Company
(``UPRR'') for past costs incurred by the U.S.
[[Page 78467]]
Environmental Enforcement Agency (``EPA'') and DTSC at the McCormick
and Baxter Superfund Site in Stockton, California (``the Site''), and
for injunctive and declaratory relief, pursuant to Sections 106 and 107
of CERCLA, 42 U.S.C. 6906, 6907. The complaint alleges that UPRR is
liable for response costs and site cleanup associated with the unlawful
disposal of hazardous materials at the Site as a current owner of the
Site, pursuant to CERCLA Section 107(a)(1), and as a person that
arranged for the disposal of hazardous substances at the Site, pursuant
to CERCLA 107(a)(3).
The proposed Consent Decree provides that UPRR will design and
implement the remedy selected by EPA to address contaminated soils at
the Site. In addition, UPRR will reimburse $1 million of EPA's past
response costs and $900,000 of DTSC's past response costs at the Site.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the 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 20044-7611, and should refer to
United States and California Department of Toxic Substances Control v.
Union Pacific Railroad Co., D.J. Ref. 90-11-3-07886.
The consent decree may be examined at the Office of the United
States Attorney for the Eastern District of California, 501 I Street,
10th Floor, Sacramento, CA, and at U.S. EPA Region 4, Office of
Regional Counsel, 61 Forsyth Street, Atlanta, GA. 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/
Consent_Decrees.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 $44.00 (25 cents per page reproduction cost)
payable to the U.S. Treasury.
Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 06-9923 Filed 12-28-06; 8:45 am]
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