Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act, 16821-16822 [07-1656]

Download as PDF Federal Register / Vol. 72, No. 65 / Thursday, April 5, 2007 / Notices DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that on March 15, 2007, a proposed consent decree in United States v. Glacier Northwest, Inc., Civil Action No. C07–5121RJB, was lodged with the United States District Court for the Western District of Washington. In this action the United States, State of Washington, Puyallup Tribe of Indians and Muckleshoot Indian Tribe sought natural resource damages for releases of hazardous substances into Commencement Bay, Washington. The decree provides that defendant will pay the trustees $187,512.00 for natural resource damages and $20,804.24 in damage assessment costs. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the decree. 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 United States v. Glacier Northwest, Inc., Civil Action No. C07–5121RJB, D.J. Ref. 90– 11–2–1049/7. The decree may be examined at the Office of the United States Attorney, 700 Stewart Street, Seattle, WA 98101. 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 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 $7.75 (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. jlentini on PROD1PC65 with NOTICES DEPARTMENT OF JUSTICE Notice is hereby given that on March 16, 2007, the United States electronically lodged eight separate consent decrees in United States v. IMC Magnetics, Inc. et al., Civil Action No. CV07–568–PHX–SRB, with the United States District Court for the District of Arizona. The consent decrees settle the United States’ claims under Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, (‘‘CERCLA’’), 42 U.S.C. 9607, against: (1) IMC Magnetics Corporation (‘‘IMC’’); (2) Prestige Cleaners, Inc. (‘‘Prestige’’); (3) Cintas Corporation, as successor to Unitog Rental Services, Inc. (‘‘Cintas’’); (4) Janstar Development, Inc. (‘‘Janstar’’); (5) Circuit Express Inc. (‘‘Circuit Express’’); (6) Service & Sales, Inc. (‘‘Service & Sales’’); (7) K & S Interconnect, Inc., as successor to Cerprobe Corporation (‘‘K&S’’); and (8) Sherman Leibovitz, d/b/a Eldon Drapery Cleaners (‘‘Mr. Leibovitz’’), in connection with the South Indian Bend Wash Superfund Site in Tempe, Maricopa County, Arizona (the ‘‘Site’’). The settling defendants, pursuant to the respective consent decrees, will reimburse the United States for CERCLA response costs as follows: IMC, $1,162,500; Prestige, $251,875; Cintas, $612,250; Janstar, $3,875; Circuit Express, $39,000; Service & Sales, $39,000; K & S, $39,000; and Mr. Leibovitz, $77,500. The funds will be placed into a Superfund special account for the Site. The consent decrees provide each settling defendant with a covenant not to sue from the United States for 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 decrees. 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 U.S. v. IMC Magnetics, et al., No. CV07–568– PHX–SRB and D.J. Ref. #90–11–2–413/ 3. The consent decrees may be examined at the Office of the United States Attorney, 2 Renaissance Square, 40 North Central Street, Suite 1200, Phoenix, Arizona, (602) 514–7500, and Robert E. Maher, Jr., Assistant Chief, Environmental, Enforcement Section, Environment and Natural Resources Division. [FR Doc. 07–1660 Filed 4–4–07; 8:45am] BILLING CODE 4410–15–M VerDate Aug<31>2005 17:37 Apr 04, 2007 Jkt 211001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 16821 at U.S. EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105. During the public comment period, the consent decrees 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 decrees may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611 by e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov) or by faxing a request to (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy from the Consent Decree Library, please identify the consent decree or consent decrees requested and enclose a check in the amount of $6 (25 cents per page reproduction cost) for each such consent decree, and make the check 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 Chief, Environmental, Enforcement Section, Environment and Natural Resources Division. [FR Doc. 07–1654 Filed 4–4–07; 8:45 am] BILLING CODE 4410–15–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 20, 2007, a proposed Consent Decree in the lead case Lyondell Chemical Co., et al. v. Albemarle Corp. et al., Civil Action No. 01CV890, consolidated with United States v. EPEC Polymers, Inc., 02CV003, and El Paso Tennessee Pipeline Co., et al. v. Chevron USA, Inc., et al., 03CV0225, was lodged with the United States District Court for the Eastern District of Texas. This settlement relates to the PetroChemical Systems, Inc. Superfund Site located in Liberty County, Texas (‘‘the Site’’), approximately 15 miles southeast of Liberty, Texas. The Site was used as an unpermitted waste disposal site from the late 1960’s through the 1970’s and received wastes from the petrochemical industry in Houston. On December 6, 2001, Atlantic Richfield Company (hereinafter ‘‘ARCO’’) and Lyondell Chemical Company (successor to Arco Chemical Company) (together with ARCO, hereinafter ‘‘ARCO/Lyondell’’) sued a number of parties, including the Settling Funding Defendants (AK Steel E:\FR\FM\05APN1.SGM 05APN1 jlentini on PROD1PC65 with NOTICES 16822 Federal Register / Vol. 72, No. 65 / Thursday, April 5, 2007 / Notices Corporation, Beazer East, Inc., E.I. du Pont de Nemours and Company, The Goodyear Tire & Rubber Company, Southline Metal Products Company, Inc., and United States Steel Corporation) and the Settling El Paso Defendants (EPEC Polymers, Inc., El Paso Tennessee Pipeline Company, EPEC Corporation, and Tennessee Gas Pipeline Company), for cost recovery and contribution under CERCLA Sections 107 and 113, 42 U.S.C. 9607 and 9613, on the grounds that these parties were liable under CERCLA for the remediation of the Site. On January 3, 2002, the United States filed a complaint against EPEC Polymers, Inc. pursuant to CERCLA Section 107, 42 U.S.C. 9607, seeking, inter alia: (1) Reimbursement of response costs and (2) a declaratory judgment of liability for any future response costs incurred by the United States at the Site. The Settling El Paso Defendants also brought contribution claims against various parties including the Settling Funding Defendants. Under the proposed Consent Decree, the United States provides covenants not to sue settling defendants under CERCLA Sections 106 and 107, 42 U.S.C. 9606 and 9607, in connection with the Site. CERCLA Section 113(f)(2), 42 U.S.C. 9613(f)(2), provides that contribution protection arises for matters addressed in the proposed Consent Decree. The proposed Consent Decree defines the ‘‘matters addressed’’ as ‘‘all response actions taken or to be taken and all response costs incurred or to be incurred by the United States or any other person with respect to the Site.’’ In addition, under the proposed Consent Decree, EPEC Polymers, Inc. will: (1) Reimburse the United States for $6.9 million of its past costs (with interest accruing since January 17, 2005); (2) will remediate two of the three remaining known contaminated areas of the Site (the value of the project is currently estimated to be $13.4 million); and (3) will reimburse the United States approximately $3.1 million for costs incurred after July 31, 2004. In addition, the Settling Funding Defendants will be obligated to pay a share of the Remedial Action costs ($5,837,000) to EPEC Polymers, Inc. and ARCO/Lyondell. 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, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. VerDate Aug<31>2005 17:37 Apr 04, 2007 Jkt 211001 Department of Justice, Washington, DC 20044–7611, and should refer to United States v. EPEC Polymersm, Inc., D.J. Ref. 90–11–3–709/1. The Consent Decree may be examined at the Office of the United States Attorney, Eastern District of Texas, 350 Magnolia Avenue, Suite 350, Beaumont, Texas 77657, and at U.S. EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202. 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 by mail, from the Consent Decree Library, please enclose a check in the amount of $29.95 (25 cents per page reproduction cost) payable to the U.S. Treasury. Thomas A. Mariani, Jr., Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 07–1656 Filed 4–4–07; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Settlement Pursuant to Clean Air Act Notice is hereby given that, on March 23, 2007, a proposed Consent Decree in United States v. Nacirema Environmental Services Company, Inc., Civil Action No. 07–1361, was lodged with the United States District Court for the District of New Jersey. In this action, the United States sued Nacirema Environmental Services Company, Inc. for violations of the Clean Air Act (‘‘Act’’), 42 U.S.C. 7401– 7671q, and the National Emission Standard for Hazardous Air Pollutants for asbestos (‘‘Asbestos NESHAP’’), 40 CFR Part 61, Subpart M, in connection with Nacirema’s failure to provide advanced notice to the U.S. Environmental Protection Agency (‘‘EPA’’) of the demolition of at least 18 facilities in New Jersey and New York, its failure to comply with an EPA request for information, and its failure to comply with an EPA Administrative Compliance Order requiring submission of that same information. The settlement requires Defendant to pay a civil penalty of $65,000, to spend an additional $65,000 on a supplemental PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 environmental project involving asbestos abatement in low-income homes, and to provide additional injunctive relief including asbestos training for Nacirema employees and management reforms. The Department of Justice will accept comments relating to the settlement for a period of thirty (30) days from the date of publication of this Notice. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and mailed either electronically to pubcommentees.enrd@usdoj.gov or in hard copy to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611. Comments should refer to U.S. v. Nacirema Environmental Services Company, Inc., DJ No. 90–5–2–1–08411. The proposed Consent Decree may be examined at the Office of the United States Attorney, District of New Jersey, 970 Broad Street, Suite 700, Newark, New Jersey 07101. 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 faxing or e-mailing a request to Tonia Fleetwood at tonia.fleetwood@usdoj.gov, or at 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 $14 (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 above-referenced address. Ronald Gluck, Assistant Chief, Environmenal Enforcement Section, Environment and Natural Resources Division. [FR Doc. 07–1653 Filed 4–4–07; 8:45am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under Comprehensive Environmental Response, Compensation and Liability Act Notice is hereby given that on March 22, 2007, a proposed Consent Decree in United States v. PSD Queens Drive LP, C.A. No. 2:07–cv–01137–GP (E.D.Pa.), was lodged with the United States District Court for the Eastern Court for the Eastern District of Pennsylvania. E:\FR\FM\05APN1.SGM 05APN1

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Department of Justice

[Federal Register Volume 72, Number 65 (Thursday, April 5, 2007)]
[Notices]
[Pages 16821-16822]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1656]


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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 20, 2007, a proposed Consent 
Decree in the lead case Lyondell Chemical Co., et al. v. Albemarle 
Corp. et al., Civil Action No. 01CV890, consolidated with United States 
v. EPEC Polymers, Inc., 02CV003, and El Paso Tennessee Pipeline Co., et 
al. v. Chevron USA, Inc., et al., 03CV0225, was lodged with the United 
States District Court for the Eastern District of Texas.
    This settlement relates to the Petro-Chemical Systems, Inc. 
Superfund Site located in Liberty County, Texas (``the Site''), 
approximately 15 miles southeast of Liberty, Texas. The Site was used 
as an unpermitted waste disposal site from the late 1960's through the 
1970's and received wastes from the petrochemical industry in Houston.
    On December 6, 2001, Atlantic Richfield Company (hereinafter 
``ARCO'') and Lyondell Chemical Company (successor to Arco Chemical 
Company) (together with ARCO, hereinafter ``ARCO/Lyondell'') sued a 
number of parties, including the Settling Funding Defendants (AK Steel

[[Page 16822]]

Corporation, Beazer East, Inc., E.I. du Pont de Nemours and Company, 
The Goodyear Tire & Rubber Company, Southline Metal Products Company, 
Inc., and United States Steel Corporation) and the Settling El Paso 
Defendants (EPEC Polymers, Inc., El Paso Tennessee Pipeline Company, 
EPEC Corporation, and Tennessee Gas Pipeline Company), for cost 
recovery and contribution under CERCLA Sections 107 and 113, 42 U.S.C. 
9607 and 9613, on the grounds that these parties were liable under 
CERCLA for the remediation of the Site. On January 3, 2002, the United 
States filed a complaint against EPEC Polymers, Inc. pursuant to CERCLA 
Section 107, 42 U.S.C. 9607, seeking, inter alia: (1) Reimbursement of 
response costs and (2) a declaratory judgment of liability for any 
future response costs incurred by the United States at the Site. The 
Settling El Paso Defendants also brought contribution claims against 
various parties including the Settling Funding Defendants.
    Under the proposed Consent Decree, the United States provides 
covenants not to sue settling defendants under CERCLA Sections 106 and 
107, 42 U.S.C. 9606 and 9607, in connection with the Site. CERCLA 
Section 113(f)(2), 42 U.S.C. 9613(f)(2), provides that contribution 
protection arises for matters addressed in the proposed Consent Decree. 
The proposed Consent Decree defines the ``matters addressed'' as ``all 
response actions taken or to be taken and all response costs incurred 
or to be incurred by the United States or any other person with respect 
to the Site.'' In addition, under the proposed Consent Decree, EPEC 
Polymers, Inc. will: (1) Reimburse the United States for $6.9 million 
of its past costs (with interest accruing since January 17, 2005); (2) 
will remediate two of the three remaining known contaminated areas of 
the Site (the value of the project is currently estimated to be $13.4 
million); and (3) will reimburse the United States approximately $3.1 
million for costs incurred after July 31, 2004. In addition, the 
Settling Funding Defendants will be obligated to pay a share of the 
Remedial Action costs ($5,837,000) to EPEC Polymers, Inc. and ARCO/
Lyondell.
    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, 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 
United States v. EPEC Polymersm, Inc., D.J. Ref. 90-11-3-709/1.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Eastern District of Texas, 350 Magnolia Avenue, Suite 
350, Beaumont, Texas 77657, and at U.S. EPA Region 6, 1445 Ross Avenue, 
Dallas, Texas 75202. 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 by mail, from the Consent 
Decree Library, please enclose a check in the amount of $29.95 (25 
cents per page reproduction cost) payable to the U.S. Treasury.

Thomas A. Mariani, Jr.,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 07-1656 Filed 4-4-07; 8:45 am]
BILLING CODE 4410-15-M

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