Notice of Lodging of Consent Decree Under Comprehensive Environmental Response, Compensation and Liability Act, 16822-16823 [07-1657]

Download as PDF 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 jlentini on PROD1PC65 with NOTICES Federal Register / Vol. 72, No. 65 / Thursday, April 5, 2007 / Notices The Consent Decree resolves the United States’ claims against PSD Queens Drive LP and others with respect to response costs incurred, pursuant to Section 107 of the Comprehensive Environmental Response, Compensation and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9607. These costs were incurred as a result of response actions taken by the U.S. Environmental Protection Agency at the Stanley Kessler Superfund Site, located in Montgomery County, Pennsylvania. The Consent Decree also resolves the United States’ claim regarding continued implementation of a longterm groundwater remedy at the Site. Under the Consent Decree, defendants will pay the United States $75,000 in reimbursement of response costs incurred in connection with the Site, and will pay future response costs incurred by the United States. Further, defendants have agreed to continue implementation of a long-term groundwater remedy as described in the Consent Decree. 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 Acting 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. PSD Queens Drive LP, et al., DOJ Reference No. 90–7–1–106/1. Commenters may request an opportunity for a public meeting in the affected area, in accordance with Section 7003(b) of RCRA, 42 U.S.C. 6973(d). The Consent Decree may be examined at the Office of the United States Attorney, 615 Chestnut Street, Suite 1250, Philadelphia, Pennsylvania 19106, and at U.S. EPA Region 3, 1650 Arch Street, Philadelphia, Pennsylvania 19103. During the public comment period, the Consent Decree may also be examined on the following Department of Justice Web site: https:// www.usjdoj.gov/enrd/Consent Decree.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@usdjo.gov), fax no. (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy of the Consent Decree, without 3 Appendices, from the Consent Decree Library, please enclose a check VerDate Aug<31>2005 17:37 Apr 04, 2007 Jkt 211001 in the amount of $25.00 (25 cents per page production 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. In requesting a copy, with 3 Appendices, please enclose a check in the amount of $52.25 (25 cents per page reproduction cost) payable to the U.S. Treasury. Robert D. Brook, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 07–1657 Filed 4–4–07; 8:45am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Consistent with Section 122(d)(2) of CERCLA, 42 U.S.C. 9622(d)(2), and 28 CFR 50.7, notice is hereby given that on March 21, 2007, the proposed Consent Decree in United States v. Raybestos Products Company, Civil Action No. 1:07–cv–00374–DFH–TAB, was lodged with the United States District Court for the Southern District of Indiana. The proposed Consent Decree resolves the United States’ claim under Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9607(a), relating to response costs incurred at or from sites known as the Shelly Ditch Reaches 1–3 Superfund Site, the Shelly Ditch Reach 4 Superfund Site, and the Sugar Creek Remedial Site, all located in Crawfordsville, Montgomery County, Indiana, as well as costs incurred at the Calumet Containers Site located in Hammond, Lake County, Indiana. The Consent Decree requires Raybestos Products Company (‘‘Raybestos’’) to pay $119,519.18 to the United States in partial reimbursement of response costs the United States Environmental Protection Agency (‘‘EPA’’) incurred at the Reach 4 Site. Among other things, the Consent Decree also requires that Raybestos not seek reimbursement for the response actions it conducted at the Reaches 1–3 Site pursuant to a Unilateral Order issued by EPA in December 2000 and modified in January 2001. 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 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 16823 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. Raybestos Products Company, D.J. Ref. 90–11–3–08736. The proposed Consent Decree may be examined at the Office of the United States Attorney, 10 W. Market St., Suite 2100, Indianapolis, IN 46204 and at U.S. EPA Region V, 77 W. Jackson Blvd., 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 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 (tonia.fleetwood@usdoj.gov), fax no. (202) 514–0097, phone confirmation no. (202) 514–1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $16.50 (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 Natural Resources Division. [FR Doc. 07–1661 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 15, 2007, a proposed consent decree in United States v. Streich Bros., Inc., Civil Action No. C07–5120RJB, as 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 trustees $181,948.0 for natural resource damages and $20,189.15 in damage assessment costs. The Department of Justice will receive for a period of thirty (30) days from the E:\FR\FM\05APN1.SGM 05APN1

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[Federal Register Volume 72, Number 65 (Thursday, April 5, 2007)]
[Notices]
[Pages 16822-16823]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1657]


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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.

[[Page 16823]]

    The Consent Decree resolves the United States' claims against PSD 
Queens Drive LP and others with respect to response costs incurred, 
pursuant to Section 107 of the Comprehensive Environmental Response, 
Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9607. These 
costs were incurred as a result of response actions taken by the U.S. 
Environmental Protection Agency at the Stanley Kessler Superfund Site, 
located in Montgomery County, Pennsylvania. The Consent Decree also 
resolves the United States' claim regarding continued implementation of 
a long-term groundwater remedy at the Site.
    Under the Consent Decree, defendants will pay the United States 
$75,000 in reimbursement of response costs incurred in connection with 
the Site, and will pay future response costs incurred by the United 
States. Further, defendants have agreed to continue implementation of a 
long-term groundwater remedy as described in the Consent Decree.
    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 Acting 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. PSD Queens Drive LP, et al., DOJ Reference No. 90-
7-1-106/1. Commenters may request an opportunity for a public meeting 
in the affected area, in accordance with Section 7003(b) of RCRA, 42 
U.S.C. 6973(d).
    The Consent Decree may be examined at the Office of the United 
States Attorney, 615 Chestnut Street, Suite 1250, Philadelphia, 
Pennsylvania 19106, and at U.S. EPA Region 3, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. During the public comment period, the 
Consent Decree may also be examined on the following Department of 
Justice Web site: https://www.usjdoj.gov/enrd/Consent Decree.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@usdjo.gov), fax no. (202) 514-0097, phone 
confirmation number (202) 514-1547. In requesting a copy of the Consent 
Decree, without 3 Appendices, from the Consent Decree Library, please 
enclose a check in the amount of $25.00 (25 cents per page production 
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. In requesting a copy, with 3 Appendices, please enclose a 
check in the amount of $52.25 (25 cents per page reproduction cost) 
payable to the U.S. Treasury.

Robert D. Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 07-1657 Filed 4-4-07; 8:45am]
BILLING CODE 4410-15-M
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