Notice of Lodging of Consent Decree Pursuant to Comprehensive Environmental Response, Compensation, and Liability Act, 24600-24601 [07-2163]

Download as PDF 24600 Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Notices the defendant is responsible for costs to be incurred at the Spring River Subsite of the Cherokee County Superfund Site. The decree provides that defendant will perform the remedy selected by EPA for the Crestline Subsite and reimburse EPA for all of the agency’s unreimbursed costs at that subsite. In addition, the defendant will pay EPA a portion of anticipated future costs at the Spring River Subsite. 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 Cyprus Amax Minerals Company, Civil Action No. 6:07–CV– 1109, D.J. Ref. 90–11–2–08539. The decree may be examined at the Office of the United States Attorney, 301 N. Main St., Suite 1200, Wichita, KS 67202. During the public comment period, the consent decree may also be examined on the following Department of Justice Web site: http:// 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 emailing 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 $40.50 (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. Robert E. Maher, Jr., Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 07–2164 Filed 5–2–07; 8:45 am] BILLING CODE 4410–15–M mmaher on DSK3CLS3C1PROD with $$_JOB DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Pursuant to Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that on April 16, 2007, a proposed Consent Decree in United States v. ExxonMobil Corporation, et al., Civil Action No. 1:07–cv–00060–PB, was lodged with the VerDate Mar 15 2010 05:02 Aug 19, 2011 Jkt 223001 United States District Court for the District of New Hampshire. And on April 20, 2007, the same proposed Consent Decree was lodged with the United States District Court for the District of New Hampshire in State of New Hampshire v. ExxonMobil Corporation et al., Civil Action No. 1:07–cv–00080–PB. The proposed Consent Decree will settle the United States’ claims on behalf of the U.S. Environmental Protection Agency (‘‘EPA’’) and the claims of the State of New Hampshire brought against defendants ExxonMobil Corporation, Cumberland Farms, Inc., FirstGroup America, Inc., Hexion Specialty Chemicals, Inc., Waste Management of New Hampshire, Inc., Waste Management Disposal Services of Massachusetts, Inc., Waste Management of Massachusetts, Inc., Clean Harbors of Braintree, Inc., Fluor Enterprises, Inc., Sears, Roebuck and Company, Greased Lightning, Inc., Fafard Real Estate and Development Corporation, Drake Petroleum Company, Inc., P.J. Keating Company, Triumvirate Environmental, Inc., Boston & Maine Corporation, Colonial Gas Company (d/b/a Keyspan Energy Delivery New England), United Parcel Service, GenCorp, Inc., Laidlaw Transit, Inc., DBT Corporation, 1400 Motors, Inc., Pike Industries, Inc., City of Providence, Rhode Island, Covanta Haverhill, Inc., Fort James Corporation, Coca-Cola Enterprises, Inc., Regan Ford, Inc., Marble Motor Company, A & B Automotive, Inc., Air Products and Chemicals, Inc., Balise Motor Sales Company, Aggregate Industries— Northeast Region, Inc., Windham Equity Company, City of Boston, Massachusetts, City of Gloucester, Massachusetts, Peabody Municipal Light Plant, City of Peabody, Massachusetts, Colonial CadillacOldsmobile, Inc., Continental Paving, Inc., Daley Oil Company, Dampolo Automotive, Inc., Colonial South Chevrolet, Inc., Enzo’s Nahant Garage, Garelick Farms, L.L.C., General Electric Company, Inc., Haffner’s Service Station, H.J. Nassar Motor Company, Inc., Hughes Motor Company, Jaffarian’s Service, Inc., Arvo’s Gulf, McKenna & O’Keefe, Merchants Automotive Group, Inc., Murphy’s Waste Oil Service, Inc., Massachusetts Water Resources Authority, New England Detroit DieselAllison, Inc., Massachusetts Electric Company, New England Power Company, Butler Realty Trust (d/b/a Noyes Citgo Service Station), Pelletier Brothers’ Garage, Plymouth & Brockton Street Railway Company, Plymouth Rock Transportation Corporation, Pratt & Whitney, a Division of United PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 Technologies, Inc., Daniel J. Quirk, Inc. (d/b/a Quirk Chevrolet), D.J. Quirk Ford, Inc., R.B. Strong Excavating & Sewerage Contracting, Inc., Reynolds Auto Repair, Rick Starr Enterprises, Inc. (d/b/a Rick Starr Toyota, Rick Starr Volkswagen BMW, Rick Starr Pontiac Cadillac, Rick Starr Toyota Pontiac, and Rick Starr Ford), Rietzl Corporation, Ruland Manufacturing Company, Signature Flight Support Corporation, Silva’s Garage, Smith Motor Sales of Haverhill, Inc., Sudbay Pontiac, Cadillac, Buick, Inc., Towers Front End Service, Town of Andover, Massachusetts, Town of Ipswich, Massachusetts, Town of Marshfield, Massachusetts, Vachon Motor Sales, Inc. (d/b/a Vachon Mazda), Vachon Imports, Inc. (d/b/a Vachon Mitsubishi), Gene Brown Motors (d/b/a Volvo Villate), WNA Comet East, Inc., Woodworth Chevrolet-Cadillac-Buick, Inc. Yeo Chevrolet, Inc., Henry’s Auto Parts, Inc., James M. Scanzini (d/b/a Criterion Systems), John E. Power (d/b/ a Power’s Auto Service), Larry’s Service, Mel’s Auto Services, Inc., Micromatic Products Company, Inc., S & H Petroleum Corporation, Truck Services, Inc., Wayside Service Center, Hampshire Realty Trust, Sun Realty Trust, and Mark O. Henry (collectively referred to as ‘‘Settling Defendants’’) pursuant to Sections 106 and 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9606 and 9607, with respect to the Beede Waste Oil Superfund Site in Plaistow, New Hampshire. The State of New Hampshire also brought claims pursuant to New Hampshire RSA 147–A:9 and 147–B:10 and also alleged claims against five federal agencies. Pursuant to the Consent Decree, approximately 30 Settling Defendants, referred to in the Consent Decree as Performing Settling Defendants, will finance and perform the selected remedy at the Site, estimated to cost $48 million, and will receive approximately $23 million from other settling parties and from the Beede Superfund Special Account to offset the cost of the work. In addition, the Performing Settling Defendants will reimburse the United States and the State of New Hampshire for all interim and future costs, and oversight costs up to $9.3 million (U.S. oversight costs capped at $7.2 million and New Hampshire oversight costs capped at $2.1 million). The owners of the Site property, who are Settling Defendants, will convey the Site property by deed to an entity designated by the Performing Settling Defendants. The remaining Settling Defendants are E:\FEDREG\03MYN1.LOC 03MYN1 mmaher on DSK3CLS3C1PROD with $$_JOB Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Notices de minimis parties and shall pay a total of approximately $8 million toward financing the work at the Site. The Consent Decree also resolves the claims against the five agencies of the United States: the Department of the Air Force, the Department of the Army, the Department of the Navy, the Federal Aviation Administration, and the United States Postal Service (‘‘Settling Federal Agencies’’). Pursuant to the Consent Decree, the Settling Federal Agencies shall pay approximately $14 million toward financing the work 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 proposed 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. ExxonMobil Corporation, et al., Civil Action No. 1:07–cv–00060–PB, D.J. Ref. 90–11–3–07039/11. The proposed Consent Decree may be examined at the Office of the United States Attorney, District of New Hampshire, 53 Pleasant Street, Concord, New Hampshire 03301, and at the United States Environmental Protection Agency, Region I, 1 Congress Street, Suite 1100, Boston, Massachusetts 02114–2023. During the public comment period, the proposed Consent Decree may also be examined on the following Department of Justice Web site, http://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 number (202) 514–1547. If requesting a copy by mail from the Consent Decree Library, please enclose a check in the amount of $184.75 ($0.25 per page reproduction cost) payable to the United States Treasury or, if requesting by email or fax, forward a check in that amount to the consent Decree Library at the stated address. if requesting a copy exclusive of exhibits and/or defendants’ signatures, please enclose a check in the amount of $32.75 ($0.25 per page VerDate Mar 15 2010 05:02 Aug 19, 2011 Jkt 223001 reproduction cost) payable to the United States Treasury. Maureen Katz, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 07–2163 Filed 5–2–07; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Air Act (CAA) In accordance with Seciton 113(g) of the CAA, 42 U.S.C. 7413(g), and 28 CFR 50.7, notice is hereby given that on April 26, 2007, the proposed Consent Decree in United States v. Rhodia Inc., Civil Action No. 2:07CV134 WL, was lodged with the United States District Court for the Northern District of Indiana. In this action, the United States asserts claims against Rhodia Inc. (Rhodia) under Sections 42 U.S.C. 7475–7477 and 7503, and 42 U.S.C. 7411 of the Clean Air Act (the Act) relating to violations of the New Source Review permitting and control technology requirements, as well as the New Source Performance Standards at six Rhodia sulfuric acid plans in Hammond, Indiana; Baytown and Houston, Texas; Martinez and Dominguez, California; and Baton Rouge, Louisiana. The Consent Decree requires Rhodia to pay a civil penalty of $2,000,000 of which $1,000,000 will be paid to the United States and the rest will be divided amongst the City of Hammond, Indiana; the State of Indiana; the State of Louisiana; and the Bay Area Air Quality Management District of California. The Consent Decree further requires Rhodia to meet certain emission limits for sulfur dioxide and acid mist, and to comply with the NSPS, Subpart H requirements, including performance testing and monitoring. For a period of thirty (30) days from the date of this publication, the Department of Justice will receive comments relating to the proposed Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and National 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. Rhodia Inc., D.J. Ref. 90–5–2– 1–08500. The proposed Consent Decree may be examined at the Office of the United States Attorney, 5400 Federal Plaza, PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 24601 Suite 1500, Hammond, IN 46230, 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, http:// 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 $29.00 (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. William D. Brighton, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 07–2162 Filed 5–2–07; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Air Act Notice is hereby given that on April 19, 2007, a proposed Consent Decree in United States v. Shan Industries, LLC, Civil Action No. 2:07–1839 (JLL) was lodged with the United States District Court for the District of New Jersey. In this action the United States sought civil penalties and injunctive relief relating to alleged violations of the Clean Air Act, 42 U.S.C. 7401, et seq., and the National Emissions Standards for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks, 40 CFR Part 63, Subpart N, and the National Emissions Standards for Halogenated Solvent Cleaning, 40 CFR Part 63, Subpart T, arising out of Shan Industries, LLC’s ownership and operation of its Accurate Forming facility, located in Hamburg, New Jersey. Shan uses tricholoroethylene and hexavalent chromium to degrease and electroplate ‘‘deep drawn’’ metal parts used in such products as writing implements and automotive fuel filters. The Consent Decree resolves the claims alleged in the Complaint that Shan violated the Act and the pertinent regulations in its operations, and failed to comply with certain design, testing, operating, monitoring and reporting E:\FEDREG\03MYN1.LOC 03MYN1

Agencies

[Federal Register Volume 72, Number 85 (Thursday, May 3, 2007)]
[Notices]
[Pages 24600-24601]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-2163]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on April 16, 2007, a proposed Consent 
Decree in United States v. ExxonMobil Corporation, et al., Civil Action 
No. 1:07-cv-00060-PB, was lodged with the United States District Court 
for the District of New Hampshire. And on April 20, 2007, the same 
proposed Consent Decree was lodged with the United States District 
Court for the District of New Hampshire in State of New Hampshire v. 
ExxonMobil Corporation et al., Civil Action No. 1:07-cv-00080-PB.
    The proposed Consent Decree will settle the United States' claims 
on behalf of the U.S. Environmental Protection Agency (``EPA'') and the 
claims of the State of New Hampshire brought against defendants 
ExxonMobil Corporation, Cumberland Farms, Inc., FirstGroup America, 
Inc., Hexion Specialty Chemicals, Inc., Waste Management of New 
Hampshire, Inc., Waste Management Disposal Services of Massachusetts, 
Inc., Waste Management of Massachusetts, Inc., Clean Harbors of 
Braintree, Inc., Fluor Enterprises, Inc., Sears, Roebuck and Company, 
Greased Lightning, Inc., Fafard Real Estate and Development 
Corporation, Drake Petroleum Company, Inc., P.J. Keating Company, 
Triumvirate Environmental, Inc., Boston & Maine Corporation, Colonial 
Gas Company (d/b/a Keyspan Energy Delivery New England), United Parcel 
Service, GenCorp, Inc., Laidlaw Transit, Inc., DBT Corporation, 1400 
Motors, Inc., Pike Industries, Inc., City of Providence, Rhode Island, 
Covanta Haverhill, Inc., Fort James Corporation, Coca-Cola Enterprises, 
Inc., Regan Ford, Inc., Marble Motor Company, A & B Automotive, Inc., 
Air Products and Chemicals, Inc., Balise Motor Sales Company, Aggregate 
Industries--Northeast Region, Inc., Windham Equity Company, City of 
Boston, Massachusetts, City of Gloucester, Massachusetts, Peabody 
Municipal Light Plant, City of Peabody, Massachusetts, Colonial 
Cadillac-Oldsmobile, Inc., Continental Paving, Inc., Daley Oil Company, 
Dampolo Automotive, Inc., Colonial South Chevrolet, Inc., Enzo's Nahant 
Garage, Garelick Farms, L.L.C., General Electric Company, Inc., 
Haffner's Service Station, H.J. Nassar Motor Company, Inc., Hughes 
Motor Company, Jaffarian's Service, Inc., Arvo's Gulf, McKenna & 
O'Keefe, Merchants Automotive Group, Inc., Murphy's Waste Oil Service, 
Inc., Massachusetts Water Resources Authority, New England Detroit 
Diesel-Allison, Inc., Massachusetts Electric Company, New England Power 
Company, Butler Realty Trust (d/b/a Noyes Citgo Service Station), 
Pelletier Brothers' Garage, Plymouth & Brockton Street Railway Company, 
Plymouth Rock Transportation Corporation, Pratt & Whitney, a Division 
of United Technologies, Inc., Daniel J. Quirk, Inc. (d/b/a Quirk 
Chevrolet), D.J. Quirk Ford, Inc., R.B. Strong Excavating & Sewerage 
Contracting, Inc., Reynolds Auto Repair, Rick Starr Enterprises, Inc. 
(d/b/a Rick Starr Toyota, Rick Starr Volkswagen BMW, Rick Starr Pontiac 
Cadillac, Rick Starr Toyota Pontiac, and Rick Starr Ford), Rietzl 
Corporation, Ruland Manufacturing Company, Signature Flight Support 
Corporation, Silva's Garage, Smith Motor Sales of Haverhill, Inc., 
Sudbay Pontiac, Cadillac, Buick, Inc., Towers Front End Service, Town 
of Andover, Massachusetts, Town of Ipswich, Massachusetts, Town of 
Marshfield, Massachusetts, Vachon Motor Sales, Inc. (d/b/a Vachon 
Mazda), Vachon Imports, Inc. (d/b/a Vachon Mitsubishi), Gene Brown 
Motors (d/b/a Volvo Villate), WNA Comet East, Inc., Woodworth 
Chevrolet-Cadillac-Buick, Inc. Yeo Chevrolet, Inc., Henry's Auto Parts, 
Inc., James M. Scanzini (d/b/a Criterion Systems), John E. Power (d/b/a 
Power's Auto Service), Larry's Service, Mel's Auto Services, Inc., 
Micromatic Products Company, Inc., S & H Petroleum Corporation, Truck 
Services, Inc., Wayside Service Center, Hampshire Realty Trust, Sun 
Realty Trust, and Mark O. Henry (collectively referred to as ``Settling 
Defendants'') pursuant to Sections 106 and 107 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA''), 
42 U.S.C. 9606 and 9607, with respect to the Beede Waste Oil Superfund 
Site in Plaistow, New Hampshire. The State of New Hampshire also 
brought claims pursuant to New Hampshire RSA 147-A:9 and 147-B:10 and 
also alleged claims against five federal agencies.
    Pursuant to the Consent Decree, approximately 30 Settling 
Defendants, referred to in the Consent Decree as Performing Settling 
Defendants, will finance and perform the selected remedy at the Site, 
estimated to cost $48 million, and will receive approximately $23 
million from other settling parties and from the Beede Superfund 
Special Account to offset the cost of the work. In addition, the 
Performing Settling Defendants will reimburse the United States and the 
State of New Hampshire for all interim and future costs, and oversight 
costs up to $9.3 million (U.S. oversight costs capped at $7.2 million 
and New Hampshire oversight costs capped at $2.1 million). The owners 
of the Site property, who are Settling Defendants, will convey the Site 
property by deed to an entity designated by the Performing Settling 
Defendants. The remaining Settling Defendants are

[[Page 24601]]

de minimis parties and shall pay a total of approximately $8 million 
toward financing the work at the Site. The Consent Decree also resolves 
the claims against the five agencies of the United States: the 
Department of the Air Force, the Department of the Army, the Department 
of the Navy, the Federal Aviation Administration, and the United States 
Postal Service (``Settling Federal Agencies''). Pursuant to the Consent 
Decree, the Settling Federal Agencies shall pay approximately $14 
million toward financing the work 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 
proposed 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. ExxonMobil Corporation, et al., Civil Action 
No. 1:07-cv-00060-PB, D.J. Ref. 90-11-3-07039/11.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, District of New Hampshire, 53 Pleasant Street, 
Concord, New Hampshire 03301, and at the United States Environmental 
Protection Agency, Region I, 1 Congress Street, Suite 1100, Boston, 
Massachusetts 02114-2023. During the public comment period, the 
proposed Consent Decree may also be examined on the following 
Department of Justice Web site, http://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 number (202) 514-1547. If 
requesting a copy by mail from the Consent Decree Library, please 
enclose a check in the amount of $184.75 ($0.25 per page reproduction 
cost) payable to the United States Treasury or, if requesting by e-mail 
or fax, forward a check in that amount to the consent Decree Library at 
the stated address. if requesting a copy exclusive of exhibits and/or 
defendants' signatures, please enclose a check in the amount of $32.75 
($0.25 per page reproduction cost) payable to the United States 
Treasury.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 07-2163 Filed 5-2-07; 8:45 am]
BILLING CODE 4410-15-M