Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), 58126 [07-5029]

Download as PDF 58126 Federal Register / Vol. 72, No. 197 / Friday, October 12, 2007 / Notices DEPARTMENT OF JUSTICE jlentini on PROD1PC65 with NOTICES Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (‘‘CERCLA’’) Consistent with Section 122(d) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (‘‘CERCLA’’), 42 U.S.C. 9622(d), and 28 CFR 50.7, notice is hereby given that on September 24, 2007, a proposed Partial Consent Decree with Ferguson Harbour Incorporated in United States v. Ferguson Harbour Service Inc, et al., No. 3:03–CV–1266 (S.D. Miss.), was lodged with the United States District Court for the Southern District of Mississippi. In this action, the United States seeks to recover from various defendants, pursuant to Section 107 of CERCLA, 42 U.S.C. 9607, the costs incurred and to be incurred by the United States in responding to the release and/or threatened release of hazardous substances at and from the Industrial Pollution Control Site in Jackson, Hinds County, Mississippi. Under the proposed Consent Decree, Defendant Ferguson Harbour Incorporated will pay $10,000 to the Hazardous Substances Superfund in reimbursement of the costs incurred by the United States at the Site. The amount of the proposed settlement is based upon financial information provided by Ferguson Harbour Incorporated indicating a limited ability to pay. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Partial 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 Ferguson Harbour Service Inc. et al. (Consent Decree with Ferguson Harbour Incorporated, DOJ Ref. No. 90– 11–3–06625/5). The Consent Decree may be examined at U.S. EPA Region 4, Atlanta Federal Center, 61 Forsyth Street, SW, Atlanta, Georgia 30303 (contact Matthew Hicks, Esq. (404) 562–9670). 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, VerDate Aug<31>2005 16:35 Oct 11, 2007 Jkt 214001 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.fleet@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. Ferguson Harbour Service Inc. et al. (Consent Decree with Ferguson Harbour Incorporated, DOJ Ref. No. 90–11–3– 06625/5), and enclose a check in the amount of $5.25 (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. 07–5029 Filed 10–11–07; 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 September 24, 2007, a proposed Consent Decree in United States of America v. Great Lakes Carbon LLC, Civil Action No. 3:07-cv-476, (‘‘U.S. v. GLC’’) was lodged with the United States District Court for the Southern District of Texas. The civil action U.S. v. GLC is related to consolidated actions Amoco Chemical Co. v. United States of America, Civil Action No. G–96–272 (S.D. Tx.), (‘‘the Amoco lawsuit’’) and Tex Tin Corp. v. United States of America, Civil Action No. G–96–247 (S.D. Tx.), (‘‘the Tex Tin Lawsuit’’). The proposed Consent Decree relates to the Tex Tin Superfund Site located in Texas City, Galveston County, Texas (‘‘the Site’’) at the corner of Farm to Market Road 519 and State Highway 146. Metal smelting operations, principally for production of tin but also including other metal smelting and other production operations, occurred at the Site intermittently from approximately 1941 until 1991. Implementation of the remedy selected by EPA for the Site is now complete. In May 1996, Amoco Chemical Co. (now known as BP Amoco Chemical Company and hereinafter referred to as ‘‘BP ACC’’) filed the Amoco lawsuit pursuant to Sections 107 and 113 of CERCLA, 42 U.S.C. 9607 and 9613, for recovery of and contribution for CERCLA response costs. PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 In October 2003, the Tex Tin Settling Defendants Steering Committee filed in the Tex Tin lawsuit a First Amended Third Party Complaint pursuant to Sections 107 and 113 of CERCLA, 42 U.S.C. 9607 and 9613, for recovery of response costs against seven parties including Great Lakes Carbon Corp. and Phelps Dodge Corp. In 2003, Great Lakes Carbon Corporation converted to a Delaware Limited Liability Company and changed its name to Great Lakes Carbon LLC. On September 24, 2007, the United States filed a Complaint in U.S. v. GLC against Great Lakes Carbon LLC and Phelps Dodge Corp. (collectively ‘‘Settling Defendants’’) pursuant to Section 107 of CERCLA, 42 U.S.C. 9607, seeking reimbursement of response costs incurred or to be incurred for response actions taken or to be taken at or in connection with the release or threatened release of hazardous substances at the Site. Under the proposed Consent Decree, Great Lakes Carbon LLC will pay to the United States $150,000 and to the Tex Tin Settling Defendants Steering Committee and BP ACC $100,000 and Phelps Dodge Corp. will pay to the United States $93,000 and to the Tex Tin Settling Defendants Steering Committee and BP ACC $62,000. In the proposed Consent Decree, the United States 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, at or in connection with the Site, by the United States or any other person.’’ Also in the proposed Consent Decree, the Tex Tin Settling Defendants Steering Committee and BP ACC covenant not to sue and agree not to assert any claims or causes of action against Settling Defendants (1) with regard to the Site pursuant to Sections 107 and 113 of CERCLA, 42 U.S.C. 9607 and 9613; and (2) with regard to any claim arising out of response activities 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, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. E:\FR\FM\12OCN1.SGM 12OCN1

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Department of Justice

[Federal Register Volume 72, Number 197 (Friday, October 12, 2007)]
[Notices]
[Page 58126]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-5029]



[[Page 58126]]

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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(``CERCLA'')

    Consistent with Section 122(d) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980, as amended 
(``CERCLA''), 42 U.S.C. 9622(d), and 28 CFR 50.7, notice is hereby 
given that on September 24, 2007, a proposed Partial Consent Decree 
with Ferguson Harbour Incorporated in United States v. Ferguson Harbour 
Service Inc, et al., No. 3:03-CV-1266 (S.D. Miss.), was lodged with the 
United States District Court for the Southern District of Mississippi.
    In this action, the United States seeks to recover from various 
defendants, pursuant to Section 107 of CERCLA, 42 U.S.C. 9607, the 
costs incurred and to be incurred by the United States in responding to 
the release and/or threatened release of hazardous substances at and 
from the Industrial Pollution Control Site in Jackson, Hinds County, 
Mississippi. Under the proposed Consent Decree, Defendant Ferguson 
Harbour Incorporated will pay $10,000 to the Hazardous Substances 
Superfund in reimbursement of the costs incurred by the United States 
at the Site. The amount of the proposed settlement is based upon 
financial information provided by Ferguson Harbour Incorporated 
indicating a limited ability to pay.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Partial 
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 Ferguson Harbour Service Inc. et al. (Consent Decree 
with Ferguson Harbour Incorporated, DOJ Ref. No. 90-11-3-06625/5).
    The Consent Decree may be examined at U.S. EPA Region 4, Atlanta 
Federal Center, 61 Forsyth Street, SW, Atlanta, Georgia 30303 (contact 
Matthew Hicks, Esq. (404) 562-9670). 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, 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.fleet@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. Ferguson 
Harbour Service Inc. et al. (Consent Decree with Ferguson Harbour 
Incorporated, DOJ Ref. No. 90-11-3-06625/5), and enclose a check in the 
amount of $5.25 (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. 07-5029 Filed 10-11-07; 8:45 am]
BILLING CODE 4410-15-M

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