Notice of Lodging of Stipulation and Order Under the Comprehensive Environmental Response, Compensation and Liability Act and the Clean Water Act, 36900-36901 [E8-14704]

Download as PDF 36900 Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Notices amount to the Consent Decree Library at the stated address. Robert D. Brook, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E8–14675 Filed 6–27–08; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE jlentini on PROD1PC65 with NOTICES Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act Pursuant to 42 U.S.C. 9622(d)(2) and 28 CFR 50.7, notice is hereby given that, on June 20, 2008, a proposed Amended Consent Decree in United States and the State of Wisconsin v. P.H. Glatfelter Co. and WTM I Co., Civil Action No. 03–C– 0949 (E.D. Wis.) was lodged with the United States District Court for the Eastern District of Wisconsin. The Amended Consent Decree concerns polychlorinated biphenyl (‘‘PCB’’) contamination in a particular area of the Lower Fox River and Green Bay Site, known as Operable Unit 1 (Little Lake Butte des Morts). The original Consent Decree in this matter required the Defendants to implement the cleanup remedy for Operable Unit 1 that was selected in a December 2002 Record of Decision issued jointly by the U.S. Environmental Protection Agency (‘‘EPA’’) and the Wisconsin Department of Natural Resources (‘‘WDNR’’). That Decree provided that the Defendants would pay for performance of that work using a specially-dedicated $60 million fund established by the potentiallyresponsible parties, plus interest earned on the money placed in that fund. In light of that limited funding commitment, the Decree included corresponding ‘‘cost reopener’’ provisions that allowed termination of the Decree (with reservations of rights) if the actual costs of the work exceeded that funding commitment. The Amended Consent Decree would eliminate the ‘‘cost reopener’’ provisions of the original Decree and it would require the Defendants to complete the Operable Unit 1 cleanup without any pre-defined funding limitation. The Amended Decree also would accommodate adjustments to the Operable Unit 1 remedy that are reflected in a Record of Decision Amendment that EPA and WDNR issued on June 12, 2008. The work under the original Decree and the proposed Amended Decree currently is estimated to cost approximately $102 VerDate Aug<31>2005 16:15 Jun 27, 2008 Jkt 214001 million. Like the original Decree, the Amended Decree would not resolve the Defendants’ liability for additional cleanup work that will be required elsewhere at the Site. The Department of Justice will receive comments relating to the Amended Consent Decree for a period of thirty (30) days from the date of this publication. 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 United States and the State of Wisconsin v. P.H. Glatfelter Co. and WTM I Co., Civil Action No. 03–C–0949 (E.D. Wis.) and D.J. Ref. No. 90–11–2–1045/2. The Amended Consent Decree may be examined at: (1) The offices of the United States Attorney, 517 E. Wisconsin Avenue, Room 530, Milwaukee, Wisconsin; and (2) the offices of the U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 14th Floor, Chicago, Illinois. 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 Department of Justice Consent Decree Library, 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 enclose a check in the amount of $49.25 (197 pages at 25 cents per page reproduction cost) payable to the U.S. Treasury. For a copy of the Consent Decree alone, without appendices, please enclose a check in the amount of $26.25 (105 pages at 25 cents per page reproduction cost) payable to the U.S. Treasury. William D. Brighton, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E8–14725 Filed 6–27–08; 8:45 am] BILLING CODE 4410–15–P PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 DEPARTMENT OF JUSTICE Notice of Lodging of Stipulation and Order Under the Comprehensive Environmental Response, Compensation and Liability Act and the Clean Water Act Notice is hereby given that on June 17, 2008, a proposed Stipulation and Order (‘‘Stipulation’’) in In re Dana Corporation, et al., Civil Action No. 07– 8160 (SAS) (Jointly Administered Bankruptcy Case No. 06–10354) was lodged with the United States District Court for the Southern District of New York. In this action, the United States filed proofs of claim in the bankruptcy proceedings of debtor Dana Corporation and 40 of its affiliates (‘‘Dana’’) seeking reimbursement of response costs incurred and to be incurred under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601, et seq. (‘‘CERCLA’’); civil penalties under CERCLA and the Clean Water Act, 33 U.S.C. 1251, et seq.; and natural resource damages under CERCLA. The Stipulation settles these claims on behalf of the Environmental Protection Agency (‘‘EPA’’) for response costs at the following six Superfund sites: (1) The Cornell-Dubilier Electronics, Inc. Site, located in South Plainfield, New Jersey (the ‘‘CDE Site’’); (2) the West Highway 6 and Highway 281 Site, located in Hastings, Nebraska; (3) the Lakeland Landfill Disposal Services, Inc. Site, located near Claypool, Indiana; (4) the Main Street Well Field Site, East Side, located in Elkhart, Indiana; (5) the Solvents Recovery Service of New England, Inc. Site, located in Southington, Connecticut; and (6) the Tremont City Barrel Fill Site, located in Tremont City, Ohio. The Stipulation also settles EPA’s claims against Dana for civil penalties under the Clean Water Act at Dana’s former facility located in Muskegon, Michigan; and under sections 103(a) and 109 of CERCLA, 42 U.S.C. 9603(a) and 9609, at Dana’s former facility located in Bellefontaine, Ohio. Finally, the Stipulation settles claims on behalf of the Department of the Interior (‘‘Interior’’) and the National Oceanic and Atmospheric Administration (‘‘NOAA’’) pursuant to CERCLA, 42 U.S.C. 9607(a)(4)(c) and 9607(f), for natural resource damages with respect to the CDE Site. Under this settlement, EPA, NOAA, and Interior will receive allowed general unsecured claims in Dana’s bankruptcy totaling $125,670,252. Pursuant to the E:\FR\FM\30JNN1.SGM 30JNN1 Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Notices terms of Dana’s court-approved plan of reorganization, the United States will receive a distribution of stock in Dana Holding Corp. The United States will sell all stock it receives in connection with the settlement. Thus, the amount actually recovered by the United States as a result of the settlement will be determined in part by the market value of the shares at the time of the sale. The Department of Justice will receive, for a period of thirty (30) days from the date of this publication, comments relating to the Stipulation. 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 In re Dana Corporation, et al., D.J. Ref. 90– 11–3–531/4. The Stipulation may be examined at the Office of the United States Attorney, 86 Chambers Street, 3rd Floor, New York, New York 10007, at U.S. EPA Region 2, Office of Regional Counsel, 290 Broadway, New York, New York 10007–1866, and EPA Region 7, Office of Regional Counsel, 901 N. 5th Street, Kansas City, KS 66101. During the public comment period, the Stipulation may also be examined on the following Department of Justice Web site, https:// www.usdoj.gov/enrd/ ConsentlDecrees.html. A copy of the Stipulation 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 $4.75 (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 Ronald Gluck, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. FR Doc. E8–14704 Filed 6–27–08; 8:45 am] BILLING CODE 4410–CW–P VerDate Aug<31>2005 16:15 Jun 27, 2008 Jkt 214001 DEPARTMENT OF LABOR Employee Benefits Security Administration Advisory Council on Employee Welfare and Pension Benefit Plans; Nominations for Vacancies Section 512 of the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 895, 29 U.S.C. 1142, provides for the establishment of an Advisory Council on Employee Welfare and Pension Benefit Plans (the Council), which is to consist of 15 members to be appointed by the Secretary of Labor (the Secretary) as follows: Three representatives of employee organizations (at least one of whom shall be a representative of an organization whose members are participants in a multiemployer plan); three representatives of employers (at least one of whom shall be a representative of employers maintaining or contributing to multiemployer plans); one representative each from the fields of insurance, corporate trust, actuarial counseling, investment counseling, investment management, and accounting; and three representatives from the general public (one of whom shall be a person representing those receiving benefits from a pension plan). No more than eight members of the Council shall be members of the same political party. Members shall be persons qualified to appraise the programs instituted under ERISA. Appointments are for terms of three years. The prescribed duties of the Council are to advise the Secretary with respect to the carrying out of his or her functions under ERISA, and to submit to the Secretary, or his or her designee, recommendations with respect thereto. The Council will meet at least four times each year. The terms of five members of the Council expire on November 14, 2008. The groups or fields they represent are as follows: (1) Employee organizations; (2) employers; (3) corporate trust; (4) investment management; and (5) the general public. The Department of Labor is committed to equal opportunity in the workplace and seeks a broad-based and diverse ERISA Advisory Council. Accordingly, notice is hereby given that any person or organization desiring to recommend one or more individuals for appointment to the Advisory Council on Employee Welfare and Pension Benefit Plans, to represent any of the groups or fields specified in the preceding paragraph, may submit recommendations to Larry Good, ERISA Advisory Council Executive Secretary, PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 36901 Frances Perkins Building, U.S. Department of Labor, 200 Constitution Avenue, NW., Suite N–5623, Washington, DC 20210. Recommendations must be delivered or mailed on or before September 1, 2008. Recommendations may be in the form of a letter, resolution or petition, signed by the person making the recommendation or, in the case of a recommendation by an organization, by an authorized representative of the organization. Recommendations should include the position for which the nominee is recommended and the nominee’s contact information. The recommendation also must state that the candidate will accept appointment to the Council if offered and commit to attend meetings and to actively participate in the Council’s work to carry out its responsibilities under ERISA. Historically, this has meant a commitment of 15–20 days per year. Signed at Washington, DC, This 24th day of June, 2008. Bradford P. Campbell, Assistant Secretary, Employee Benefits Security Administration. [FR Doc. E8–14699 Filed 6–27–08; 8:45 am] BILLING CODE 4510–29–P DEPARTMENT OF LABOR Employee Benefits Security Administration Advisory Council on Employee Welfare and Pension Benefit Plans, Working Group on Spend Down of Defined Contribution Assets at Retirement; Notice of Meeting Pursuant to the authority contained in Section 512 of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1142, the Working Group assigned by the Advisory Council on Employee Welfare and Pension Benefit Plans to study the issue of spending down defined contribution assets at retirement will hold an open public meeting on July 16, 2008. The session will take place in C5515, Room 4, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210. The purpose of the open meeting, which will run from 9 a.m. to approximately 6 p.m., with a one hour break for lunch, is for Working Group members to hear testimony from invited witnesses. The Working Group will study the issues and barriers facing plan fiduciaries, plan sponsors, and plan participants as they attempt to evaluate approaches that guarantee periodic income levels at retirement. E:\FR\FM\30JNN1.SGM 30JNN1

Agencies

[Federal Register Volume 73, Number 126 (Monday, June 30, 2008)]
[Notices]
[Pages 36900-36901]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14704]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Stipulation and Order Under the 
Comprehensive Environmental Response, Compensation and Liability Act 
and the Clean Water Act

    Notice is hereby given that on June 17, 2008, a proposed 
Stipulation and Order (``Stipulation'') in In re Dana Corporation, et 
al., Civil Action No. 07-8160 (SAS) (Jointly Administered Bankruptcy 
Case No. 06-10354) was lodged with the United States District Court for 
the Southern District of New York.
    In this action, the United States filed proofs of claim in the 
bankruptcy proceedings of debtor Dana Corporation and 40 of its 
affiliates (``Dana'') seeking reimbursement of response costs incurred 
and to be incurred under the Comprehensive Environmental Response, 
Compensation and Liability Act, 42 U.S.C. 9601, et seq. (``CERCLA''); 
civil penalties under CERCLA and the Clean Water Act, 33 U.S.C. 1251, 
et seq.; and natural resource damages under CERCLA.
    The Stipulation settles these claims on behalf of the Environmental 
Protection Agency (``EPA'') for response costs at the following six 
Superfund sites: (1) The Cornell-Dubilier Electronics, Inc. Site, 
located in South Plainfield, New Jersey (the ``CDE Site''); (2) the 
West Highway 6 and Highway 281 Site, located in Hastings, Nebraska; (3) 
the Lakeland Landfill Disposal Services, Inc. Site, located near 
Claypool, Indiana; (4) the Main Street Well Field Site, East Side, 
located in Elkhart, Indiana; (5) the Solvents Recovery Service of New 
England, Inc. Site, located in Southington, Connecticut; and (6) the 
Tremont City Barrel Fill Site, located in Tremont City, Ohio.
    The Stipulation also settles EPA's claims against Dana for civil 
penalties under the Clean Water Act at Dana's former facility located 
in Muskegon, Michigan; and under sections 103(a) and 109 of CERCLA, 42 
U.S.C. 9603(a) and 9609, at Dana's former facility located in 
Bellefontaine, Ohio. Finally, the Stipulation settles claims on behalf 
of the Department of the Interior (``Interior'') and the National 
Oceanic and Atmospheric Administration (``NOAA'') pursuant to CERCLA, 
42 U.S.C. 9607(a)(4)(c) and 9607(f), for natural resource damages with 
respect to the CDE Site.
    Under this settlement, EPA, NOAA, and Interior will receive allowed 
general unsecured claims in Dana's bankruptcy totaling $125,670,252. 
Pursuant to the

[[Page 36901]]

terms of Dana's court-approved plan of reorganization, the United 
States will receive a distribution of stock in Dana Holding Corp. The 
United States will sell all stock it receives in connection with the 
settlement. Thus, the amount actually recovered by the United States as 
a result of the settlement will be determined in part by the market 
value of the shares at the time of the sale.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
Stipulation. 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 In re Dana Corporation, et al., D.J. Ref. 90-11-3-531/4.
    The Stipulation may be examined at the Office of the United States 
Attorney, 86 Chambers Street, 3rd Floor, New York, New York 10007, at 
U.S. EPA Region 2, Office of Regional Counsel, 290 Broadway, New York, 
New York 10007-1866, and EPA Region 7, Office of Regional Counsel, 901 
N. 5th Street, Kansas City, KS 66101. During the public comment period, 
the Stipulation may also be examined on the following Department of 
Justice Web site, https://www.usdoj.gov/enrd/Consent_Decrees.html. A 
copy of the Stipulation 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 $4.75 (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.

Ronald Gluck,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
FR Doc. E8-14704 Filed 6-27-08; 8:45 am]
BILLING CODE 4410-CW-P
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