Notice of Public Comment Period for Proposed Consent Decree and Settlement Agreement Under the Clean Air Act, RCRA and CERCLA, 33278-33279 [E9-16309]

Download as PDF 33278 Federal Register / Vol. 74, No. 131 / Friday, July 10, 2009 / Notices environmental consequences was assessed and appropriate mitigating measures were identified. The Record of Decision includes a description of the project’s background, a statement of the decision made, synopses of other alternatives considered, the basis for the decision, findings on impairment of park resources and values, a description of the environmentally preferred alternative, a listing of measures to minimize environmental harm, and an overview of public involvement in the decision-making process. Dated: June 2, 2009. Margaret O’Dell, Regional Director, National Capital Region. [FR Doc. E9–16329 Filed 7–9–09; 8:45 am] BILLING CODE 4312–59–P DEPARTMENT OF JUSTICE sroberts on DSKD5P82C1PROD with NOTICES Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that on June 29, 2009, a proposed Consent Decree in United States of America v. AlcatelLucent USA Inc., et al., Civil Action No. 09–CV–2902, was lodged with the United States District Court for the Eastern District of Pennsylvania. In this action the United States sought to recover from the defendants response costs incurred by the United States Environmental Protection Agency (‘‘EPA’’) in responding to releases or threatened releases of hazardous substances at or from the Heleva Landfill Site, located in North Whitehall Township, Lehigh County, Pennsylvania (the ‘‘Site’’). The Consent Decree memorializes the settlement that requires the settling parties, AlcatelLucent USA Inc. as successor in interest to AT&T Inc., Olin Corporation, and Pfizer Inc., to reimburse EPA’s past and future response costs related to the Site. The Consent Decree requires the settling parties to pay to the EPA Hazardous Substance Superfund the principal sum of $603,047.49 plus interest, in two installments. The first payment of $433,553.75 is due within forty-five (45) days of entry of the Consent Decree. The second payment of $169,493.74, plus interest, is due within two hundred and seventy (270) days of entry of the Consent Decree. The Consent Decree also requires that the settling parties pay future response costs incurred by EPA. The Department of Justice will receive for a period of thirty (30) days from the VerDate Nov<24>2008 22:16 Jul 09, 2009 Jkt 217001 date of this publication comments relating to the Decree. Comments should be addressed to the Assistant Attorney General, Environmental 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 of America v. Alcatel-Lucent USA Inc., et al., Civil Action No. 09–CV– 2902 (E.D. Pa.), D.J. Ref. 90–11–2–684/ 1. The Decree may be examined at the Office of the United States Attorney, Eastern District of Pennsylvania, 615 Chestnut Street, Suite 1250, Philadelphia, PA 19106, and at U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA 19103. During the public comment period, the 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 $9.25 (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. Maureen Katz, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E9–16308 Filed 7–9–09; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Public Comment Period for Proposed Consent Decree and Settlement Agreement Under the Clean Air Act, RCRA and CERCLA Under 28 CFR 50.7, notice is hereby given that, for a period of 30 days, the United States will receive public comments on a proposed Consent Decree and Settlement Agreement (‘‘Decree’’) in In Re: G–I Holdings, Inc., et al., (Bankr. Case Nos. 01–30135 (RG) and 01–38790 (RG) and United States v. G–I Holdings, Inc. (Adversary Proceeding No. 08–2531 (RG), which was lodged with the U.S. Bankruptcy Court for the District of New Jersey on July 2, 2009. The United States, on PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 behalf of U.S. Environmental Protection Agency (‘‘EPA’’), U.S. Department of the Interior (‘‘DOI’’), the U.S. National Oceanic and Atmospheric Administration (‘‘NOAA’’), the State of Vermont, and the debtor, G–I Holdings, Inc. (‘‘G–I’’) entered into the settlement under the Comprehensive Environmental Response, Compensation and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9601 et seq.; the Resource Conservation and Recovery Act (‘‘RCRA’’), 42 U.S.C. 6901 et seq.; the Clean Air Act, 42 U.S.C. 7401 et seq.; the Federal Water Pollution Control Act (‘‘FWPCA’’), 33 U.S.C. 1251 et seq.; and Title 10, Vermont Annotated Statutes §§ 1259, 1274, 6610a, 6615 and 6616. The proposed Decree would resolve the proofs of claim of the United States on behalf of EPA, DOI and NOAA, and the State of Vermont, and would also resolve the Adversary Proceeding United States v. G. Holdings, Inc., Adv. Pro. No. 08–2531 (RG), which seeks injunctive relief against G–I under section 303 of the Clean Air Act, 42 U.S.C. 7603, and section 7003 of RCRA, 42. U.S.C. 6973. The Decree addresses 13 hazardous waste sites across the country, including the Vermont Asbestos Mine Group Site (‘‘the VAG Site’’), in Eden and Lowell, Vermont. Under the terms of the settlement, G–I will establish and fund a Custodial Trust which will take immediate steps to secure the VAG Site by constructing fencing, gates and road barriers, and posting security guards. In addition, the Custodial Trust will conduct air monitoring and dust suppression, if determined to be necessary, and will assist and/or contribute to the off-site investigative and abatement work undertaken by EPA and the State of Vermont, over eight years, at a cost of up to $7.75 million. The proposed settlement also requires G–I to reimburse EPA for remediation of the VAG Site and off-site locations where waste from the mine may be located up to $300 million paid at 8.6 cents on the dollar. The United States’ and Vermont’s claims for natural resource damages are resolved through a series of payments over nine years totaling $850,000. The settlement also resolves EPA’s claims for past and future response costs and NOAA’s claim for natural resource damages at nine Generator Sites for $104,615. Finally, under the terms of the settlement the United States has up to 10 years to file suit to collect on monetary claims related to three sites in New Jersey and New York, the GAF Chemicals Site, the LCP Chemicals Inc. Superfund Site, and the Diamond Alkali Superfund Site, referred to as the E:\FR\FM\10JYN1.SGM 10JYN1 Federal Register / Vol. 74, No. 131 / Friday, July 10, 2009 / Notices ‘‘Linden Sites.’’ The United States retains the right to seek relief against the reorganized G–I for CERCLA response costs and/or natural resource damages at these three sites, and if G–I is found liable at the Linden Sites after confirmation of G–I’s Plan of Reorganization, the claims will be paid at 8.6 cents on the dollar. 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 In Re: G–I Holdings, Inc., et al., D.J. Ref. 90– 11–3–07425. During the public comment period, the Decree may 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 $33.50 (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. Maureen Katz, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E9–16309 Filed 7–9–09; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Bureau of Prisons Annual Determination of Average Cost of Incarceration Bureau of Prisons, Justice. Notice. AGENCY: sroberts on DSKD5P82C1PROD with NOTICES ACTION: SUMMARY: The fee to cover the average cost of incarceration for Federal inmates in Fiscal Year 2008 was $25,895. The average annual cost to confine an inmate in a Community Corrections Center for Fiscal Year 2008 was $23,882. DATES: Effective Date: July 10, 2009. VerDate Nov<24>2008 22:16 Jul 09, 2009 Jkt 217001 Office of General Counsel, Federal Bureau of Prisons, 320 First St., NW., Washington, DC 20534. FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, (202) 307–2105. SUPPLEMENTARY INFORMATION: 28 CFR part 505 allows for assessment and collection of a fee to cover the average cost of incarceration for Federal inmates. We calculate this fee by dividing the number representing Bureau facilities’ monetary obligation (excluding activation costs) by the number of inmate-days incurred for the preceding fiscal year, and then by multiplying the quotient by 365. Under § 505.2, the Director of the Bureau of Prisons determined that, based upon fiscal year 2008 data, the fee to cover the average cost of incarceration for Federal inmates in Fiscal Year 2008 was $25,895. In addition, the average annual cost to confine an inmate in a Community Corrections Center for Fiscal Year 2008 was $23,882. ADDRESSES: Harley G. Lappin, Director, Bureau of Prisons. [FR Doc. E9–16304 Filed 7–9–09; 8:45 am] BILLING CODE 4410–05–P DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION [Docket No. OSHA–2009–0020] Advisory Committee on Construction Safety and Health (ACCSH) and ACCSH Work Group; Meetings AGENCY: Occupational Safety and Health Administration (OSHA), Department of Labor. ACTION: Announcement of a meeting of the Advisory Committee on Construction Safety and Health (ACCSH) and ACCSH Work Group meetings. SUMMARY: ACCSH will meet July 30 and 31, 2009, in Washington, DC. In conjunction with ACCSH’s meeting its Work Groups will meet July 28 and 29, 2009. DATES: ACCSH: ACCSH will meet from 8:30 a.m. to 4:30 p.m., Thursday, July 30, 2009, and from 8:30 a.m. to Noon, Friday, July 31, 2009. ACCSH Work Groups: ACCSH Work Groups will meet Tuesday, July 28, and Wednesday, July 29, 2009. (For the Work Group meeting times, see the Work Group Schedule in the SUPPLEMENTARY INFORMATION section of this notice.) PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 33279 Submission of comments, requests to speak and requests for special accommodation: Comments, requests to speak at the ACCSH meeting and requests for special accommodations for the ACCSH and ACCSH Work Group meetings must be submitted (postmarked, sent, transmitted) by July 17, 2009. Submission of speaker presentations: Persons who request to speak at the ACCSH meeting must submit materials, written or electronic (e.g., PowerPoint), that they will present at the ACCSH meeting by July 23, 2009. ADDRESSES: ACCSH and ACCSH Work Group Meetings: ACCSH and ACCSH Work Group meetings will be held in Rooms N–3437 A–C of the Frances Perkins Building, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210. Submission of comments, requests to speak, and speaker presentations: Interested persons may submit comments, requests to speak at the ACCSH meeting, and speaker presentations using one of the following methods: Electronically: You may submit materials, including attachments, electronically at https:// www.regulations.gov, which is the Federal eRulemaking Portal. Follow the on-line instructions for making submissions. Facsimile (FAX): If your submission, including attachments, does not exceed 10 pages, you may fax it to the OSHA Docket Office at (202) 693–1648. Mail, hand delivery, express mail, messenger, or courier service: Submit three copies of your submissions to the OSHA Docket Office, Room N–2625, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693–2350 (TTY (877) 889–5627). Deliveries (hand deliveries, express mail, messenger, and courier service) are accepted during the Department of Labor’s and OSHA Docket Office’s normal business hours, 8:15 a.m.–4:45 p.m., E.T., weekdays. Requests for special accommodations: Submit requests for special accommodations to Ms. Veneta Chatmon, OSHA, Office of Communications, Room N–3647, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693–1999; e-mail chatmon.veneta@dol.gov. Instructions: All submissions, requests to speak, speaker presentations, and requests for special accommodations must include the Agency name (Occupational Safety and E:\FR\FM\10JYN1.SGM 10JYN1

Agencies

[Federal Register Volume 74, Number 131 (Friday, July 10, 2009)]
[Notices]
[Pages 33278-33279]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16309]


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

DEPARTMENT OF JUSTICE


Notice of Public Comment Period for Proposed Consent Decree and 
Settlement Agreement Under the Clean Air Act, RCRA and CERCLA

    Under 28 CFR 50.7, notice is hereby given that, for a period of 30 
days, the United States will receive public comments on a proposed 
Consent Decree and Settlement Agreement (``Decree'') in In Re: G-I 
Holdings, Inc., et al., (Bankr. Case Nos. 01-30135 (RG) and 01-38790 
(RG) and United States v. G-I Holdings, Inc. (Adversary Proceeding No. 
08-2531 (RG), which was lodged with the U.S. Bankruptcy Court for the 
District of New Jersey on July 2, 2009. The United States, on behalf of 
U.S. Environmental Protection Agency (``EPA''), U.S. Department of the 
Interior (``DOI''), the U.S. National Oceanic and Atmospheric 
Administration (``NOAA''), the State of Vermont, and the debtor, G-I 
Holdings, Inc. (``G-I'') entered into the settlement under the 
Comprehensive Environmental Response, Compensation and Liability Act 
(``CERCLA''), 42 U.S.C. 9601 et seq.; the Resource Conservation and 
Recovery Act (``RCRA''), 42 U.S.C. 6901 et seq.; the Clean Air Act, 42 
U.S.C. 7401 et seq.; the Federal Water Pollution Control Act 
(``FWPCA''), 33 U.S.C. 1251 et seq.; and Title 10, Vermont Annotated 
Statutes Sec. Sec.  1259, 1274, 6610a, 6615 and 6616. The proposed 
Decree would resolve the proofs of claim of the United States on behalf 
of EPA, DOI and NOAA, and the State of Vermont, and would also resolve 
the Adversary Proceeding United States v. G. Holdings, Inc., Adv. Pro. 
No. 08-2531 (RG), which seeks injunctive relief against G-I under 
section 303 of the Clean Air Act, 42 U.S.C. 7603, and section 7003 of 
RCRA, 42. U.S.C. 6973.
    The Decree addresses 13 hazardous waste sites across the country, 
including the Vermont Asbestos Mine Group Site (``the VAG Site''), in 
Eden and Lowell, Vermont. Under the terms of the settlement, G-I will 
establish and fund a Custodial Trust which will take immediate steps to 
secure the VAG Site by constructing fencing, gates and road barriers, 
and posting security guards. In addition, the Custodial Trust will 
conduct air monitoring and dust suppression, if determined to be 
necessary, and will assist and/or contribute to the off-site 
investigative and abatement work undertaken by EPA and the State of 
Vermont, over eight years, at a cost of up to $7.75 million.
    The proposed settlement also requires G-I to reimburse EPA for 
remediation of the VAG Site and off-site locations where waste from the 
mine may be located up to $300 million paid at 8.6 cents on the dollar. 
The United States' and Vermont's claims for natural resource damages 
are resolved through a series of payments over nine years totaling 
$850,000. The settlement also resolves EPA's claims for past and future 
response costs and NOAA's claim for natural resource damages at nine 
Generator Sites for $104,615.
    Finally, under the terms of the settlement the United States has up 
to 10 years to file suit to collect on monetary claims related to three 
sites in New Jersey and New York, the GAF Chemicals Site, the LCP 
Chemicals Inc. Superfund Site, and the Diamond Alkali Superfund Site, 
referred to as the

[[Page 33279]]

``Linden Sites.'' The United States retains the right to seek relief 
against the reorganized G-I for CERCLA response costs and/or natural 
resource damages at these three sites, and if G-I is found liable at 
the Linden Sites after confirmation of G-I's Plan of Reorganization, 
the claims will be paid at 8.6 cents on the dollar.
    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 
In Re: G-I Holdings, Inc., et al., D.J. Ref. 90-11-3-07425.
    During the public comment period, the Decree may 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 $33.50 
(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.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E9-16309 Filed 7-9-09; 8:45 am]
BILLING CODE 4410-15-P
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