Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act, 39713 [E9-18973]
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Federal Register / Vol. 74, No. 151 / Friday, August 7, 2009 / Notices
for Secondary Aluminum Production,
codified at 40 CFR part 63, subparts A
and RRR; and related provisions of state
and local law at 15 of its secondary
aluminum production facilities.
Specifically, the Amended Complaint
alleges that Aleris failed to demonstrate
compliance with emission standards
through valid performance testing, to
design and install adequate capture and
collection systems, to correctly establish
and monitor operating parameters, and
to comply with recordkeeping and
reporting requirements.
The Consent Decree would require
Aleris to improve its capture of
emissions at each emission unit, retest
every emission unit using model test
protocols, adopt new monitoring
practices, use model recordkeeping and
reporting documents, and install an
additional control device and
monitoring equipment at particular
facilities. The Consent Decree would
also provide for a $4.6 million civil
penalty, to be allowed as a prepetition
general unsecured claim in Aleris’s
pending bankruptcy proceeding in the
United States Bankruptcy Court for the
District of Delaware.
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.
Department of Justice, Washington, DC
20044–7611, and should refer to United
States et al. v. Aleris International, Inc.
et al., D.J. Ref. No. 90–5–2–1–08603.
The Consent Decree may be examined
at the Office of the United States
Attorney, Northern District of Ohio, 801
W. Superior Avenue, Suite 400,
Cleveland, OH 44113, and at the United
States Environmental Protection
Agency, Ariel Rios Building, 1200
Pennsylvania Avenue, NW.,
Washington, DC 20460. 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 from the Consent
Decree Library, please enclose a check
in the amount of $95.50 for a copy of
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17:09 Aug 06, 2009
Jkt 217001
the complete Consent Decree (25 cents
per page reproduction cost), or $21.00
for a copy without appendices, 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 Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. E9–18972 Filed 8–6–09; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Comprehensive
Environmental Response,
Compensation and Liability Act
Notice is hereby given that on August
4, 2009, a proposed Consent Decree in
United States of America et al. v. AK
Steel Corporation, et al., Civil Action
No. 97–1863 was lodged with the
United States District Court for the
Western District of Pennsylvania.
The Consent Decree is identical to one
lodged on June 1, 2009, in the same
matter (‘‘original decree’’), except that it
eliminates one settling party, General
Motors Corporation, due to its pending
bankruptcy. The Consent Decree
resolves the United States’ claims
against 35 parties at the Breslube Penn
Superfund Site, located in Coraopolis,
Moon Township, Pennsylvania. Those
claims were brought under Section 107
of the Comprehensive Environmental
Response, Compensation and Liability
Act, 42 U.S.C. 9607. The Settling
Defendants consist of two groups, eight
Performing Defendants and 27 NonPerforming Defendants. The
Commonwealth of Pennsylvania has
signed the Consent Decree and has filed
a separate complaint.
The Consent Decree requires that
Performing Defendants fund and
perform the remedy selected in EPA’s
August 2007 Record of Decision. The
estimated cost of the remedy is
$8,070,000, and may increase to
$12,610,000 if EPA decides two
contingent remedies are necessary. The
settlement also recovers past costs of the
United States ($3,037,491.61), past costs
of the Commonwealth ($41,356.04), and
includes an agreement to pay all future
response costs.
The Department of Justice published
notice of the original decree in the
Federal Register on June 8, 2009, 74 FR
27181, and the public was invited to
submit comments for the thirty day
period ending July 8, 2009. No
comments were received. The
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39713
Department of Justice will receive for an
additional period of fifteen (15) days
from the date of this publication
comments relating to the elimination of
General Motors Corporation from the
settlement. 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 et al. v. AK Steel
Corporation, et al., Civil Action No. 97–
1863 (W.D. PA), D.J. Ref. 90–11–3–1762.
The Decree may be examined at U.S.
EPA Region 3, 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 $23.25 (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 Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. E9–18973 Filed 8–6–09; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Amendment to Consent Decree Under
the Comprehensive Environmental
Response, Compensation and Liability
Act, Clean Water Act, and the
Pennsylvania Hazardous Sites Cleanup
Act
Notice is hereby given that on August
3, 2009, a proposed Amendment to
Consent Decree (‘‘Amendment’’),
pertaining to United States v.
Horsehead Industries Inc., 3:CV–98–
0654, was lodged with the United States
District Court for the Middle District of
Pennsylvania. The proposed
Amendment amends the consent decree
entered by the Court on November 21,
2003 (‘‘2003 Decree’’), which addressed
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[Federal Register Volume 74, Number 151 (Friday, August 7, 2009)]
[Notices]
[Page 39713]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18973]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Comprehensive
Environmental Response, Compensation and Liability Act
Notice is hereby given that on August 4, 2009, a proposed Consent
Decree in United States of America et al. v. AK Steel Corporation, et
al., Civil Action No. 97-1863 was lodged with the United States
District Court for the Western District of Pennsylvania.
The Consent Decree is identical to one lodged on June 1, 2009, in
the same matter (``original decree''), except that it eliminates one
settling party, General Motors Corporation, due to its pending
bankruptcy. The Consent Decree resolves the United States' claims
against 35 parties at the Breslube Penn Superfund Site, located in
Coraopolis, Moon Township, Pennsylvania. Those claims were brought
under Section 107 of the Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. 9607. The Settling Defendants
consist of two groups, eight Performing Defendants and 27 Non-
Performing Defendants. The Commonwealth of Pennsylvania has signed the
Consent Decree and has filed a separate complaint.
The Consent Decree requires that Performing Defendants fund and
perform the remedy selected in EPA's August 2007 Record of Decision.
The estimated cost of the remedy is $8,070,000, and may increase to
$12,610,000 if EPA decides two contingent remedies are necessary. The
settlement also recovers past costs of the United States
($3,037,491.61), past costs of the Commonwealth ($41,356.04), and
includes an agreement to pay all future response costs.
The Department of Justice published notice of the original decree
in the Federal Register on June 8, 2009, 74 FR 27181, and the public
was invited to submit comments for the thirty day period ending July 8,
2009. No comments were received. The Department of Justice will receive
for an additional period of fifteen (15) days from the date of this
publication comments relating to the elimination of General Motors
Corporation from the settlement. 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 et al. v. AK
Steel Corporation, et al., Civil Action No. 97-1863 (W.D. PA), D.J.
Ref. 90-11-3-1762.
The Decree may be examined at U.S. EPA Region 3, 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 $23.25 (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 Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. E9-18973 Filed 8-6-09; 8:45 am]
BILLING CODE 4410-15-P