Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 17159-17160 [2010-7526]
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Federal Register / Vol. 75, No. 64 / Monday, April 5, 2010 / Notices
Main Street, Somerset, PA 15501,
814.443.4557.
The
meeting will be open to the public. Any
member of the public may file with the
Commission a written statement
concerning agenda items. Address all
statements to: Flight 93 Advisory
Commission, 109 West Main Street,
Somerset, PA 15501. Before including
your address, phone number, e-mail
address, or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—may be made
publicly available at any time. While
you can ask us in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
SUPPLEMENTARY INFORMATION:
Dated: March 18, 2010.
Joanne M. Hanley,
Superintendent, Flight 93 National Memorial.
[FR Doc. 2010–7636 Filed 4–2–10; 8:45 am]
BILLING CODE P
DEPARTMENT OF THE INTERIOR
Minerals Management Service
Notice of Availability of the Proposed
Notice of Sale (NOS) for Outer
Continental Shelf (OCS) Oil and Gas
Lease Sale 215 in the Western
Planning Area (WPA) in the Gulf of
Mexico (GOM)
AGENCY: Minerals Management Service,
Interior.
ACTION: Notice of availability of the
proposed NOS for proposed Sale 215.
jlentini on DSKJ8SOYB1PROD with NOTICES
SUMMARY: The MMS announces the
availability of the proposed NOS for
proposed Sale 215 in the WPA. This
Notice is published pursuant to 30 CFR
256.29(c) as a matter of information to
the public. With regard to oil and gas
leasing on the OCS, the Secretary of the
Interior, pursuant to section 19 of the
OCS Lands Act, provides the affected
states the opportunity to review the
proposed Notice. The proposed Notice
sets forth the proposed terms and
conditions of the sale, including
minimum bids, royalty rates, and
rentals.
DATES: Comments on the size, timing, or
location of proposed Sale 215 are due
from the affected states within 60 days
following their receipt of the proposed
Notice. The final NOS will be published
in the Federal Register at least 30 days
prior to the date of bid opening. Bid
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opening is currently scheduled for
August 18, 2010.
SUPPLEMENTARY INFORMATION: The
proposed NOS for Sale 215 and a
‘‘Proposed Notice of Sale Package’’
containing information essential to
potential bidders may be obtained from
the Public Information Unit, Gulf of
Mexico Region, Minerals Management
Service, 1201 Elmwood Park Boulevard,
New Orleans, Louisiana 70123–2394,
telephone: (504) 736–2519.
Dated: March 31, 2010.
S. Elizabeth Birnbaum,
Director, Minerals Management Service.
[FR Doc. 2010–7713 Filed 4–2–10; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA)
Notice is hereby given that on March
30, 2010, a Consent Decree in United
States of America v. the Commonwealth
of Pennsylvania, Civil Action No. 10–
cv–1382, was lodged with the United
States District Court for the Eastern
District of Pennsylvania.
The United States filed a complaint
concurrently with the settlement
agreement in which it asserts claims
against the Commonwealth of
Pennsylvania pursuant to sections 107
and 113 of the Comprehensive
Environmental Response, Compensation
and Liability Act, 42 U.S.C. 9607 and
9613. The claims arise from asbestos
contamination at the Valley Forge
Asbestos Release Site (the ‘‘Site’’),
located within the Valley Forge National
Historical Park in Montgomery County,
Pennsylvania. As alleged in the
complaint, beginning in the late 1890’s,
several companies owned and operated
an asbestos manufacturing facility on 46
acres within the Site. The
Commonwealth operated a State park at
the Site adjacent to the manufacturing
operations during the time of disposal of
asbestos-containing wastes, and the area
of the former State park also became
contaminated with asbestos-containing
wastes. In 1976, the United States
purchased the property formerly owned
by the asbestos manufacturers, and the
Commonwealth of Pennsylvania
transferred the former State park to the
United States. The United States created
the Valley Forge National Historical
Park which is now comprised of the
former State park and the property the
United States acquired from the asbestos
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17159
manufacturers. In the complaint, the
United States, on behalf of the
Department of the Interior and the
Environmental Protection Agency, seeks
reimbursement of costs incurred and to
be incurred to remedy the asbestos
contamination at the Site.
The Settlement Agreement resolves
the claims of the United States and the
potential claims or counterclaims of the
Commonwealth of Pennsylvania at the
Site. The National Park Service has
selected a remedy for the Site and,
under the Settlement Agreement, the
Commonwealth will pay sixty percent
of the cost of implementing the remedy
at the Site and the United States will
pay forty percent. Specifically, the
Settlement Agreement obligates
Pennsylvania to pay $5.2 million to the
United States upon entry of the
Agreement by the Court. No more than
one year after entry of the Agreement,
the Commonwealth will set aside $2
million into a special restricted account
which will be used to pay sixty percent
of the cost of performance of the remedy
at the Site above $8.66 million up to a
maximum of $12 million. In the event
that the costs of the remedy exceed $12
million, the Agreement provides that
the United States will pay $400,000 of
each increment of $1 million and
Pennsylvania will pay $600,000. The
United States as the lead agency at the
Site will oversee implementation of the
remedy.
The Department of Justice will receive
for a period of sixty (60) days from the
date of this publication comments
relating to this 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, Attention: Nancy
Flickinger (EES), and should refer to
United States of America v.
Commonwealth of Pennsylvania, Civil
Action No. 10–cv–1382 and DOJ #90–
11–2–06991/2.
The proposed Consent Decree may be
examined at the Office of the United
States Attorney for the Eastern District
of Pennsylvania, 615 Chestnut Street,
Suite 1250, Philadelphia, PA 19016. The
consent decree also may be examined
on the following Department of Justice
Web site, https://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
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17160
Federal Register / Vol. 75, No. 64 / Monday, April 5, 2010 / Notices
(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
$35.75 (25 cents per page reproduction
cost for a full copy) payable to the U.S.
Treasury.
Maureen Katz,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. 2010–7526 Filed 4–2–10; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
jlentini on DSKJ8SOYB1PROD with NOTICES
Notice of Lodging of Settlement
Agreement Under the Comprehensive
Environmental Response,
Compensation, and Liability Act
Notice is hereby given that on March
30, 2010, a proposed Settlement
Agreement in the bankruptcy matter, In
re Lyondell Chemical Company, et al.,
Jointly Administered Case No. 09–10023
(REG), was lodged with the United
States Bankruptcy Court for the
Southern District of New York. The
Settlement Agreement relates to alleged
environmental liabilities of debtor
Lyondell Chemical Company and 93 of
its affiliates (collectively, the ‘‘Lyondell
Debtors’’).
The Settlement Agreement resolves
claims of the Environmental Protection
Agency (‘‘EPA’’) against certain Lyondell
Debtors for response costs under the
Comprehensive Environmental
Response, Compensation, and Liability
Act (‘‘CERCLA’’), 42 U.S.C. 9601–9675,
with respect to the following sites: (1)
The 68th Street Dump Site located in
Maryland; (2) the Allied Paper/Portage
Creek/Kalamazoo River Site located in
Michigan; (3) the Barefoot Disposal Site
located in Pennsylvania; (4) the Berks
Landfill Site located in Pennsylvania;
(5) the Chief Supply Site located in
Oklahoma; (6) the Clinton Dock Area
Site located in Iowa; (7) the Diamond
Alkali/Lower Passaic River Study Area
Site located in New Jersey; (8) the
French Limited Site located in Texas;
(9) the Hegeler Zinc Site located in
Illinois; (10) the Malone Service Site
located in Texas; (11) the Many
Diversified Interests Site located in
Texas; (12) the Omega Chemical
Corporation Site located in California;
and (13) the San Fernando Valley Site
located in California.
The Settlement Agreement further
settles EPA’s claims against certain
Lyondell Debtors for: (1) Civil penalties
under the Resource Conservation and
Recovery Act (‘‘RCRA’’), 42 U.S.C. 6901–
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6992k, with respect to the Brunswick
Facility located in Georgia; (2) civil
penalties under the Clean Air Act, 42
U.S.C. 7401–7671q, with respect to the
Houston Refinery located in Texas; and
(3) stipulated penalties under CERCLA
Administrative Orders on Consent with
respect to the Allied Paper/Portage
Creek/Kalamazoo River Site and the
Chief Supply Site.
The Settlement Agreement also
resolves claims of the Department of the
Interior (‘‘DOI’’) and the National
Oceanic and Atmospheric
Administration (‘‘NOAA’’) against
certain Lyondell Debtors for natural
resource damages and related
assessment costs with respect to the
following sites: (1) The Allied Paper/
Portage Creek/Kalamazoo River Site; (2)
the Diamond Alkali/Lower Passaic River
Study Area Site; and (3) the Hegeler
Zinc Site.
Under the Settlement Agreement,
EPA, DOI, and NOAA collectively will
receive allowed general unsecured
claims in the bankruptcy totaling
$1,135,895,990.
The United States will also receive a
cash payment of $53,628,150, which
will be applied to the following six
sites: (1) The 68th Street Dump Site; (2)
the Allied Paper/Portage Creek/
Kalamazoo River Site; (3) the Barefoot
Disposal Site; (4) the Berks Landfill Site;
(5) the Diamond Alkali/Lower Passaic
River Study Area Site; and (6) the
French Limited Site.
Pursuant to the Settlement
Agreement, the United States may seek
to recover response costs and natural
resource damages with respect to
approximately 380 additional nondebtor-owned sites, and such costs and
damages will be treated as general
unsecured claims under the Lyondell
Debtors’ Plan of Reorganization. The
United States may pursue injunctive
relief against the Lyondell Debtors
under RCRA Section 7003 with respect
to nine of the approximately 380 sites,
but may not otherwise seek injunctive
relief under CERCLA Section 106 or
RCRA Section 7003 against the Lyondell
Debtors with respect to those sites.
Finally, pursuant to the Settlement
Agreement and a Custodial Trust
Agreement, certain Lyondell Debtors
will transfer title to nine debtor-owned
real properties to a custodial trust and
contribute approximately $108.4 million
to the trust to fund cleanups of these
properties and administrative expenses
of the trust. The nine custodial trust
properties are: (1) The Allied Paper Mill
located in Michigan; (2) the Beaver
Valley property located in
Pennsylvania; (3) the Bully Hill Mine
located in California; (4) the Charlotte
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property located in North Carolina; (5)
the Excelsior Mine located in California;
(6) the Gypsum Pile property located in
Illinois; (7) the Rising Star Mine located
in California; (8) the Saint Helena
property located in Maryland; and (9)
the Turtle Bayou property located in
Texas.
The Department of Justice will
receive, for a period of fifteen days from
the date of this publication, comments
relating to the Settlement Agreement. To
be considered, comments must be
received by the Department of Justice by
the date that is fifteen days from the
date of this publication. Comments
should be addressed to the Assistant
Attorney General, Environment and
Natural Resources Division, and either
e-mailed to pubcommentees.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 Lyondell Chemical
Company, et al., D.J. Ref. 90–5–2–1–
2132/3. Commenters may request an
opportunity for a public meeting in the
affected area, in accordance with
Section 7003(d) of RCRA, 42 U.S.C.
6973(d).
The Settlement Agreement and the
Custodial Trust Agreement may be
examined at the Office of the United
States Attorney, 86 Chambers Street, 3rd
Floor, New York, New York 10007, and
at the U.S. Environmental Protection
Agency, Ariel Rios Building, 1200
Pennsylvania Avenue, NW.,
Washington, DC 20460. During the
public comment period, the Settlement
Agreement and the Custodial Trust
Agreement may also be examined on the
following Department of Justice Web
site, https://www.usdoj.gov/enrd/
Consent_Decrees.html. Copies of the
Settlement Agreement and the Custodial
Trust Agreement 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
$55.00 (with exhibits) or $29.75
(without exhibits) (25 cents per page
reproduction cost) payable to the U.S.
Treasury or, if by e-mail or fax, please
forward a check in that amount to the
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]]>Agencies
[Federal Register Volume 75, Number 64 (Monday, April 5, 2010)]
[Notices]
[Pages 17159-17160]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7526]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA)
Notice is hereby given that on March 30, 2010, a Consent Decree in
United States of America v. the Commonwealth of Pennsylvania, Civil
Action No. 10-cv-1382, was lodged with the United States District Court
for the Eastern District of Pennsylvania.
The United States filed a complaint concurrently with the
settlement agreement in which it asserts claims against the
Commonwealth of Pennsylvania pursuant to sections 107 and 113 of the
Comprehensive Environmental Response, Compensation and Liability Act,
42 U.S.C. 9607 and 9613. The claims arise from asbestos contamination
at the Valley Forge Asbestos Release Site (the ``Site''), located
within the Valley Forge National Historical Park in Montgomery County,
Pennsylvania. As alleged in the complaint, beginning in the late
1890's, several companies owned and operated an asbestos manufacturing
facility on 46 acres within the Site. The Commonwealth operated a State
park at the Site adjacent to the manufacturing operations during the
time of disposal of asbestos-containing wastes, and the area of the
former State park also became contaminated with asbestos-containing
wastes. In 1976, the United States purchased the property formerly
owned by the asbestos manufacturers, and the Commonwealth of
Pennsylvania transferred the former State park to the United States.
The United States created the Valley Forge National Historical Park
which is now comprised of the former State park and the property the
United States acquired from the asbestos manufacturers. In the
complaint, the United States, on behalf of the Department of the
Interior and the Environmental Protection Agency, seeks reimbursement
of costs incurred and to be incurred to remedy the asbestos
contamination at the Site.
The Settlement Agreement resolves the claims of the United States
and the potential claims or counterclaims of the Commonwealth of
Pennsylvania at the Site. The National Park Service has selected a
remedy for the Site and, under the Settlement Agreement, the
Commonwealth will pay sixty percent of the cost of implementing the
remedy at the Site and the United States will pay forty percent.
Specifically, the Settlement Agreement obligates Pennsylvania to pay
$5.2 million to the United States upon entry of the Agreement by the
Court. No more than one year after entry of the Agreement, the
Commonwealth will set aside $2 million into a special restricted
account which will be used to pay sixty percent of the cost of
performance of the remedy at the Site above $8.66 million up to a
maximum of $12 million. In the event that the costs of the remedy
exceed $12 million, the Agreement provides that the United States will
pay $400,000 of each increment of $1 million and Pennsylvania will pay
$600,000. The United States as the lead agency at the Site will oversee
implementation of the remedy.
The Department of Justice will receive for a period of sixty (60)
days from the date of this publication comments relating to this
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, Attention:
Nancy Flickinger (EES), and should refer to United States of America v.
Commonwealth of Pennsylvania, Civil Action No. 10-cv-1382 and DOJ
90-11-2-06991/2.
The proposed Consent Decree may be examined at the Office of the
United States Attorney for the Eastern District of Pennsylvania, 615
Chestnut Street, Suite 1250, Philadelphia, PA 19016. The consent decree
also may be examined on the following Department of Justice Web site,
https://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
[[Page 17160]]
(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 $35.75 (25 cents per
page reproduction cost for a full copy) payable to the U.S. Treasury.
Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2010-7526 Filed 4-2-10; 8:45 am]
BILLING CODE 4410-15-P
