Notice of Lodging of Consent Decree Under Comprehensive Environmental Response, Compensation and Liability Act, 47626-47627 [2010-19443]

Download as PDF 47626 Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Notices and explain the basis for your comments. Include sufficient information with your comments to allow us to authenticate any scientific or commercial data you include. The comments and recommendations that will be most useful and likely to influence agency decisions are: (1) Those supported by quantitative information or studies; and (2) Those that include citations to, and analyses of, the applicable laws and regulations. We will not consider or include in our administrative record comments we receive after the close of the comment period (see DATES) or comments delivered to an address other than those listed above (see ADDRESSES). B. May I Review Comments Submitted by Others? Comments, including names and street addresses of respondents, will be available for public review at the address listed under ADDRESSES. The public may review documents and other information applicants have sent in support of the application unless our allowing viewing would violate the Privacy Act or Freedom of Information Act. 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. sroberts on DSKD5P82C1PROD with NOTICES II. Background To help us carry out our conservation responsibilities for affected species, the Endangered Species Act of 1973, section 10(a)(1)(A), as amended (16 U.S.C. 1531 et seq.), and our regulations in the Code of Federal Regulations (CFR) at 50 CFR 17, along with the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.),[Doc regulations in the Code of Federal Regulations (CFR) at 50 CFR 18 require that we invite public comment before final action on these permit applications. Under the MMPA, you may request a hearing on any MMPA application received. If you request a hearing, give specific reasons why a hearing would be appropriate. The holding of such a hearing is at the discretion of the Service Director. III. Permit Applications DEPARTMENT OF THE INTERIOR A. Endangered Species Bureau of Land Management Applicant: Kyle Wildlife, Pipe Creek, TX; PRT-828861 [LLWYD01000–2009–LL13100000–NB0000– LXSI016K0000] The applicant requests reissuance of their permit authorizing interstate and foreign commerce, export, and cull of excess male barasingha (Cervus duvauceli) from their captive herd for the purpose of enhancement of the survival of the species. This notice covers activities conducted under this permit for a period of 5 years. Multiple Applicants The following applicants each request a permit to import the sport-hunted trophy of one male bontebok (Damaliscus pygargus pygargus) culled from a captive herd maintained under the management program of the Republic of South Africa, for the purpose of enhancement of the survival of the species. Applicant: James Hubbard, Alto, TX; PRT-08600A Applicant: Robert Wegner, Sparks, NV; PRT-03156A B. Endangered Marine Mammals and Marine Mammals Applicant: Seattle Aquarium, Seattle, WA; PRT-10236A The applicant requests a permit to import biological samples from northern sea otters (Enhydra lutris kenyoni) in Canada for the purpose of scientific research. This notification covers activities to be conducted by the applicant over a 1–year period. Applicant: U.S. Geological Survey, Alaska Science Center, Anchorage, AK; PRT-690038 The applicant requests an amendment to the permit to increase in the number of takes of polar bears (Ursus maritimus) and to conduct low-level aerial surveys for the purpose of scientific research. This notification covers activities to be conducted by the applicant over the remainder of the 5–year period for which the permit would be valid. Concurrent with publishing this notice in the Federal Register, we are forwarding copies of the above applications to the Marine Mammal Commission and the Committee of Scientific Advisors for their review. Dated: July 30, 2010 Brenda Tapia, Program Analyst, Branch of Permits, Division of Management Authority. [FR Doc. 2010–19375 Filed 8–5–10; 8:45 am] BILLING CODE S VerDate Mar<15>2010 16:35 Aug 05, 2010 Jkt 220001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 Notice of Reestablishment of the Pinedale Anticline Working Group, Wyoming Bureau of Land Management, Interior. ACTION: Notice. AGENCY: This notice is published in accordance with Section 9(a)(2) of the Federal Advisory Committee Act of 1972 (Pub. L. 92–463). Notice is hereby given that the Secretary of the Interior (Secretary) has reestablished the Bureau of Land Management’s (BLM) Pinedale Anticline Working Group (PAWG). FOR FURTHER INFORMATION CONTACT: Allison Sandoval, BLM Advisory Committee Lead (600), Bureau of Land Management, 1620 L Street, NW., MS– LS–401, Washington, DC 20036, telephone (202) 912–7434. SUPPLEMENTARY INFORMATION: The purpose of the PAWG is to develop recommendations and provide advice to the BLM Field Manager on monitoring and mitigation issues pertinent to oil and gas development in the Pinedale Anticline Project Area. Certification Statement: I hereby certify that the reestablishment of the PAWG is necessary and in the public interest in connection with the Secretary’s responsibilities to manage the lands, resources, and facilities administered by the BLM. SUMMARY: Dated: August 3, 2010. Ken Salazar, Secretary of the Interior. [FR Doc. 2010–19468 Filed 8–5–10; 8:45 am] BILLING CODE 4310–22–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under Comprehensive Environmental Response, Compensation and Liability Act Notice is hereby given that on August 2, 2010 a proposed Consent Judgment in United States v. B.C.F. Oil Refining Inc., et al., No. CV–05–0562, was lodged with the United States District Court for the Eastern District of New York. The complaint was filed against B.C.F. Oil Refining Inc. (‘‘B.C.F.’’) and Cary Fields on behalf of the Environmental Protection Agency (‘‘EPA’’) pursuant to Section 107(a) of the Comprehensive Environmental E:\FR\FM\06AUN1.SGM 06AUN1 sroberts on DSKD5P82C1PROD with NOTICES Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Notices Response, Compensation and Liability Act of 1980 (‘‘CERCLA’’), as amended, 42 U.S.C. 9607(a), in connection with the B.C.F. Oil Refining Superfund Site located at 360–362 Maspeth Avenue in Brooklyn, New York in Kings County, New York (‘‘Site’’). The United States alleged that Cary Fields was liable as an operator of the Site. The United States also filed a claim against the Site property pursuant to Section 107(l) of CERCLA, 42 U.S.C. 9607(l). The claims of the United States with respect to B.C.F. and the Site property were resolved through a Stipulation and Order Determining Liability Against Defendant B.C.F. Oil Refining Inc., entered by the Court on April 7, 2006. The Court entered judgment in favor of the United States and against B.C.F. on August 15, 2007. The proposed Consent Judgment resolves claims of the United States on behalf of EPA under CERCLA in connection with the Site, pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a), against Cary Fields (‘‘Settling Defendant’’). The Consent Judgment requires Settling Defendant to pay to the United States the total sum of $1,500,000 in payment for EPA’s past response costs in connection with a removal action at the Site and accrued interest. The proposed Consent Judgment provides that Settling Defendant is entitled to contribution protection as provided by Section 113(f)(2) of CERCLA, 42 U.S.C. 9613(f)(2) for matters addressed by the settlement. The Department of Justice will receive for a period of 30 days from the date of this publication comments relating to the proposed Consent Judgment. 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. B.C.F. Oil Refining Inc., et al., No. CV–05–0562 (E.D.N.Y.), D.J. Ref. 90–11–3–07172. The proposed Consent Judgment may be examined at the Office of the United States Attorney, Eastern District of New York, 271 Cadman Plaza East, 7th Fl., Brooklyn, New York 11201, and at the United States Environmental Protection Agency, Region II, 290 Broadway, New York, New York 10007–1866. During the public comment period, the proposed Consent Judgment may also be examined on the following Department of Justice Web site, https:// www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the VerDate Mar<15>2010 16:35 Aug 05, 2010 Jkt 220001 proposed Consent Judgment 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 $3.25 (25 cents per page reproduction cost), payable to the U.S. Treasury. Maureen Katz, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2010–19443 Filed 8–5–10; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree With Hoosier Energy Rural Electric Cooperative, Inc. Under The Clean Air Act Pursuant to 28 CFR 50.7, notice is hereby given that on July 23, 2010, a proposed Consent Decree in United States of America et al. v. Hoosier Energy Rural Electric Cooperative, Inc., (‘‘Hoosier’’), Civil Action No. 1:10–cv– 0935–LJM–TAB, was lodged with the United States District Court for the Southern District of Indiana. In this civil enforcement action under the federal Clean Air Act (‘‘Act’’), the United States and the State of Indiana allege that Hoosier—an electric utility— failed to comply with certain requirements of the Act intended to protect air quality. The complaint alleges that Hoosier violated the Prevention of Significant Deterioration (‘‘PSD’’) and Title V provisions of the Act, 42 U.S.C. 7401–7671 et seq., and related state and federal implementing regulations, at the Merom Generating Station, a coal-fired power plant in Sullivan County, Indiana. The alleged violations arise from the construction of modifications at the power plant and operation of the plant in violation of PSD and Title V requirements. The complaint alleges that Hoosier failed to obtain appropriate permits and failed to install and apply required pollution control devices to reduce emissions of various air pollutants. The complaint seeks both injunctive relief and civil penalties. The proposed Decree lodged with the Court addresses the Merom Station as well as Hoosier’s Ratts Generating Station, a coal-fired power plant located in Pike County, Indiana. The proposed Decree requires installation, upgrading, PO 00000 Frm 00105 Fmt 4703 Sfmt 9990 47627 and operation of certain pollution control devices at the Merom and Ratts plants on a schedule running through 2013. The settlement will reduce emissions of sulfur dioxide (‘‘SO2’’), nitrogen oxides (‘‘NOX’’), particular matter (‘‘PM’’), and sulfuric acid mist through emission control requirements and limitations specified by the proposed Decree. Hoosier will also fund environmental projects at a cost of at least $5 million to mitigate the alleged adverse effects of its past violations, and will pay a civil penalty of $950,00. 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 v. Hoosier Energy Rural Electric Cooperative, Inc., D.J. Ref. 90–5–2–1– 09864. The Consent Decree may be examined at the Office of the United States Attorney for the Southern District of Indiana, located at 10 W. Market Street, Suite 2100, Indianapolis, Indiana 46204; or at U.S. EPA Region 5, 77 W. Jackson Blvd., Chicago, Illinois 60604–4590. 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 $22.00 (25 cents per page reproduction cost) payable to the U.S. Treasury. Maureen Katz, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2010–19362 Filed 8–5–10; 8:45 am] BILLING CODE 4410–15–P E:\FR\FM\06AUN1.SGM 06AUN1

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Department of Justice

[Federal Register Volume 75, Number 151 (Friday, August 6, 2010)]
[Notices]
[Pages 47626-47627]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19443]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under Comprehensive 
Environmental Response, Compensation and Liability Act

    Notice is hereby given that on August 2, 2010 a proposed Consent 
Judgment in United States v. B.C.F. Oil Refining Inc., et al., No. CV-
05-0562, was lodged with the United States District Court for the 
Eastern District of New York.
    The complaint was filed against B.C.F. Oil Refining Inc. 
(``B.C.F.'') and Cary Fields on behalf of the Environmental Protection 
Agency (``EPA'') pursuant to Section 107(a) of the Comprehensive 
Environmental

[[Page 47627]]

Response, Compensation and Liability Act of 1980 (``CERCLA''), as 
amended, 42 U.S.C. 9607(a), in connection with the B.C.F. Oil Refining 
Superfund Site located at 360-362 Maspeth Avenue in Brooklyn, New York 
in Kings County, New York (``Site''). The United States alleged that 
Cary Fields was liable as an operator of the Site. The United States 
also filed a claim against the Site property pursuant to Section 107(l) 
of CERCLA, 42 U.S.C. 9607(l). The claims of the United States with 
respect to B.C.F. and the Site property were resolved through a 
Stipulation and Order Determining Liability Against Defendant B.C.F. 
Oil Refining Inc., entered by the Court on April 7, 2006. The Court 
entered judgment in favor of the United States and against B.C.F. on 
August 15, 2007.
    The proposed Consent Judgment resolves claims of the United States 
on behalf of EPA under CERCLA in connection with the Site, pursuant to 
Section 107(a) of CERCLA, 42 U.S.C. 9607(a), against Cary Fields 
(``Settling Defendant''). The Consent Judgment requires Settling 
Defendant to pay to the United States the total sum of $1,500,000 in 
payment for EPA's past response costs in connection with a removal 
action at the Site and accrued interest.
    The proposed Consent Judgment provides that Settling Defendant is 
entitled to contribution protection as provided by Section 113(f)(2) of 
CERCLA, 42 U.S.C. 9613(f)(2) for matters addressed by the settlement.
    The Department of Justice will receive for a period of 30 days from 
the date of this publication comments relating to the proposed Consent 
Judgment. 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. B.C.F. Oil Refining Inc., et al., No. CV-05-0562 
(E.D.N.Y.), D.J. Ref. 90-11-3-07172.
    The proposed Consent Judgment may be examined at the Office of the 
United States Attorney, Eastern District of New York, 271 Cadman Plaza 
East, 7th Fl., Brooklyn, New York 11201, and at the United States 
Environmental Protection Agency, Region II, 290 Broadway, New York, New 
York 10007-1866. During the public comment period, the proposed Consent 
Judgment may also be examined on the following Department of Justice 
Web site, https://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of 
the proposed Consent Judgment 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 $3.25 
(25 cents per page reproduction cost), payable to the U.S. Treasury.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2010-19443 Filed 8-5-10; 8:45 am]
BILLING CODE 4410-15-P

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