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78466 Federal Register / Vol. 71, No.

250 / Friday, December 29, 2006 / Notices

States Attorney, Middle District of date of this publication comments comments relating to the proposed
Georgia, Cherry St. Galleria, 4th Floor, relating to the Consent Decree. consent decree. Comments should be
433 Cherry St., Macon, GA 31201 ((478) Comments should be addressed to the addressed to the Assistant Attorney
752–3511, and at U.S. EPA Region 4, Assistant Attorney General, General, Environmental and Natural
Atlanta Federal Center, 61 Forsyth Environment and Natural Resources Resources Division, P.O. Box 7611, U.S.
Street, SW., Atlanta, Georgia 30303 Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC
(contact Bonnie Sawyer, Esq. (404) 562– Department of Justice, Washington, DC 20044–7611, and should refer to United
9539). During the public comment 20044–7611, and should refer to United States v. Cook Development
period, the Partial Consent Decree may States. v. Ashland, Inc. D.J. Ref. 90–11– Corporation, Birch Creek Construction,
also be examined on the following 3–1686. The Consent Decree may be Inc., DOJ Ref. 90–5–2–1–08803.
Department of Justice Web site, http:// examined at the Office of the United The proposed consent decree may be
www.usdoj.gov/enrd/ States Attorney, District of Kansas, Suite examined at the office of the the United
Consent_Decrees.html. a copy of the 1200, 301 No. Main Street, Wichita, States Attorney, 1000 SW Third
Partial Consent Decree may also be Kansas. During the public comment Avenue, Suite 600, Portland, OR 97204–
obtained by mail from the Consent period, the Consent Decree may also be 2902 and at U.S. EPA Region 10, 1200
Decree Library, U.S. Department of examined on the following Department Sixth Avenue, Seattle, WA 98101.
Justice, P.O. Box 7611, Washington, DC of Justice Web site, to http:// During the comment period, the consent
20044–7611 or by faxing or e-mailing a www.usdoj.gov/enrd/ decree may be examined on the
request to Tonia Fleetwood Consent_Decrees.html. A copy of the following Department of Justice Web
(tonia.fleetwood@usdoj.gov), fax no. Consent Decree may also be obtained by site to http://www.usdoj.gov/enrd/
(202) 514–0097, phone confirmation mail from the Consent Decree Library, Consent_Decrees.html/. A copy of the
number (202) 514–1547. In requesting a P.O. Box 7611, U.S. Department of consent decree also may be obtained by
copy from the Consent Decree Library, Justice, Washington, DC 20044–7611 or mail from the Consent Decree Library,
please refer to United States v. by faxing or e-mailing a request to Tonia P.O. Box 7611, U.S. Department of
American Cyanamid, et al., (M.D. Ga.) Fleetwood (tonia.fleetwood@usdoj.gov), Justice, Washington, DC 20044–7611 or
(Partial Consent Decree with Colgate- fax no. (202) 514–0097, phone by faxing or e-mailing a request to Tonia
Palmolive Company, DOJ Ref. No. 90– confirmation number (202) 514–1547. In Fleetwood (tonia.fleetwood@usdoj.gov),
11–3–07602), and enclose a check in the requesting a copy for the Consent fax no. (202) 514–0097, phone
amount of $5.50 (25 cents per page Decree Library, please enclose a check confirmation number (202) 514–1547. In
reproduction cost) payable to the U.S. in the amount of $9.00 (25 cents per requesting a copy, please enclose a
Treasury or, if by e-mail or fax, forward page reproduction cost) payable to the check in the amount of $3.75 for United
a check in that amount to the Consent U.S. Treasury or, if by e-mail or fax, States v. Cook Development
Decree Library at the stated address. forward a check in that amount to the Corporation, Birch Creek Construction,
Henry S. Friedman, Consent Decree Library at the stated Inc., (25 cents per page reproduction
Assistant Section Chief, Environmental address. cost) payable to the U.S. Treasury.
Enforcement Section, Environment and Robert E. Maher, Jr., Robert E. Maher, Jr.,
National Resources Division.
Assistant Section Chief, Environmental Assistant Section Chief, Environmental
[FR Doc. 06–9920 Filed 12–28–06; 8:45 am] Enforcement Section, Environment and Enforcement Section.
BILLING CODE 4410–15–M Natural Resources Division. [FR Doc. 06–9922 Filed 12–28–06; 8:45 am]
[FR Doc. 06–9919 Filed 12–28–06; 8:45 am] BILLING CODE 4410–15–M
BILLING CODE 4410–15–Mt
DEPARTMENT OF JUSTICE
Notice of Lodging of a Consent Decree DEPARTMENT OF JUSTICE
Under the Comprehensive DEPARTMENT OF JUSTICE
Environmental Response, Notice of Lodging of Consent Decree
Notice of Lodging of Consent Decree Under the Comprehensive
Compensation and Liability Act
Pursuant to the Comprehensive Environmental Response,
Notice is hereby given that on Environmental Response, Compensation, and Liability Act of
December 21, 2006 a proposed Consent Compensation, and Liability Act 1980, as Amended (‘‘CERCLA’’)
Decree ‘‘Consent Decree’’ in United
States v. Ashland Inc. et. al, Civil In accordance with Departmental Pursuant to 28 CFR 50.7, notice is
Action No. 06–1378 was lodged with policy, 28 CFR 50.7, notice is hereby hereby given that on December 14, 2006,
the United States District Court for the given that a proposed consent decree in a proposed consent decree in United
District of Kansas. United States v. Cook Development States and California Department of
In this action the United States sought Corporation, Birch Creek Construction, Toxic Substances Control v. Union
recovery of costs incurred by the Inc., Civil Action No. 06–CV–617–AS, Pacific Railroad Co., Civil Action No.
Environmental Protection Agency in was lodged on December 20, 2006 with 2:06–CV–2841–FCD–KJM, was lodged
responding to the release and threat of the United States District Court for the with the United States District Court for
release of hazardous substances at the District of Oregon. Under this consent the Eastern District of California.
Chemical Commodities Inc. Superfund Decree, the Settling Defendant is This Consent Decree will resolve
Site in Olathe, Johnson County, Kansas. required by pay $30,000 in penalty and claims asserted by the United States and
Under the Consent Decree, the implementation of a compliance the California Department of Toxic
Defendants and Settling Federal program for violations of the National Substances Control (‘‘DTSC’’) in a
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Agencies will reimburse the Untied Emissions Standard for Hazardous Air complaint filed contemporaneously
States and each other for the past costs Pollutants relating to asbestos. with the proposed consent decree
incurred through December 31, of 2000. The Department of Justice will against defendant Union Pacific
The Department of Justice will receive receive, for a period of thirty (30) days Railroad Company (‘‘UPRR’’) for past
for a period of thirty (30) days from the from the date of this publication, costs incurred by the U.S.

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Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Notices 78467

Environmental Enforcement Agency page reproduction cost) payable to the carbon adsorption system that will
(‘‘EPA’’) and DTSC at the McCormick U.S. Treasury. consist of no less than two trains of a
and Baxter Superfund Site in Stockton, Henry Friedman, primary and a secondary carbon box
California (‘‘the Site’’), and for Assistant Section Chief, Environmental
operated by series; install and operate a
injunctive and declaratory relief, Enforcement Section, Environment and total hydrocarbon (‘‘THC’’) continuous
pursuant to Sections 106 and 107 of Natural Resources Division. emissions monitor system (‘‘CEMS’’)
CERCLA, 42 U.S.C. 6906, 6907. The [FR Doc. 06–9923 Filed 12–28–06; 8:45 am] between the primary and secondary
complaint alleges that UPRR is liable for BILLING CODE 4410–15–M carbon box in each dual series to
response costs and site cleanup monitor for carbon breakthrough (an
associated with the unlawful disposal of indication that the carbon box is no
hazardous materials at the Site as a DEPARTMENT OF JUSTICE longer effective); and change out the
current owner of the Site, pursuant to primary box whenever CEMS data
CERCLA Section 107(a)(1), and as a Corrected Federal Register Notice shows THCs of 50 ppm or greater on a
person that arranged for the disposal of On December 14, 2006, the Federal 60 minute rolling average. Von Roll will
hazardous substances at the Site, Register notice of the lodging of a pay a civil penalty of $750,000 and, as
pursuant to CERCLA 107(a)(3). Consent Decree under the Clean Air Act a Supplemental Environmental Project,
The proposed Consent Decree and the Resource Conservation and will undertake a household hazardous
provides that UPRR will design and Recovery Act in the matter of United waste collecting project valued at
implement the remedy selected by EPA States v. Von Roll America, Inc., Civil $34,000.
to address contaminated soils at the Action No. 4:06 CV 2893 (N.D. Ohio). The Department of Justice will receive
Site. In addition, UPRR will reimburse The notice contained a typographical for a period of thirty (30) days from the
$1 million of EPA’s past response costs error. It stated that as part of the date of this publication comments
and $900,000 of DTSC’s past response settlement, the defendant would change relating to the Consent Decree.
out the primary box in its new carbon
costs at the Site. Comments should be addressed to the
absorption system whenever
The Department of Justice will receive Assistant Attorney General,
Continuous Emissions Monitoring
for a period of thirty (30) days from the Systems data showed ‘‘THCs of 5 ppm Environmental and Natural Resources
date of this publication comments of greater on a 60 minute rolling Division, P.O. Box 7611, U.S.
relating to the consent decree. average.’’ Instead of ‘‘5 ppm,’’ the notice Department of Justice, Washington, DC
Comments should be addressed to the should have said ‘‘50 ppm.’’ The 20044–7611, and should refer to United
Assistant Attorney General, complete notice, as corrected, is set out States Von Roll America, Inc., D.J. Def.
Environment and Natural Resources below. No. 90–5–2–1–08743.
Division, P.O. Box 7611, U.S. In light of the error, the Department The Consent Decree may be examined
Department of Justice, Washington, DC of Justice will receive comments relating at the Office of the United States
20044–7611, and should refer to United to the Consent Decree for an additional Attorney, 2 South Main St., Rm. 208,
States and California Department of fifteen (15) days from the date of this Akron, Ohio 44308, and a U.S. EPA
Toxic Substances Control v. Union publication beyond the initial thirty (30) Region 5, 77 W. Jackson St., Chicago, IL
days set forth below in the original
Pacific Railroad Co., D.J. Ref. #90–11–3– 60604. During the public comment
notice.
07886. period, the Consent Decree may also be
The consent decree may be examined Notice of Lodging of Consent Decree examined on the following Department
at the Office of the United States Under the Clean Air Act and the of Justice Web site: http://
Resource Conservation and Recovery www.usdoj.gov/enrd/
Attorney for the Eastern District of
Act Consent_Decrees.html. A copy of the
California, 501 I Street, 10th Floor,
Sacramento, CA, and at U.S. EPA Under 28 CFR 50.7, notice is hereby Consent Decree may also be obtained by
Region 4, Office of Regional Counsel, 61 given that on December 1, 2006, a mail from the Consent Decree Library,
Forsyth Street, Atlanta, GA. During the proposed Consent Decree (‘‘Consent P.O. Box 7611, U.S. Department of
public comment period, the consent Decree’’) in the matter of United States Justice, Washington, DC 20044–7611, or
decree may also be examined on the v. Von Roll America, Inc., Civil Action by faxing or e-mailing a request to Tonia
following Department of Justice Web No. 4:06 CV 2893, was lodged with the Fleetwood (tonia.fleetwood@usdoj.gov),
United States District Court for the fax number (202) 514–0097, phone
site: http://www.usdoj.gov/enrd/
Northern District of Ohio, Eastern confirmation number (202) 514–1547. In
Consent_Decrees.html. A copy of the
Division. requesting a copy from the Consent
consent decree may also be obtained by In the complaint in this matter, the
mail from the Consent Decree Library, Decree Library, please enclose a check
United States sought injunctive relief in the amount of $21.25 (25 cents per
P.O. Box 7611, U.S. Department of and penalties against Von Roll America,
Justice, Washington, DC 20044–7611 or page reproduction costs) payable to the
Inc. (‘‘Von roll’’) for claims arising
by faxing or e-mailing a request to Tonia U.S. Treasury, or, if by e-mail or fax,
under the Clean Air Act, 42 U.S.C. 7401
Fleetwood (tonia.fleetwood@usdoj.gov), et seq., and under the Resource forward a check in that amount to the
fax no. (202) 514–0097, phone Conservation and Recovery Act, 42 Consent Decree Library at the stated
confirmation number (202) 514–1547. In U.S.C. 6901 et seq., in connection with address.
requesting a copy from the Consent the operation of Von Roll’s hazardous William D. Brighton,
Decree Library, please enclose a check waste treatment, storage, and disposal
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Assistant Section Chief, Environmental


in the amount of $44.00 (25 cents per facility located in East Liverpool, Ohio. Enforcement Section, Environmental and
Under the Consent Decree, Von Roll Natural Resources Division.
with: Control waste vapors containing [FR Doc. 06–9921 Filed 12–28–06; 8:45 am]
volatile organic compounds, including
BILLING CODE 4410–15–M
benzene, by installing and operating a

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