Federal Register / Vol. 71, No.
124 / Wednesday, June 28, 2006 / Notices 36827
page reproduction cost) payable to the
United States Treasury for payment.
Robert Maher,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 06–5766 Filed 6–27–06; 8:45 am]
BILLING CODE 4410–15–M
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Comprehensive
Environmental Response,
Compensation, and Liability Act
The United States Department of
Justice is re-issuing this notice because
of a typographical error in the original
notice, which was published on June 7,
2006 (71 FR 33001). The original notice
mis-stated the amount to be paid by PPG
Industries, Inc. under one of the two
proposed consent decrees. This
republication does not alter the public
comment period, which remains a
thirty-day period beginning June 7,
2006.
Under 42 U.S.C. 9622(d)(2),
9622(g)(12) and 28 CFR 50.7, notice is
hereby given that on May 26, 2006, two
proposed Consent Decrees in United
States v. Industrial Excess Landfill, Inc.,
Civil Action Number 5:89–CV–1988
(consolidated with State of Ohio v.
Industrial Excess Landfill, Inc., Civil
Action Number 5:91–CV–2559), were
lodged with the United States District
Court for the Northern District of Ohio.
The first Consent Decree resolves
claims against PPG Industries, Inc.
(‘‘PPG’’), brought by the United States
on behalf of the Environmental
Protection Agency (‘‘EPA’’) under
section 107 of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(‘‘CERCLA’’), 42 U.S.C. 9607, for
response costs incurred and to be
incurred by the United States in
responding to the release and threatened
release of hazardous substances at the
Industrial Excess Landfill Superfund
Site (‘‘Site’’) in Uniontown, Ohio. Under
its Consent Decree, PPG will pay the
United States $752,500 in
reimbursement of response costs.
The second Consent Decree resolves
claims against Morgan Adhesives Co.
(‘‘Morgan’’), brought by the United
States on behalf of the Environmental
Protection Agency under section 107 of
CERCLA, 42 U.S.C. 9607, for response
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costs incurred and to be incurred by the
United States in responding to the
release and threatened release of
hazardous substances at the Site, as well
as CERCLA and other claims related to
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the Site brought against Morgan by the
State of Ohio. Under its Consent Decree,
Morgan will pay the United States
$334,016 in reimbursement of response
costs and will pay the State of Ohio
$15,984 in reimbursement of response
costs.
Both Consent Decrees are de minimis
settlements pursuant to section
122(g)(1)(A) of CERCLA, 42 U.S.C.
9622(g)(1)(A). Under the respective
Consent Decree, the United States
covenants not to sue PPG, and the
United States and the State of Ohio
covenant not to sue Morgan, regarding
the Site, subject to reservations of rights
should information be discovered which
indicates that a settling defendant no
longer qualifies as a de minimis party,
as well as reservations commonly
included in CERCLA settlements of all
rights with respect to certain other
claims.
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, P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to United
States v. Industrial Excess Landfill, Inc.,
DOJ Ref. #90–11–3–247/2.
Each Consent Decree may be
examined at the Office of the United
States Attorney, Northern District of
Ohio, 801 West Superior Avenue, Suite
400, Cleveland, Ohio 44113, and the
Region 5 Office of the Environmental
Protection Agency, 77 W. Jackson Blvd.,
Chicago, Illinois 60604. During the
public comment period, each Consent
Decree may also be examined on the
following Department of Justice Web
site: http://www.usdoj.gov/enrd/
open.html.
A copy of each 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 specify whether requesting the
PPG Consent Decree, the Morgan
Consent Decree, or both, and please
enclose a check payable to the U.S.
Treasury in the amount of $5.50 for the
PPG Consent Decree, $6.25 for the
Morgan Consent Decree, or $11.75 for
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both Consent Decrees (for reproduction
costs of 25 cents per page).
William D. Brighton,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 06–5769 Filed 6–27–06; 8:45 am]
BILLING CODE 4410–15–M
DEPARTMENT OF JUSTICE
Notice of Lodging of Stipulation of
Settlement and Judgment under the
Resource Conservation and Recovery
Act, Clean Air Act, Clean Water Act,
and the Comprehensive Environmental
Response, Compensation, and Liability
Act
Under 28 CFR 50.7, notice is hereby
given that on June 6, 2006, a proposed
Stipulation of Settlement and Judgment
in United States et al., v. Marine Shale
Processors, Inc., et al., Civil Action No.
90–1240 was lodged with the United
States District Court for the Western
District of Louisiana.
In this action the United States and
the Louisiana Department of
Environmental Quality (‘‘LDEQ’’) sought
civil penalties and injunctive relief
under section 3008(a) of the Resource
Conservation and Recovery Act
(‘‘RCRA’’); civil penalties under section
113(b) of the Clean Air Act and section
309(b) of the Clean Water Act; and
reimbursement for response costs
incurred or to be incurred under section
107 of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(‘‘CERCLA’’) regarding contaminated
facilities owned and operated by Marine
Shale Processors, Inc. (‘‘Marine Shale’’)
and Recycling Park Inc. (‘‘Recycling
Park’’) located in Amelia, Louisiana. 33
U.S.C. 1319(b), 42 U.S.C. 6928(a),
7413(b), 9607.
Under the proposed Stipulation of
Settlement and Judgment, the Court will
center a $6.2 million judgment for
penalties, in favor of the United States
and LDEQ, against Marine Shale and
Recycling Park. A separate $6.2 million
in proceeds from Marine Shale will be
transferred to LDEQ for the closure and
remediation of the contamination at the
Marine Shale and Recycling Park
facilities. An additional $850,000 letter
of credit posted by Marine Shale will
also be transferred to LDEQ and used for
the cleanup of the Marine Shale and
Recycling Park facilities. In addition,
Marine Shale, Recycling Park, and John
Kent, Sr., the owner of the two
companies, are prohibited from owning
or controlling a majority interest in or
participating in the management of any
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 36828 Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Notices
business involved in waste management
or recycling. The three parties are also
required to provide access as required
for investigation, closure and
remediation at the Marine Shale and
Recycling Park facilities and agree to a
number of institutional controls and
deed restrictions necessary to assure the
implementation and effectiveness of the
remedial actions to be taken at the
facilities. After EPA LDEQ certify that
the cleanups at the Marine Shale and
Recycling Park facilities have been
completed, the governments have the
option of receiving the proceeds from
the sale of the properties to satisfy the
civil penalty judgment. The Department
of Justice will receive for a period of
thirty (30) days from the date of this
publication comments relating to the
Stipulation of Settlement and Judgment.
Comments should be addressed to the
Assistant Attorney General,
Environment and Natural Resources
Division, P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to United
States v. Marine Shale Processors, et al.,
D.J. Ref. No. 90–11–2–204. A public
hearing will be held regarding the
proposed settlement at 7 p.m. on July
19, 2006, at the Morgan City Municipal
Auditorium, 705 Myrtle Street, Morgan
City, Louisiana.
The Stipulation of Settlement and
Judgment may be examined during the
public comment period on the following
Department of Justice Web site: http://
www.usdoj.gov/enrd/open.html. A copy
of the Stipulation of Settlement and
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 $32.75 (25 cents per
page reproduction cost) payable to the
U.S. Treasury.
Thomas A. Mariani, Jr.,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 06–5768 Filed 6–27–06; 8:45 am]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Two Consent
Decrees Under the Comprehensive
Environmental Response,
Compensation and Liability Act of 1980
Consistent with 28 CFR 50.7 and 42
U.S.C. 9622(d), notice is hereby given
that on June 13, 2006, two proposed
consent decrees in United States v. Olin
Corporation, et al., Civil Action No.
3:06CV914 (SRU), were lodged with the
United States District Court for the
District of Connecticut.
In this action, the United States seeks
recovery of costs pursuant to section
107(a) of the Comprehensive
Environmental Response, Compensation
and Liability Act of 1980, as amended,
42 U.S.C. 9607(a), related to the Rosem
Superfund Removal Site and the Bryden
& Morse Superfund Removal Site. The
first proposed consent decree, between
the United States, the South Central
Connecticut Regional Water Authority,
the Town of Hamden, Connecticut, and
the State of Connecticut Board of
Education (‘‘Decree’’), recovers
$140,000. The second proposed consent
decree, between the United States and
Olin Corporation (‘‘Olin Decree’’),
recovers $110,000.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to the Decree and the Olin
Decree. Comments should be addressed
to the Assistant Attorney General,
Environment and Natural Resources
Division, P.O. Box 7611, Ben Franklin
Station, U.S. Department of Justice,
Washington, DC 20044–7611, and
should refer to United States v. Olin
Corporation, et al., D.J. Ref. 90–11–3–
08075.
The Decree and Olin Decree may be
examined at the Office of the United
States Attorney, 450 Main Street, Room
328, Hartford, Connecticut 06103, and at
the U.S. Environmental Protection
Agency—Region 1, JFK Federal
Building, Boston, MA 02203–2211.
During the public comment period, the
Decree and Olin Decree may also be
examined on the following Department
of Justice Web site, http://
www.usdoj.gov/enrd/open.html. A copy
of the Decree and Olin Decree may also
be obtained by mail from the Consent
Decree Library, P.O. Box 7611, Ben
Franklin Station, 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
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in the amount of $15.75 (25 cents per
page reproduction cost) payable to the
U.S. Treasury.
Ronald Gluck,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. 06–5771 Filed 6–27–06; 8:45 am]
BILLING CODE 4410–15–M
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Clean Air Act
Under 28 CFR 50.7, notice is hereby
given that on June 21, 2006, a proposed
Consent Decree in United States v. S.D.
Warren Company d/b/a/ Sappi Fine
Paper North America, Civil Action No.
1:06–CV–437 (W.D. Mich.) was lodged
with the United States District Court for
the Western District of Michigan.
The Consent Decree addresses alleged
violations of the Clean Air Act, 42
U.S.C. 7401–7671q, at a kraft pulp mill
in Muskegon, Michigan that is owned
and operated by S.D. Warren Company
d/b/a/ Sappi Fine Paper North America
(the ‘‘Defendant’’). More specifically,
the United States alleges that the
Defendant failed to comply with
multiple Clean Air Act requirements
applicable to the recovery furnace at the
Muskegon Mill before the Defendant
deactivated that recovery furnace in
August 2005.
The proposed Consent Decree
between the United States and the
Defendant would require the Defendant
to; (1) Pay a $586,106 civil penalty for
alleged past violations of the Clean Air
Act, (2) comply fully with Clean Air Act
requirements applicable to the
Muskegon Mill recovery furnace if the
Defendant reactivates the recovery
furnace; and (3) report to the U.S.
Environmental, Protection Agency on
the status of the recovery furnace.
The Department of Justice will receive
comments relating to the Consent
Decree for a period of thirty (30) days
from the date of this publication.
Comments should be addressed to the
Assistant Attorney General,
Environment and Natural Resources
Division, P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to United
States v. S.D. Warren Company d/b/a
Sappi Fine Paper North America, Civil
Action No. 1:06–CV–437 (W.D. Mich.)
and D.J. Ref. No. 90–5–2–1–08442.
The Consent Decree may be examined
at: (1) The offices of the United States
Attorney, 330 Ionia Avenue, NW., Suite
501, Grand Rapids, Michigan (contact
Michael Shiparski (616–456–2404)); and
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