[Federal Register Volume 63, Number 212 (Tuesday, November 3, 1998)]
[Notices]
[Pages 59329-59330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29400]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that a consent decree in United States v. Air Products and 
Chemicals, Inc., et al., Civil Action No. 97-CV-

[[Page 59330]]

0674 (E.D. Pa), was lodged on October 23, 1998, with the United States 
District Court for the Eastern District of Pennsylvania. The consent 
decree resolves the claims of the United States under Sections 107(a) 
and 113(g) of the Comprehensive Environmental Response, Compensation, 
and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9607(a) and 
9613(g), for reimbursement of response costs incurred by the U.S. 
Environmental Protection Agency (``EPA'') with respect to the Novak 
Sanitary Landfill Superfund Site in South Whitehall Township, Lehigh 
County, Pennsylvania. The consent decree also includes a covenant not 
to sue by the United States under Section 7003 of the Resource 
Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973. The consent 
decree obligates the Settling Defendants to pay a total of 
$1,035,931.72 to settle this action. This amount constitutes 87 percent 
of EPA's outstanding past costs incurred through January 9, 1998. The 
Settling Defendents remain potentially liable for all response costs 
incurred after January 9, 1998. The Owner Settling Defendant also has 
agreed to provide access to both EPA and private parties that are 
performing cleanup pursuant to an EPA administrative order for remedial 
design/remedial action.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed consent decree. Comments should be addressed to the Assistant 
Attorney General for the Environment and Natural Resources Division, 
U.S. Department of Justice, Washington, D.C. 20530, and should refer to 
United States v. Air Products and Chemicals, Inc., et al., DOJ Ref. 
#90-11-2-976B. Commenters may request an opportunity for public meeting 
in the affected area, in accordance with Section 7003(d) of RCRA.
    The proposed consent decree may be examined at the office of the 
United States Attorney, 616 Chestnut Street, Philadelphia, Pennsylvania 
19106; the Region III Office of the Environmental Protection Agency, 
1650 Arch Street, Philadelphia, PA: and at the Consent Decree Library, 
1120 G Street, NW, 3rd Floor, Washington, D.C. 20005, (202) 624-0892. A 
copy of the consent decree may be obtained in person or by mail from 
the Consent Decree Library, 1120 G Street, NW, 3rd Floor, Washington, 
D.C. 20005. In requesting a copy please refer to the referenced case 
and enclose a check in the amount of $38.25 (25 cent per page 
reproduction cost), payable to the Consent Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment & Natural 
Resources Division.
[FR Doc. 98-29400 Filed 11-2-98; 8:45 am]
BILLING CODE 4410-15-M