[Federal Register Volume 68, Number 195 (Wednesday, October 8, 2003)]
[Notices]
[Page 58141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25553]


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DEPARTMENT OF JUSTICE


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

    In accordance with 28 U.S.C. 50.7 and Section 122 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA''), 42 U.S.C. 9622, notice is hereby given that on September 
25, 2003, a proposed Consent Decree in United States v. Horsehead 
Industries, Inc. et al., Civil Action No. 3:CV-98-0654, was lodged with 
the United States District Court for the Middle District of 
Pennsylvania.
    In this action, the United States sought under Section 107 and 113 
of CERCLA, 42 U.S.C 9607 and 9613, to recover past and future response 
costs incurred by EPA at the Palmerton Zinc Pile Superfund Site 
(``Site'') located in and around the Borough of Palmerton, Carbon 
County, Pennsylvania.
    The Site consists of a broad area impacted by emissions of 
contaminants from zinc smelting and recovery operations. For purposes 
of remediation, EPA divided the Site into four operable units. OU-1 
consists of approximately 2,000 acres of Blue Mountain defoliated by 
heavy metals and other airborne contaminants. A portion of the area 
within OU-1 overlaps the Appalachian Trail and is owned and managed by 
the Department of the Interior (``DOI'') through the National Park 
Service (``NPS''). OU-2 consists of an approximately 2\1/2\ mile long, 
ten story high, ``Cinder Bank'' which is composed of smelting residues 
and other zinc processing byproducts deposited along the base of Blue 
Mountain. OU-3 consists of soil contamination in the valley between 
Blue Mountain and Stoney Ridge, which includes the Borough of Palmerton 
itself. OU-4 consists primarily of area-wide surface water and 
groundwater contamination.
    The proposed Consent Decree requires Settling Defendants to pay 
approximately $12.85 million in reimbursement of past response costs 
incurred by EPA. In addition, Settling Defendant agree to implement the 
remedial actions at OU-1 and OU-3, and to perform the operation and 
maintenance activities at OU-2, at a projected costs of $27 million. 
Settling Defendants also agree to pay DOI $700,000 for past and future 
costs related to OU-1. Finally, Settling Defendants agree to dismiss 
counterclaims that they filed against the United States under Sections 
107 and 113 of CERCLA. The United States reserves all rights to pursue 
additional actions against the Settling Defendants with respect to the 
portions of the Site not addressed in this settlement.
    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. Horsehead Industries, Inc. et al., D.J Ref. 90-11-2-
271m.
    The Consent Decree may be examined at the Office of the United 
States Attorney for the Middle District of Pennsylvania, Federal 
Courthouse Building, 228 Walnut Street, Suite 220, Harrisburg, PA 
17108, and at U.S. EPA Region III, U.S. Environmental Protection 
Agency, 1650 Arch Street, Philadelphia, PA 19103-2029. During the 
public comment period, the Consent Decree, may also be examined on the 
following Department of Justice Web site, http://www.usdoj.gov/enrd/open.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 ([email protected]), fax no. (202) 514-0097, 
phone confirmation number (202) 514-1547. In requesting a copy of the 
Consent Decree from the Consent Decree Library, please enclose a check 
in the amount of $33.50 (25 cents per page reproduction cost) payable 
to the U.S. Treasury. Copies of the appendices to the Consent Decree 
are also available at an additional charge of 25 cents per page.

Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 03-25553 Filed 10-7-03; 8:45 am]
BILLING CODE 4410-15-M