[Federal Register Volume 69, Number 249 (Wednesday, December 29, 2004)]
[Notices]
[Page 78046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28536]


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DEPARTMENT OF JUSTICE


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

    Under 28 CFR 50.7, notice is hereby given that on December 14, 
2004, a proposed Consent Decree in United States v. Alcan Aluminum 
Corp., Civil No. 04-1435, was lodged with the United States District 
Court for the Northern District of New York.
    This action concerns the Tri Cities Barrel Superfund Site (Site), 
which is located in Fenton, New York. In this action, the United States 
asserted claims against Alcan Aluminum Corp: (1) under section 
106(b)(1) of the Comprehensive Environmental Response, Compensation and 
Liability Act (CERCLA), 42 U.S.C. 9606(b)(1), for civil penalties for 
Alcan's failure to comply with an administrative order issued by the 
U.S. Environmental Protection Agency (EPA) which required Alcan to 
participate and cooperate with a group of parties who are performing 
the remedy for the Site under a Remedial Design/Remedial Action consent 
decree; and (2) under section 107(a) of CERCLA, 42 U.S.C. 9607(a), for 
recovery of response costs incurred regarding the Site. The proposed 
consent decree embodies an agreement with Alcan to pay $600,000 of 
EPA's past response costs, to pay 80% of all future response costs, up 
to a $800,000 cap, and to pay a $360,000 civil penalty. The decree 
provides Alcan with a covenant not to sue under sections 106(b)(1) and 
107(a) of CERCLA.
    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. Alcan Aluminum Corp., D.J. No. 90-11-3-1514/2.
    The Consent Decree may be examined at the Office of the United 
States Attorney, 445 Broadway, Albany, NY 12207, and at the Region II 
Office of the U.S. Environmental Protection Agency, Region II Records 
Center, 290 Broadway, 17th Floor, New York, NY 10007-1866. During the 
public comment period, the Consent Decree also may 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 from the 
Consent Decree Library, please enclose a check in the amount of $5.00 
(25 cents per page reproduction cost) payable to the U.S. Treasury.

Catherine R. McCabe,
Deputy Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 04-28536 Filed12-28-04; 8:45 am]
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