[Federal Register Volume 70, Number 178 (Thursday, September 15, 2005)]
[Notices]
[Pages 54570-54571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18296]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Supplemental Consent Decree to First Round 
De Minimis Consent Decree Under the Comprehensive Environmental 
Response, Compensation and Liability Act

    Notice is hereby given that on August 31, 2005, a proposed 
Supplemental Consent Decree to the First Round De Minimis Consent 
Decree in United States v. Chevy Chase Cars, Inc., et al., Civil Action 
No. 05-1222, was lodged with the United States District Court for the 
Western District of Pennsylvania. This Supplemental Consent Decree 
relates to two other matters before the same Court: United States v. 
Allegheny Ludlum Corp., et al., C.A. No. 97-1863 and United States v. 
Aetna, Inc., et al. C.A. No. 05-15. All three matters are Superfund 
cost recovery actions commenced by the United States against 
potentially responsible parties relating to the Breslube Penn Superfund 
Site in Coraopolis, Moon Township, Pennsylvania.
    In the Chevy Chase Car, Inc., et al. action, the United States 
seeks the recovery of response costs incurred in connection with the 
Breslube Penn Superfund Site. The complaint alleges that each of the 
named defendants arranged for the treatment and/or disposal of wastes 
containing hazardous substances at the Site, within the meaning of 42 
U.S.C. 9607(a)(3). The complaint names 22 defendants, each of which 
have signed the proposed Supplemental Consent Decree to the

[[Page 54571]]

First Round De Minimis Consent Decree. Under the Supplemental Consent 
Decree, each of the named defendants would pay a proportionate share of 
all past and future response costs incurred and to be incurred at the 
Site, plus a premium. In return for these payments, each defendant 
would receive a covenant not to sue by the United States, subject to 
certain reservations of rights, and contribution protection from suit 
by other potentially responsible parties. However, because two of the 
settlors/named defendants chose a lower settlement premium with a 
``reopener,'' their liability can be reopened in the event that Site 
future response costs exceed $26 million. The other twenty settlors/
named defendants selected a higher settlement premium, with no 
``reopener'' provision. The total recovery under this Consent Decree 
should be approximately $270,000.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to this 
Supplemental 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. Chevy Chase Cars, Inc., et al., 
D.J. Ref. 90-11-3-1762/2.
    The Chevy Chase Cars, Inc., et al. Consent Decree may be examined 
at the Office of the United States Attorney for Western District of 
Pennsylvania, at 700 Grant Street, Suite 400, Pittsburgh, PA 15219 (ask 
for Jessica Lieber Simolar), and at U.S. EPA Region III's Office, 1650 
Arch Street, Philadelphia, PA (ask for Mary Rugala). During the public 
comment period, the United States v. Chevy Chase Cars, Inc., et al. 
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 from the Consent Decree 
Library, please enclose a check in the amount of $11.00 (25 cents per 
page reproduction cost) for a full copy of the consent decree, or 
$6.50, for a copy without signature pages, payable to the U.S. 
Treasury.

Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 05-18296 Filed 9-14-05; 8:45 am]
BILLING CODE 4410-15-M