[Federal Register Volume 70, Number 211 (Wednesday, November 2, 2005)]
[Notices]
[Pages 66464-66465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21880]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decrees Under the Comprehensive 
Environmental Response, Compensation, and Liability Act and the Solid 
Waste Disposal Act

    Notice is hereby given that the following proposed consent decrees 
relating to the Baldwin Park Operable Unit of the San Gabriel Valley 
Superfund Sites, Areas 1-4, located in and near the cities of Azusa, 
Irwindale, Baldwin Park, and Covina in Los Angeles County, California 
(``BPOU''), were lodged on October 26, 2005, with the United States 
District Court for the Central District of California: (1) United 
States and California Department of Toxic Substances Control (``DTSC'') 
v. Lockheed Martin Corporation, et al., Case No. CV05-7519 GPS (AJWx) 
(C.D. Cal.), (2) United States and DTSC v. Leach International 
Corporation, Case No. CV05-7515 CAS (Ex) (C.D. Cal.), (3) United States 
and DTSC v. Allegiance Healthcare Corporation, et al., Case No. CV05-
7520 DSF (JWJX) (C.D. Cal.), (4) United States v. Phaostron Instrument 
and Electronic Company, Case No. CV05-7522 JFW (SSx) (C.D. Cal.), (5) 
United States v. Azusa Land Reclamation Co., Inc., et al., Case No. 
CV05-7518 MMM (JTLx) (C.D. Cal.), (6) United States v. Aerojet-General 
Corporation, et al., Case No. CV05-7516 PA (JWJx) (C.D. Cal.), and (7) 
United States and DTSC v. White & White Properties, et al., Case No. 
CV05-7521 GHK (PLAx) (C.D. Cal.).
    The first four consent decrees listed above represent a settlement 
of claims brought against Lockheed Martin Corporation, Mobil Oil 
Corporation, The Valspar Corporation, Leach International Corporation, 
Allegiance Healthcare Corporation, Philip Morris USA Inc., and 
Phaostron Instrument and Electronic Company pursuant to the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA''), 42 U.S.C. 9601-9675, and section 7003 of the Solid Waste 
Disposal Act, as amended by the Resource Conservation and Recovery Act 
of 1976 and the Hazardous and Solid Waste Amendments of 1984 
(collectively ``RCRA''), 42 U.S.C. 6973. In the complaints filed on 
October 19, 2005, the United States and DTSC sought injunctive relief 
for performance of response actions under CERCLA section 106, 42 U.S.C. 
9606, and RCRA section 7003, 42 U.S.C. 6973, and reimbursement for 
response costs under CERCLA section 107, 42 U.S.C. 9607, incurred by 
the United States Environmental Protection Agency (``EPA''), the United 
States Department of Justice (``DOJ''), and DTSC, in response to 
releases of hazardous substances at the BPOU. The last three consent 
decrees listed above represent a settlement of claims brought pursuant 
to CERCLA against Aerojet-General Corporation, GenCorp, Inc., Azusa 
Land Reclamation Co., Inc., Fairchild Holding Corp., Hartwell 
Corporation, Oil & Solvent Process Company, Reichhold, Inc., Winco 
Enterprises Inc., and entities related to White & White Properties. In 
the complaints filed on October 19, 2005, the United States and DTSC 
sought reimbursement for response costs under CERCLA section 107, 42 
U.S.C. 9607, incurred by EPA, DOJ, and DTSC, in response to releases of 
hazardous substances at the BPOU.
    The proposed consent decrees require the Settling Defendants to pay 
$14,328,388 to the United States for response costs incurred by EPA and 
DOJ and 88 percent of the United States' future oversight costs, and to 
pay $292,105 to DTSC for response costs incurred by DTSC. The first 
four proposed consent decrees include a covenant-not-to-sue under 
sections 106 and 107 of CERCLA, 42 U.S.C. 9606, 9607, and under section 
7003 of RCRA, 42 U.S.C. 6973. The last three proposed consent decrees 
include a covenant-not-to-sue under CERCLA section 107, 42 U.S.C. 9607.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the consent 
decrees. 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, with a copy to 
Robert Mullaney, U.S. Department of Justice, 301 Howard Street, Suite 
1050, San Francisco, CA 94105, and should refer to the BPOU Consent 
Decrees, D.J. Ref. 90-11-2-354. For the settlements involving 
RCRA, commenters may request an opportunity for a public meeting in the 
affected area, in accordance with section 7003(d) of RCRA, 42 U.S.C. 
6973(d).
    The consent decrees may be examined at U.S. EPA Region 9, Office of 
Regional Counsel, 75 Hawthorne Street, San Francisco, California. 
During the public comment period, the consent decrees may also be 
examined on the following Department of Justice Web site: http://www.usdoj.gov/enrd/open.html. A copy of the consent decrees 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 $662.25 (25 cents per page reproduction cost) 
payable to the U.S. Treasury. (A copy of the decrees, exclusive of

[[Page 66465]]

attachments, may be obtained for $53.00.)

Ellen M. Mahan,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division, United States Department of Justice.
[FR Doc. 05-21880 Filed 11-1-05; 8:45 am]
BILLING CODE 4410-15-M