[Federal Register Volume 71, Number 124 (Wednesday, June 28, 2006)]
[Notices]
[Page 36827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5769]


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

DEPARTMENT OF JUSTICE


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

    The United States Department of Justice is re-issuing this notice 
because of a typographical error in the original notice, which was 
published on June 7, 2006 (71 FR 33001). The original notice mis-stated 
the amount to be paid by PPG Industries, Inc. under one of the two 
proposed consent decrees. This republication does not alter the public 
comment period, which remains a thirty-day period beginning June 7, 
2006.
    Under 42 U.S.C. 9622(d)(2), 9622(g)(12) and 28 CFR 50.7, notice is 
hereby given that on May 26, 2006, two proposed Consent Decrees in 
United States v. Industrial Excess Landfill, Inc., Civil Action Number 
5:89-CV-1988 (consolidated with State of Ohio v. Industrial Excess 
Landfill, Inc., Civil Action Number 5:91-CV-2559), were lodged with the 
United States District Court for the Northern District of Ohio.
    The first Consent Decree resolves claims against PPG Industries, 
Inc. (``PPG''), brought by the United States on behalf of the 
Environmental Protection Agency (``EPA'') under section 107 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA''), 42 U.S.C. 9607, for response costs incurred and to be 
incurred by the United States in responding to the release and 
threatened release of hazardous substances at the Industrial Excess 
Landfill Superfund Site (``Site'') in Uniontown, Ohio. Under its 
Consent Decree, PPG will pay the United States $752,500 in 
reimbursement of response costs.
    The second Consent Decree resolves claims against Morgan Adhesives 
Co. (``Morgan''), brought by the United States on behalf of the 
Environmental Protection Agency under section 107 of CERCLA, 42 U.S.C. 
9607, for response costs incurred and to be incurred by the United 
States in responding to the release and threatened release of hazardous 
substances at the Site, as well as CERCLA and other claims related to 
the Site brought against Morgan by the State of Ohio. Under its Consent 
Decree, Morgan will pay the United States $334,016 in reimbursement of 
response costs and will pay the State of Ohio $15,984 in reimbursement 
of response costs.
    Both Consent Decrees are de minimis settlements pursuant to section 
122(g)(1)(A) of CERCLA, 42 U.S.C. 9622(g)(1)(A). Under the respective 
Consent Decree, the United States covenants not to sue PPG, and the 
United States and the State of Ohio covenant not to sue Morgan, 
regarding the Site, subject to reservations of rights should 
information be discovered which indicates that a settling defendant no 
longer qualifies as a de minimis party, as well as reservations 
commonly included in CERCLA settlements of all rights with respect to 
certain other claims.
    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. Industrial Excess Landfill, Inc., DOJ Ref. 
90-11-3-247/2.
    Each Consent Decree may be examined at the Office of the United 
States Attorney, Northern District of Ohio, 801 West Superior Avenue, 
Suite 400, Cleveland, Ohio 44113, and the Region 5 Office of the 
Environmental Protection Agency, 77 W. Jackson Blvd., Chicago, Illinois 
60604. During the public comment period, each Consent Decree may also 
be examined on the following Department of Justice Web site: http://www.usdoj.gov/enrd/open.html.
    A copy of each 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 specify whether requesting the PPG 
Consent Decree, the Morgan Consent Decree, or both, and please enclose 
a check payable to the U.S. Treasury in the amount of $5.50 for the PPG 
Consent Decree, $6.25 for the Morgan Consent Decree, or $11.75 for both 
Consent Decrees (for reproduction costs of 25 cents per page).

William D. Brighton,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 06-5769 Filed 6-27-06; 8:45 am]
BILLING CODE 4410-15-M