[Federal Register Volume 71, Number 138 (Wednesday, July 19, 2006)]
[Notices]
[Page 41053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6347]



[[Page 41053]]

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

DEPARTMENT OF JUSTICE


Notice of Extension of Public Comment Period Regarding Lodging of 
Consent Decrees Under the Comprehensive Environmental Response, 
Compensation, and Liability Act

    On June 7, 2006 (71 FR 33001), the United States Department of 
Justice published notice of the lodging of the two consent decrees in 
United States v. Industrial Excess Landfill, Inc., Civil Action Number 
5:89-CV-1988 (N.D. Ohio) (consolidated with State of Ohio v. Industrial 
Excess Landfill, Inc., Civil Action Number 5:91-CV-2559 (N.D. Ohio)). 
Because of a typographical error in that notice, the Department of 
Justice published a corrected notice on June 28, 2006 (71 FR 36827), 
without changing the period for receipt of public comment. The United 
States is now extending the period for public comment through and 
including July 31, 2006. All comments from the public on the consent 
decrees described below must be received by that date.
    The two proposed Consent Decrees were lodged with the United States 
District Court for the Northern District of Ohio on May 26, 2006. 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. Sec.  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. The second Consent Decree resolves 
claims against Morgan Adhesives Co. (``Morgan''), brought by the Untied 
States on behalf of EPA under Section 107 of CERCLA, 42 U.S.C. Sec.  
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. Both Consent 
Decrees are de minimis settlements pursuant to Section 122(g)(1)(A) of 
CERCLA, 42 U.S.C. Sec.  9622(g)(1)(A). Under their respective Consent 
Decrees, PPG will pay $752,500 to the United States, and Morgan will 
pay $334,016 to the United States and $15,984 to the State of Ohio, in 
reimbursement of the United States' and the State's response costs; 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 certain reservations of rights.
    The Department of Justice has previously provided notice that, 
under 42 U.S.C. 9622(d)(2), 9622(g)(12) and 28 CFR Sec.  50.7, it would 
receive comments relating to the Consent Decree for a period of 30 days 
from the original publication of notice of lodging in the Federal 
Register. That comment period would have ended on July 7, 2006. A party 
to the underlying lawsuit requested a relatively short extension of 
time to submit comments on the consent decree. The Department of 
Justice, in consultation with EPA and co-Plaintiff State of Ohio, 
determined that the extension is appropriate but that the comment 
period should be extended for the entire public.
    Therefore, the United States Department of Justice will accept 
comment on either or both of the proposed consent decrees through July 
31, 2006. 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, IIlinois 
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 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. 06-6347 Filed 7-18-06; 8:45 am]
BILLING CODE 4410-15-M