[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]]
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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]
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