[Federal Register Volume 72, Number 31 (Thursday, February 15, 2007)]
[Notices]
[Page 7460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-686]



[[Page 7460]]

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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on January 24, 2007, a proposed 
Modified Consent Decree in United States of America and Commonwealth of 
Virginia v. American Cyanamid Company, et al., Civil Action Nos. 90-
0046-C, 91-0003-C, was lodged with the United States District Court for 
the Western District of Virginia.
    In this action, the United States seeks a Third Modification of the 
Consent Decree that the United States lodged in 1991 to resolve the 
claims of the United States and the Commonwealth of Virginia under 
Sections 107 and 106(a) of the Comprehensive Environmental Response, 
Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9607 and 
9606(a), at the U.S. Titanium Superfund Site located at the southern 
boundary of Nelson County, near the community of Piney River, Virginia 
(the ``Site''). This proposed Third Modification incorporates an EPA 
amendment to the remedy that requires institutional controls at the 
Site. Specifically, the modification requires American Cyanamid and its 
corporate successors, Wyeth Holdings Corporation, Cytec Industries 
Inc., and Piney Development Corporation to comply with certain land use 
restrictions and to record a Declaration of Restrictive Covenants 
documenting those restrictions and providing EPA with access to the 
Site. These restrictions prohibit or limit (1) Installation of any 
drinkingw water wells in areas where the groundwater is contaminated; 
(2) any new development at the Site that might interfere with the 
remedy; and (3) unauthorized earth moving activities where remedial 
actions have occurred.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to this 
proposed Modified Consent Decree. Comments should be addressed to the 
Assistant Attorney General, Environmental and Natural Resources 
Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 
20044-7611, Attention: Nancy Flickinger, and should refer to United 
States of America and Commonwealth of Virginia v. American Cyanamid 
Company, et al., Civil Action Nos. 90-0046-C, 91-0003-C, and should 
refer to D.J. Ref. 90-11-2-562.
    The Modified Consent Decree may be examined at the Office of the 
United States Attorney for the Western District of Virginia, 310 First 
Street, SW., Room 906, Roanoke, Virginia 24011, and at U.S. EPA Region 
III's Office, 1650 Arch Street, Philadelphia, PA 19103. During the 
public comment period, the consent decree may also be examined on the 
following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the proposed Modified 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 $3.25 (25 cents per page reproduction 
cost for a full copy) payable to the U.S. Treasury.

Robert D. Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 07-686 Filed 2-14-07; 8:45 am]
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