[Federal Register Volume 72, Number 85 (Thursday, May 3, 2007)]
[Notices]
[Pages 24600-24601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2163]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to Comprehensive 
Environmental Response, Compensation, and Liability Act

    Notice is hereby given that on April 16, 2007, a proposed Consent 
Decree in United States v. ExxonMobil Corporation, et al., Civil Action 
No. 1:07-cv-00060-PB, was lodged with the United States District Court 
for the District of New Hampshire. And on April 20, 2007, the same 
proposed Consent Decree was lodged with the United States District 
Court for the District of New Hampshire in State of New Hampshire v. 
ExxonMobil Corporation et al., Civil Action No. 1:07-cv-00080-PB.
    The proposed Consent Decree will settle the United States' claims 
on behalf of the U.S. Environmental Protection Agency (``EPA'') and the 
claims of the State of New Hampshire brought against defendants 
ExxonMobil Corporation, Cumberland Farms, Inc., FirstGroup America, 
Inc., Hexion Specialty Chemicals, Inc., Waste Management of New 
Hampshire, Inc., Waste Management Disposal Services of Massachusetts, 
Inc., Waste Management of Massachusetts, Inc., Clean Harbors of 
Braintree, Inc., Fluor Enterprises, Inc., Sears, Roebuck and Company, 
Greased Lightning, Inc., Fafard Real Estate and Development 
Corporation, Drake Petroleum Company, Inc., P.J. Keating Company, 
Triumvirate Environmental, Inc., Boston & Maine Corporation, Colonial 
Gas Company (d/b/a Keyspan Energy Delivery New England), United Parcel 
Service, GenCorp, Inc., Laidlaw Transit, Inc., DBT Corporation, 1400 
Motors, Inc., Pike Industries, Inc., City of Providence, Rhode Island, 
Covanta Haverhill, Inc., Fort James Corporation, Coca-Cola Enterprises, 
Inc., Regan Ford, Inc., Marble Motor Company, A & B Automotive, Inc., 
Air Products and Chemicals, Inc., Balise Motor Sales Company, Aggregate 
Industries--Northeast Region, Inc., Windham Equity Company, City of 
Boston, Massachusetts, City of Gloucester, Massachusetts, Peabody 
Municipal Light Plant, City of Peabody, Massachusetts, Colonial 
Cadillac-Oldsmobile, Inc., Continental Paving, Inc., Daley Oil Company, 
Dampolo Automotive, Inc., Colonial South Chevrolet, Inc., Enzo's Nahant 
Garage, Garelick Farms, L.L.C., General Electric Company, Inc., 
Haffner's Service Station, H.J. Nassar Motor Company, Inc., Hughes 
Motor Company, Jaffarian's Service, Inc., Arvo's Gulf, McKenna & 
O'Keefe, Merchants Automotive Group, Inc., Murphy's Waste Oil Service, 
Inc., Massachusetts Water Resources Authority, New England Detroit 
Diesel-Allison, Inc., Massachusetts Electric Company, New England Power 
Company, Butler Realty Trust (d/b/a Noyes Citgo Service Station), 
Pelletier Brothers' Garage, Plymouth & Brockton Street Railway Company, 
Plymouth Rock Transportation Corporation, Pratt & Whitney, a Division 
of United Technologies, Inc., Daniel J. Quirk, Inc. (d/b/a Quirk 
Chevrolet), D.J. Quirk Ford, Inc., R.B. Strong Excavating & Sewerage 
Contracting, Inc., Reynolds Auto Repair, Rick Starr Enterprises, Inc. 
(d/b/a Rick Starr Toyota, Rick Starr Volkswagen BMW, Rick Starr Pontiac 
Cadillac, Rick Starr Toyota Pontiac, and Rick Starr Ford), Rietzl 
Corporation, Ruland Manufacturing Company, Signature Flight Support 
Corporation, Silva's Garage, Smith Motor Sales of Haverhill, Inc., 
Sudbay Pontiac, Cadillac, Buick, Inc., Towers Front End Service, Town 
of Andover, Massachusetts, Town of Ipswich, Massachusetts, Town of 
Marshfield, Massachusetts, Vachon Motor Sales, Inc. (d/b/a Vachon 
Mazda), Vachon Imports, Inc. (d/b/a Vachon Mitsubishi), Gene Brown 
Motors (d/b/a Volvo Villate), WNA Comet East, Inc., Woodworth 
Chevrolet-Cadillac-Buick, Inc. Yeo Chevrolet, Inc., Henry's Auto Parts, 
Inc., James M. Scanzini (d/b/a Criterion Systems), John E. Power (d/b/a 
Power's Auto Service), Larry's Service, Mel's Auto Services, Inc., 
Micromatic Products Company, Inc., S & H Petroleum Corporation, Truck 
Services, Inc., Wayside Service Center, Hampshire Realty Trust, Sun 
Realty Trust, and Mark O. Henry (collectively referred to as ``Settling 
Defendants'') pursuant to Sections 106 and 107 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA''), 
42 U.S.C. 9606 and 9607, with respect to the Beede Waste Oil Superfund 
Site in Plaistow, New Hampshire. The State of New Hampshire also 
brought claims pursuant to New Hampshire RSA 147-A:9 and 147-B:10 and 
also alleged claims against five federal agencies.
    Pursuant to the Consent Decree, approximately 30 Settling 
Defendants, referred to in the Consent Decree as Performing Settling 
Defendants, will finance and perform the selected remedy at the Site, 
estimated to cost $48 million, and will receive approximately $23 
million from other settling parties and from the Beede Superfund 
Special Account to offset the cost of the work. In addition, the 
Performing Settling Defendants will reimburse the United States and the 
State of New Hampshire for all interim and future costs, and oversight 
costs up to $9.3 million (U.S. oversight costs capped at $7.2 million 
and New Hampshire oversight costs capped at $2.1 million). The owners 
of the Site property, who are Settling Defendants, will convey the Site 
property by deed to an entity designated by the Performing Settling 
Defendants. The remaining Settling Defendants are

[[Page 24601]]

de minimis parties and shall pay a total of approximately $8 million 
toward financing the work at the Site. The Consent Decree also resolves 
the claims against the five agencies of the United States: the 
Department of the Air Force, the Department of the Army, the Department 
of the Navy, the Federal Aviation Administration, and the United States 
Postal Service (``Settling Federal Agencies''). Pursuant to the Consent 
Decree, the Settling Federal Agencies shall pay approximately $14 
million toward financing the work at the Site.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
either e-mailed to [email protected] or mailed to P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States v. ExxonMobil Corporation, et al., Civil Action 
No. 1:07-cv-00060-PB, D.J. Ref. 90-11-3-07039/11.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, District of New Hampshire, 53 Pleasant Street, 
Concord, New Hampshire 03301, and at the United States Environmental 
Protection Agency, Region I, 1 Congress Street, Suite 1100, Boston, 
Massachusetts 02114-2023. During the public comment period, the 
proposed 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 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. If 
requesting a copy by mail from the Consent Decree Library, please 
enclose a check in the amount of $184.75 ($0.25 per page reproduction 
cost) payable to the United States Treasury or, if requesting by e-mail 
or fax, forward a check in that amount to the consent Decree Library at 
the stated address. if requesting a copy exclusive of exhibits and/or 
defendants' signatures, please enclose a check in the amount of $32.75 
($0.25 per page reproduction cost) payable to the United States 
Treasury.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 07-2163 Filed 5-2-07; 8:45 am]
BILLING CODE 4410-15-M