[Federal Register Volume 73, Number 88 (Tuesday, May 6, 2008)]
[Notices]
[Pages 25031-25032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9893]


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DEPARTMENT OF JUSTICE


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

    In accordance with Departmental policy, 28 CFR 50.7 and section 
122(d)(2) of the Comprehensive Environmental Response, Compensation and 
Liability Act (``CERCLA''), 42 U.S.C. 9622(d)(2), notice is hereby 
given that on April 29, 2008 a proposed consent decree in United States 
v. Teledyne Technologies Incorporated, Civil Action No. 3:08-cv-1085, 
was lodged with the United States District Court for the Northern 
District of Ohio.
    In this action, brought against Teledyne Technologies Incorporated 
(``Teledyne'') pursuant to Section 107 of CERCLA, 42 U.S.C. 9607, the 
United

[[Page 25032]]

States sought the recovery of response costs incurred by the United 
States in connection with actual and threatened releases of hazardous 
substances at and from the former Naval Weapons Industrial Reserve 
Plant--Toledo (``Facility''), a facility located in Toledo, Ohio that 
was formerly owned by the United States and that was and continues to 
be operated by Teledyne. The consent decree resolves claims of the 
United States against Teledyne and TDY Industries, Inc. (a predecessor 
for whom Teledyne has assumed liability) pursuant to sections 106 and 
107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a), for the recovery of Navy 
response costs and the work to be performed under the consent decree at 
the Facility. The consent decree requires Teledyne to pay the United 
States $525,000 for past response costs incurred by the Navy in 
connection with the Site. Under the consent decree, Teledyne is also 
obligated to perform further response actions necessary to achieve 
regulatory closure by obtaining an Ohio Covenant Not To Sue for the 
Facility by the State of Ohio pursuant to Chapter 3746 of the Ohio 
Revised Code, and implementing regulation, otherwise known as the Ohio 
Voluntary Action Program (``VAP''), or Brownfield Program, in the event 
that the Toledo-Lucas County Port Authority, the current owner of the 
Facility, does not achieve regulatory closure by obtaining an Ohio 
Covenant Not to Sue using a Federal grant, pursuant to the authority of 
FY 2006 Appropriations Act (Pub. L. 109-148), administered by the 
Department of Defense's Office of Economic Adjustment.
    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, and either emailed 
to [email protected] or mailed to P.O. Box 7611, United States 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. Teledyne Technologies Incorporated, D.J. Ref. 90-11-2-
08320.
    The consent decree may be examined at the Office of the United 
States Attorney, Four Seagate, Suite 308, Toledo, Ohio 43604. During 
the public comment period, the consent decree may also be examined on 
the following Justice Department Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the 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 $14.50 (25 cents per page reproduction cost) 
payable to the U.S. Treasury or, if by e-mail or fax, forward a check 
in that amount to the Consent Decree Library at the stated address.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
 [FR Doc. E8-9893 Filed 5-5-08; 8:45 am]
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