[Federal Register Volume 74, Number 12 (Wednesday, January 21, 2009)]
[Notices]
[Pages 3639-3640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1046]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on January 9, 2009, a proposed 
amendment to the consent decree (``Second Consent Decree Amendment'') 
in United States v. American Cyanamid, et al., Civil Action No. 2:93-
0654 was lodged with the United States District Court for the Southern 
District of West Virginia.
    The original consent decree, entered on February 19, 1997, resolved 
claims that the United States filed under Sections 106 and 107 of 
CERCLA, 42

[[Page 3640]]

U.S.C. 9606 and 9607, for implementation of response actions to 
remediate contamination and for past response costs incurred at the 
Fike/Artel Chemical Company Superfund Site (``Site''), located near 
Nitro, West Virginia. The original consent decree was amended on July 
10, 1997 to include the final two parties in this matter.
    Pursuant to the original consent decree, and as amended July 10, 
1997, Settling Work Defendants agreed to undertake future response 
actions at the Site. On September 28, 2001, EPA issued a ROD for the 
groundwater and soil remediation component of the Site clean-up. After 
further investigation and data collection, EPA amended this ROD in 
December 2006 by selecting in situ biosparging rather than extraction 
and treatment as the preferred remedy to address groundwater 
contamination at the Site. The proposed Second Consent Decree Amendment 
incorporates the Work required by the amended ROD for groundwater 
remediation 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 Second 
Consent Decree Amendment. 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, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States v. American Cyanamid, et al., D.J. Ref. 90-11-3-
706.
    The Second Consent Decree Amendment may be examined at the Office 
of the United States Attorney, 300 Virginia Street, East, Charleston, 
WV, 25301, and at U.S. EPA Region 3, 1650 Arch Street, Philadelphia, PA 
19103. During the public comment period, the Second Consent Decree 
Amendment may also be examined on the following Department of Justice 
Web site, to http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of 
the Second Consent Decree Amendment 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 $5.50 
(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.

Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E9-1046 Filed 1-16-09; 8:45 am]
BILLING CODE 4410-15-P