[Federal Register Volume 74, Number 15 (Monday, January 26, 2009)]
[Notices]
[Pages 4459-4460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1467]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on January 16, 2009, a proposed 
modification of the consent decree in United States v. General Electric 
Company, Civil Action No. 05-cv-1270 (N.D.N.Y.), was executed between 
the United States and General Electric Company.
    The proposed consent decree modification will amend the consent 
decree entered in this matter on November 2, 2006, with respect to 
certain claims of the United States under the Comprehensive 
Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601, 
et seq., relating to the release of polychlorinated biphenyls (PCBs) 
into the Hudson River by General Electric Company (GE). In pertinent 
part, the proposed modification: (1) Adds provisions to the original 
consent decree regarding the reimbursement by GE of certain costs of 
the U.S. Environmental Protection Agency (EPA) relating to (a) the 
design and construction of a water supply line from Troy, New York, to 
provide the Towns of Waterford and Halfmoon, New York (hereinafter, the 
``Towns''), with an alternate water supply during the Hudson River 
dredging program specified in the original consent decree, and (b) the 
design, construction, installation and maintenance of a granulated 
activated carbon (GAC) system for the water supply wells of the Village 
of Stillwater, New York during the first phase of the Hudson River 
dredging program; (2) adds provisions regarding GE's reimbursement of 
certain costs that might be incurred by EPA for the provision of water 
to Waterford and Halfmoon during the second phase of the Hudson River 
dredging program; (3) modifies certain of the water column monitoring 
requirements set forth in the original consent decree's statement of 
work; and, (4) makes certain minor administrative changes to the 
original consent decree.
    The following is a summary of the modification's provisions 
relating to the provision or treatment of drinking water. Under the 
modification, GE agrees to pay to the United States the lesser of 
$7,000,000 or all costs incurred or to be incurred by EPA relating to 
the design and construction of the water line and the Stillwater GAC 
system. In addition, if GE agrees to perform the second phase of the 
dredging program as provided in the original consent decree, GE will 
reimburse EPA for 50% of any costs paid by EPA during the dredging for 
water usage fees assessed upon the Towns, up to $750,000.
    Prior to filing the modification with the Court, the Department of 
Justice will receive for a period of thirty (30) days from the date of 
this publication comments relating to the proposed modification to the 
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. General Electric Company, Civil Action No. 05-cv-
1270, D.J. Ref. 90-11-2-529. During the public comment period, the 
proposed modification to the consent decree, 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 proposed modification to 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]),

[[Page 4460]]

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 $11.00 (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.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E9-1467 Filed 1-23-09; 8:45 am]
BILLING CODE 4410-15-P