[Federal Register Volume 74, Number 151 (Friday, August 7, 2009)]
[Notices]
[Pages 39713-39714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18971]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Amendment to Consent Decree Under 
the Comprehensive Environmental Response, Compensation and Liability 
Act, Clean Water Act, and the Pennsylvania Hazardous Sites Cleanup Act

    Notice is hereby given that on August 3, 2009, a proposed Amendment 
to Consent Decree (``Amendment''), pertaining to United States v. 
Horsehead Industries Inc., 3:CV-98-0654, was lodged with the United 
States District Court for the Middle District of Pennsylvania. The 
proposed Amendment amends the consent decree entered by the Court on 
November 21, 2003 (``2003 Decree''), which addressed

[[Page 39714]]

certain claims of the United States under Sections 106 and 107 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980, as amended (``CERCLA''), 42 U.S.C. 9606 and 9607, concerning 
response costs and remedial actions relating to the Palmerton Zinc Pile 
Superfund Site (``Site'') in Palmerton, Pennsylvania.
    The proposed Amendment (1) substitutes and/or adds parties as 
Settling Defendants under the 2003 Decree and this Amendment, taking 
into account several corporate reorganizations and other transactions 
and events that have occurred since entry of the 2003 Decree; and (2) 
resolves, in a manner consistent with the ongoing remedial process at 
the Site, certain claims of the United States of America (``United 
States'') and the Commonwealth of Pennsylvania (``Commonwealth'') for 
Natural Resource Damages (``NRD'') under Sections 107(a)(4)(C) and 
107(f) of CERCLA, 42 U.S.C. 9607(a)(4)(C) and (f), Sections 311(f)(4) 
and (5) of the Clean Water Act (``CWA''), 33 U.S.C. 1321(f)(4) and (5), 
and Section 702(a) of the Pennsylvania Hazardous Sites Cleanup Act 
(``HSCA''), 35 P.S. Sec.  6020.702(a).
    Under the terms of the Amendment, the Defendants will make a 
payment of $9.875 million to be used to restore, replace, or acquire 
the equivalent of natural resources injured as a result of releases of 
hazardous substances at the Palmerton Zinc site. The Defendants will 
also pay $2.5 million for damage assessment costs. In addition, the 
Defendants will transfer twelve hundred acres of valuable property to 
the Pennsylvania Game Commission and discharge a mortgage on a nature 
center located at the Lehigh Gap.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
Amendment. 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. Horsehead Industries Inc., DOJ No. 90-11-2-271/4. 
The proposed Amendment may be examined at the Offices of the 
Environmental Protection Agency, Region 3, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103 (contact Assistant Regional Counsel 
Cynthia Nadolski (215) 814-2673) and at the Office of the United States 
Attorney for the Middle District of Pennsylvania, Harrisburg Federal 
Bldg. and Courthouse, 228 Walnut Street, Suite 220, P.O. Box 11754, 
Harrisburg, PA 17108-1754 (contact Assistant U.S. Attorney D. Brian 
Simpson (717) 221-4482). During the public comment period, the 
Amendment 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 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 $33.50 (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.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. E9-18971 Filed 8-6-09; 8:45 am]
BILLING CODE 4410-15-P