[Federal Register Volume 76, Number 122 (Friday, June 24, 2011)]
[Notices]
[Page 37152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15870]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on June 13, 2011, a proposed Consent 
Decree in United States v. Tecumseh Products Company, et al., No. 1:03-
cv-00401 (E.D. Wisc.) was lodged with the United States District Court 
for the Eastern District of Wisconsin.
    In this action, the United States seeks the implementation of 
response actions at, and the reimbursement, pursuant to the 
Comprehensive Environmental Response, Compensation and Liability Act 
(``CERCLA''), 42 U.S.C. 9601 et seq., of costs incurred by the United 
States in responding to a release or threat of release of hazardous 
substances in, the Lower River portion of the Sheboygan River and 
Harbor Superfund Site in Sheboygan County, Wisconsin (``Site''). In the 
Amended Complaint filed in this matter, the United States alleges that 
Tecumseh Products Company (``Tecumseh'') was an ``owner or operator'' 
of the Site at the time of the disposal of hazardous substances in the 
Lower River portion of the Site and therefore, pursuant to CERCLA 
Section 107(a)(2), 42 U.S.C. 9607(a)(2), is liable for the 
reimbursement of response costs and for the performance of response 
actions under CERCLA. In the Amended Complaint, the United States 
further alleges that co-Defendants Pollution Risk Services LLC, and 
Palace Associates, LLC, are liable, under CERCLA Section 107(a)(1), 42 
U.S.C. 9607(a)(1), as present owners of a portion of the Site.
    This is the third settlement agreement in this matter. On May 12, 
2004, the United States District Court for the Eastern District of 
Wisconsin approved and entered a Consent Decree (``2004 Decree'') that 
required Tecumseh to: (1) Implement those components of the remedy for 
the Upper River portion of the Site that were set forth in a May 12, 
2004 Record of Decision issued by the U.S. Environmental Protection 
Agency (``U.S. EPA''); (2) pay $2.1 million towards the United States= 
past site past response costs; and (3) reimburse U.S. EPA all future 
Upper River response costs incurred by the United States. The $2.1 
million in past costs has been paid, and all future Upper River 
response costs billed to Tecumseh to date have also been paid.
    Under a 2006 Amendment to the 2004 Decree, a third party, Pollution 
Risk Services LLC (``PRS''), became party to the Amended Consent Decree 
and assumed lead responsibility for completing the cleanup of the Upper 
River Section of the Site. Tecumseh, however, remains liable for 
completion of the Upper River remedy should PRS fail to perform.
    In 2006, PRS purchased the former Tecumseh plant in Sheboygan 
Falls, Wisconsin, which was a source of hazardous substances that were 
released to the Site. Subsequently, Palace Associates II, LLC, 
(``Palace''), an affiliate of PRS, purchased the remainder of the 
Tecumseh plant site.
    Under the current proposed Consent Decree, Tecumseh, PRS, and 
Palace commit to finance and perform the remedy for the remainder of 
the Site, i.e., the Lower River, Middle River, and Inner Harbor 
portions of the Site, which is expected to cost about $12.6 million, 
and pay U.S. EPA's cost of overseeing the remedial action. As in the 
case of the 2006 Consent Decree Amendment, the party expected to 
undertake the work is PRS. Also as in the case of the 2006 Consent 
Decree Amendment, Tecumseh would be fully obligated to complete the 
work in the event PRS defaults on its obligations under the proposed 
Consent Decree.
    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 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. Tecumseh Products Company, DOJ Ref.  90-
11-2-06440/2. The proposed Consent Decree may be examined at U.S. EPA 
Region 5, 77 West Jackson Boulevard, Chicago, IL 60604. (contact 
Richard Nagle, 312-353-8222).
    During the public comment period, the 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 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, please refer to the 
referenced case and enclose a check in the amount of $25.00 (25 cents 
per page reproduction costs) (Consent Decree only) or $83.00 (Consent 
Decree and all appendices), payable to the U.S. Treasury.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2011-15870 Filed 6-23-11; 8:45 am]
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