[Federal Register Volume 77, Number 149 (Thursday, August 2, 2012)]
[Notices]
[Pages 46121-46122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18837]


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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 July 27, 2012, a proposed Amendment 
to Consent Decree was lodged with the United States District Court for 
the Northern District of Ohio in United States v. Lorain County 
Metropolitan Park District, et al., Civil Action No. 1:08-cv-03026.
    Under a consent decree previously entered by the district court in 
this action under Sections 106 and 107 of the Comprehensive 
Environmental Response, Compensation and Liability Act, as amended 
(``CERCLA''), 42 U.S.C. 9606 and 9607, the former General Motors 
Corporation, now known as Motors Liquidation Company (``GM''), was one 
of several Settling Defendants responsible for implementing a remedial 
action to address releases and threatened releases of hazardous 
substances at and from the Ford Road Industrial Landfill Site (the 
``Site'') in Elyria, Ohio. Pursuant to financial assurance requirements 
of the consent decree, GM obtained a performance bond from Westchester 
Fire Insurance Company (``Westchester''). After filing for bankruptcy 
in 2009, GM stopped participating in implementation of the remedial 
action at the Site.
    Under the proposed Amendment to Consent Decree, Westchester will 
become a party to the consent decree and become responsible for 
financing implementation of the remedial action at the Site, up to a 
$589,322 limit that corresponds to the outstanding amount of the 
original performance bond issued by Westchester. Westchester's 
obligations will include: (1) Reimbursing 50 percent of the response 
costs incurred by the other Settling Defendants between June 1, 2009, 
when GM stopped participating in implementation of the consent decree, 
and the effective date of the Amendment to Consent Decree; (2) monthly 
reimbursement of 50 percent of the ongoing remedial costs incurred by 
the other Settling Defendants after the effective date of the Amendment 
to Consent Decree; (3) acceleration of remaining payments (up to the 
$589,322 limit) in accordance with instructions to be provided by EPA, 
in the event that EPA takes over implementation of any Work, pursuant 
to provisions of the previously entered consent decree. In addition, to 
guarantee performance of its obligations under the proposed Amendment 
to Consent Decree, Westchester will establish a trust for the benefit 
of EPA, and maintain a trust balance that is equal to its outstanding 
liability relating to the Site.
    The Department of Justice will receive comments relating to the 
Amendment to Consent Decree for a period of thirty (30) days from the 
date of this publication. 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. The 
comments should refer to United States v. Lorain County

[[Page 46122]]

Metropolitan Park District, et. al., DJ  90-11-3-09102.
    During the public comment period, the Amendment to Consent Decree 
may be examined on the following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Amendment to 
Consent Decree may also be obtained by mail from the Consent Decree 
Library, U.S. Department of Justice, P.O. Box 7611, Washington, DC 
20044-7611 or by faxing or emailing a request to ``Consent Decree 
Copy'' ([email protected]), fax number (202) 514-0097, phone 
confirmation number (202) 514-5271. In requesting a copy of the 
Amendment to Consent Decree from the Consent Decree Library, please 
enclose a check in the amount of $8.75 (25 cents per page reproduction 
cost) payable to the U.S. Treasury or, if by email 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. 2012-18837 Filed 8-1-12; 8:45 am]
BILLING CODE 4410-15-P