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Federal Register / Vol. 70, No.

159 / Thursday, August 18, 2005 / Notices 48589

FOR FURTHER INFORMATION CONTACT: Consent Decree pertains to the Milltown (25 cents per page reproduction cost)
Mary Messer (202–205–3193), Office of Reservoir Sediments Operable Unit (the payable to the U.S. Treasury.
Investigations, U.S. International Trade ‘‘Milltown Site’’) in southwestern Robert D. Brook,
Commission, 500 E Street SW., Montana. The settlement would resolve
Assistant Chief, Environmental Enforcement
Washington, DC 20436. Hearing- the claims brought by the United States Section, Environment and Natural Resources
impaired persons can obtain against the Atlantic Richfield Company Division.
information on this matter by contacting and NorthWestern Corporation under [FR Doc. 05–16348 Filed 8–17–05; 8:45 am]
the Commission’s TDD terminal on 202– Section 107 of the Comprehensive BILLING CODE 4410–15–M
205–1810. Persons with mobility Environmental Response, Compensation
impairments who will need special and Liability Act of 1980, as amended
assistance in gaining access to the (‘‘CERCLA’’), 42 U.S.C. 9607, for the DEPARTMENT OF JUSTICE
Commission should contact the Office recovery of costs incurred and to be
of the Secretary at 202–205–2000. incurred in responding to releases and Notice of Lodging of Consent Decree
General information concerning the threatened releases of hazardous Under the Clean Water Act
Commission may also be obtained by substances at the Milltown Site. Under
accessing its Internet server (http:// Consistent with 28 CFR 50.7, notice is
the terms of the proposed Consent hereby given that on August 3, 2005, a
www.usitc.gov). The public record for
Decree, Atlantic Richfield and proposed consent decree (‘‘decree’’) in
this review may be viewed on the
NorthWestern will implement EPA’s United States v. Degussa Initiators,
Commission’s electronic docket (EDIS)
cleanup plan for the Milltown Site, LLC., Civil Action No. 1:05CV1915, was
at http://edis.usitc.gov.
reimburse certain EPA response costs lodged with the United States District
SUPPLEMENTARY INFORMATION: On August Court for the Northern District of Ohio.
related to the Milltown Site, and
5, 2005, the Commission determined contribute toward the State of In this action, the United States seeks
that it should proceed to a full review civil penalties against Degussa for
Montana’s natural resource restoration
in the subject five-year review pursuant violations of section 307(d) and 308 of
plan for the Milltown site. The United
to section 751(c)(5) of the Act.1 The the Clean Water Act, 33 U.S.C. 1317(d)
States, on behalf of certain federal
Commission found that both the and 1318, including violation of
domestic and respondent interested agencies against which Atlantic
Richfield asserted counterclaims, will categorical and local effluent limits
party group responses to its notice of contained in industrial user permits
institution (70 FR 22701, May 2, 2005) also be contributing toward the
reimbursement of EPA’s response costs. issued by the Elyria, Ohio publicly
were adequate. A record of the owned treatment works. The proposed
Commissioners’ votes, the The Department of Justice will receive decree provides that Degussa will pay a
Commission’s statement on adequacy, for a period of thirty (30) days from the civil penalty of $345,203.50 and will
and any individual Commissioner’s date of this publication comments perform a supplemental environmental
statements will be available from the relating to the Consent Decree. project valued at $27,514. Degussa also
Office of the Secretary and at the Comments should be addressed to the certifies in the proposed decree that it
Commission’s Web site. Deputy Assistant Attorney General, has implemented corrective measures
Authority: This review is being conducted Environment and Natural Resources necessary to ensure continuous
under authority of title VII of the Tariff Act Division, P.O. Box 7611, U.S. compliance with applicable effluent
of 1930; this notice is published pursuant to Department of Justice, Washington, DC limits and other permit terms.
§ 207.62 of the Commission’s rules. 20044–7611, and should refer to United The Department of Justice will receive
By order of the Commission. States v. ARCO, DOJ Case Number 90– comments relating to the decree for a
Issued: August 11, 2005. 11–2–430. period of thirty (30) days from the date
Marilyn R. Abbott, The proposed Consent Decree may be of this publication. Comments should be
addressed to the Assistant Attorney
Secretary to the Commission. examined at the office of the United
General, Environment and Natural
[FR Doc. 05–16339 Filed 8–17–05; 8:45 am] States Attorney for the District of
Resources Division, P.O. Box 7611, Ben
BILLING CODE 7020–02–P Montana, 2929 Third Avenue North,
Franklin Station, U.S. Department of
Suite 400, Billings, Montana 59101, and
Justice, Washington, DC 20044–7611,
at U.S. EPA Region VIII Montana Office,
and should refer to United States v.
DEPARTMENT OF JUSTICE Federal Building, 10 West 15th Street, Degussa LLC, D.J. Ref. 90–5–1–1–07956.
Suite 3200, Helena, Montana 59624. The decree may be examined at the
Notice of Lodging of Consent Decree During the public comment period, the Office of the United States Attorney,
Under the Comprehensive Consent Decree, may also be examined 1800 One Bank Center, 600 Superior
Environmental Response, on the following Department of Justice Avenue, Cleveland, Ohio 44114–2654
Compensation, and Liability Act Web site, http://www.usdoj.gov/enrd/ and at the U.S. Environmental
(‘‘CERCLA’’) open.html. A copy of the Consent Protection Agency Region 5, 77 West
Decree may also be obtained by mail Jackson Boulevard, Chicago, Illinois
Under the policy set out at 28 CFR
from the Consent Decree Library, P.O. 60604–3590. During the public
50.7, notice is hereby given that on
August 2, 2005, the United States Box 7611, U.S. Department of Justice, comment period, the decree may also be
lodged with the United States District Washington, DC 20044–7611 or by examined on the following Department
Court for the District of Montana a faxing or e-mailing a request to Tonia of Justice Web site, http://
proposed consent decree (‘‘Consent Fleetwood (tonia.fleetwood@usdoj.gov), www.usdoj.gov/enrd/open.html. A copy
Decree’’) in the case of United States v. fax no. (202) 514–0097, phone of the decree may also be obtained by
Atlantic Richfield Company et al., Civil confirmation number (202) 514–1547. In mail from the Consent Decree Library,
Action No. CV–89–39–BU–SEH. The requesting a copy of the Consent Decree, P.O. Box 7611, Ben Franklin Station,
please reference United States v. ARCO, U.S. Department of Justice, Washington,
1 Commissioner Marcia E. Miller did not DOJ Case Number 90–11–2–430, and DC 20044–7611 or by faxing or e-
participate in this determination. enclose a check in the amount of $10.00 mailing a request to Tonia Fleetwood

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48590 Federal Register / Vol. 70, No. 159 / Thursday, August 18, 2005 / Notices

(tonia.fleetwood@usdoj.gov), fax no. Consent Decree. Comments should be The Department of Justice will receive
(202) 514–0097, phone confirmation addressed to the U.S. Department of comments relating to the proposed
number (202) 514–1547. In requesting a Justice, Assistant Attorney General, Consent Decree for a period of thirty
copy from the Consent Decree Library, Environment and Natural Resources (30) days from the date of this
please enclose a check in the amount of Division, P.O. Box 7611, Ben Franklin publication. Comments should be
$7.00 (25 cents per page reproduction Station, Washington, DC 20044–7611, addressed to the Acting Assistant
cost), payable to the U.S. Treasury. and should refer to United States v. Del Attorney General, Environment and
Monte Fresh Produce (Hawaii), Inc., DOJ Natural Resources Division, P.O. Box
W. Benjamin Fisherow,
Ref. 90–11–3–08277. 7611, U.S. Department of Justice,
Deputy Section Chief, Environmental
The proposed Consent Decree may be Washington, DC 20044 and should refer
Enforcement Section, Environment and
Natural Resources Division. examined during the public comment to United States et al. v. Wellsford, Inc.,
period on the following United States DJ No. 90–11–2–902/2.
[FR Doc. 05–16346 Filed 8–17–05; 8:45 am]
Department of Justice Web site: http:// The proposed Consent Decree may be
BILLING CODE 4410–15–M
www.usdoj.gov/enrd/open.html. A copy examined at the office of the United
of the Consent Decree may also be States Attorney for the District of
obtained by mail from the Consent Pennsylvania, 615 Chestnut Street, Suite
DEPARTMENT OF JUSTICE
Decree Library, U.S. Department of 1250, Philadelphia, PA 19106–4476,
Notice of Lodging of Consent Decree Justice, P.O. Box 7611, Ben Franklin and at the Region 3 Office of the
Pursuant to the Comprehensive Station, Washington, DC 20044–7611, or Environmental Protection Agency, 1650
Environmental Response, by faxing or E-mailing a request to Tonia Arch Street, Philadelphia, PA 19103.
Compensation, and Liability Act Fleetwood (tonia.fleetwood@usdoj.gov), During the public comment period, the
fax number (202) 514–0097, phone decree may also be examined on the
Pursuant to Section 122(d)(2) of the following Department of Justice Web
Comprehensive Environmental confirmation number (202) 514–1547.
When requesting a copy from the site, http://www.usdoj.gov/enrd/
Response, Compensation, and Liability open.html. A copy of the decree may
Act (‘‘CERCLA’’), 42 U.S.C. 9622(d)(2), Consent Decree Library, please enclose
a check, payable to the U.S. Treasury, in also be obtained by mail from the
and 28 CFR 50.7, notice is hereby given Consent Decree Library, P.O. Box 7611,
that a proposed Consent Decree the amount of $24.25 ($.25 per page
U.S. Department of Justice, Washington,
embodying a settlement in United States reproduction cost).
DC 20044–7611, or by faxing or e-
v. Del Monte Fresh Produce (Hawaii), Ellen Mahan, mailing a request to Tonia Fleetwood
Inc., Civil Action No. 05–0049 5, was Assistant Section Chief, Environmental (tonia.fleetwood@usdoj.gov), fax no.
lodged on August 4, 2005, with the Enforcement Section, Environment and (202) 514–0097, phone confirmation
United States District Court for the Natural Resources Division. number (202) 514–1547. In requesting a
District of Hawaii. [FR Doc. 05–16345 Filed 8–17–05; 8:45 am] copy from the Consent Decree Library,
In a Complaint filed concurrently BILLING CODE 4410–15–M please enclose a check in the amount of
with the lodging of the Consent Decree, $11.00 (25 cents per page reproduction
the United States seeks reimbursement cost) payable to the U.S. Treasury. The
of costs incurred by the United States DEPARTMENT OF JUSTICE check should refer to United States et al.
and injunctive relief relating to the Del v. Wellsford, Inc., DJ No. 90–11–2–902/
Monte Fresh Produce (Hawaii), Inc., site Notice of Lodging of a Consent Decree 2.
located in Oahu, Hawaii (‘‘Site’’). The Pursuant to the Comprehensive
United States alleges in the Complaint Environmental Response, Robert D. Brook,
that the defendant, Del Monte Fresh Compensation and Liability Act Assistant Section Chief, Environmental
Produce (Hawaii), Inc. (‘‘DMFP’’), Enforcement Section, Environment and
Notice is hereby given that a proposed Natural Resources Division.
operated the Site and disposed or
arranged to dispose of hazardous consent Decree in United States of [FR Doc. 05–16347 Filed 8–17–05; 8:45 am]
substances at the Site within the America v. Wellsford, Civ. Action No. BILLING CODE 4410–15–M

meaning of Sections 107(a)(1), (2), and 05–4158 was lodged on August 4, 2005,
(3) of CERCLA, 42 U.S.C. 9607(a)(1), (2), with the United States District Court for
and (3). the Eastern District of Pennsylvania. DEPARTMENT OF JUSTICE
Under the proposed Consent Decree, In the Complaint filed in this matter,
DMFP has agreed to fund and perform the United States alleges that Wellsford, Antitrust Division
response actions at the Site. The Inc. (‘‘Wellsford’’) is liable for response
United States v. Waste Industries USA,
Consent Decree requires DMFP to, costs pursuant to Section 107 of the
Inc.; Proposed Final Judgment and
among other things, install monitoring Comprehensive Environmental
Competitive Impact Statement
wells to characterize the extent of Response, Compensation and Liability
contaminated groundwater; pump and Act (‘‘CERCLA’’), 42 U.S.C. 9607 for its Notice is hereby given, pursuant to
treat contaminated groundwater; involvement with the Recticon/Allied the Antitrust Procedures and Penalties
implement phytoremediation; place a Steel (‘‘Site’’) in Parkerford, Act, 15 U.S.C. 16(b)–(h), that a
vegetated soil covering or cap over the Pennsylvania. The proposed Consent Complaint, proposed Final Judgment,
contaminated soil area; install a soil Decree would resolve the United States’ Stipulation, and Competitive Impact
vapor extraction system; and restrict claims set forth in the Complaint Statement were filed with the United
land use. The Consent Decree also through the payment of $20,000, an States District Court for the Eastern
requires DMFP to reimburse the Untied agreement by Wellsford to exercise due District of Virginia in United States v.
States for its costs. care and not exacerbate existing Waste Industries USA, Inc., Civ. Action
The United States Department of contamination, and the filing of deed No. 2:05CV468. On August 8, 2005, the
Justice will receive, for a period of 30 restrictions that provide EPA and its United States filed a Complaint, which
days from the date of this publication, representative access to property and sought to compel Waste Industries USA,
comments relating to the proposed protect the remedy. Inc., to divest certain small container

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