Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices 19127 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Air Act 

Notice is hereby given that on March 

31, 2011, a proposed Consent Decree 

(the ‘‘Consent Decree’’) in United States 

v. City of Vineland, New Jersey, Civil 

Action No. 1:11–cv–1826 was lodged 

with the United States District Court for 

the District of New Jersey. 

In this action, the United States 

sought civil penalties and injunctive 

relief for Defendant City of Vineland, 

New Jersey’s (‘‘the City’’) violations of 

the Clean Air Act, 42 U.S.C. 7401 et 

seq., at the Vineland Municipal Electric 

Utility’s oil- and coal-fired electric 

generating station (‘‘Facility’’). The 

Consent Decree requires the City to pay 

a civil penalty of $850,000 to the United 

States, and to implement remedial 

measures at the Facility, including 

permanently retiring two of the 

Facility’s electric generating units, 

installing pollution controls on or 

permanently retiring a third unit, and 

constructing and operating a new 

natural gas-fired turbine at an estimated 

cost of approximately $60 million. 

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 

pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, United States 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. City of Vineland, New Jersey, 

D.J. Ref. 90–5–2–1–09529. 

During the public comment period, 

the 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 Consent 

Decree may also be obtained by mail 

from the Consent Decree Library, P.O. 

Box 7611, United States Department of 

Justice, Washington, DC 20044–7611 or 

by faxing or e-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj.gov), 

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 $8.50 (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. 

Ronald G. Gluck, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 2011–8060 Filed 4–5–11; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Settlement 

Agreement Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

Notice is hereby given that on March 

31, 2011, a proposed Settlement 

Agreement in In re Exide Technologies 

et al., No. 02–11125(KJC) (Bankr. D. 

Del.), was lodged with the United States 

Bankruptcy Court for the District of 

Delaware. In this bankruptcy matter the 

United States, on behalf of the 

Environmental Protection Agency, 

sought reimbursement of response costs 

incurred pursuant to the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(‘‘CERCLA’’) in connection with 21 

Superfund sites, and on behalf of the 

National Oceanic and Atmospheric 

Administration the United States sought 

natural resource damages under 

CERCLA for two sites. The Settlement 

Agreement between the United States 

and the Debtor, Exide Technologies, and 

certain of its Debtor affiliates, including 

Exide Illinois, Inc., Exide Delaware, 

LLC, RBD Liquidation, LLC, Dixie 

Metals Company, and Refined Metals 

Corporation, resolves Exide’s liability to 

the United States’ for response costs 

under Section 107(a) of CERCLA, 42 

U.S.C. 9607(a), and Exide’s liability 

under Section 6973 of the Resource 

Conservation and Recovery Act 

(‘‘RCRA’’), 42 U.S.C. 6973, for the 

following 21 sites: (1) Hamburg Lead 

Superfund Site, Hamburg, PA (03BH); 

(2) Hamburg Rail Cut Superfund Site, 

Hamburg, PA (A3H6); (3) Hamburg Port 

Clinton Avenue Superfund Site, 

Hamburg, PA (A3J4); (4) (5) Hamburg 

Peach Alley Parking Lot Superfund Site, 

Hamburg, PA (A3V1); (6) Kaercher 

Creek Superfund Site, Hamburg and 

Windsor Township, PA (A3H8); (7) 

Hamburg Mill Creek Superfund Site, 

Hamburg, PA (A3H7); (8) Hamburg 

Pleasant Hills Trailer Park Superfund 

Site, Hamburg, PA (A3H2); (9) Hamburg 

Ambulance Garage Superfund Site, 

Hamburg, PA (A3H5); Hamburg South 

Canal Superfund Site, Hamburg, PA 

(A3J2); (10) Non-Debtor-Owned Portions 

of the Price Battery Superfund Site, 

Hamburg, PA (A3E2); (11) Brown’s 

Battery Superfund Site, Tilden 

Township, PA (03–84); (12) ESB 

Superfund Site, Atlanta, GA (A4AB); 

(13) Raleigh Street Dump Superfund 

Site, Tampa, FL (A4J7); (14) Ross Metals 

Superfund Site, Rossville, Fayette 

County, TN (O4RO); (15) Still Meadow 

Battery Superfund Site, Valrico, FL 

(O4A2); (16) Magic Marker/Gould 

Battery Superfund Site, Trenton, NJ; 

(17) Bowers Battery Superfund Site, 

New Philadelphia, OH (B5S9); (18) 

Puente Valley Operable Unit of the San 

Gabriel Valley Superfund Sites, Area 

4,Industry, CA (O98V); (19) Operating 

Industries Superfund Site, Monterey 

Park, CA (O958); (20) Hamburg Old Gas 

Station Superfund Site, Hamburg, PA 

(A3ER); (21) Hamburg Schappelle Road 

Superfund Site, Hamburg, PA (A3EG). 

The Settlement Agreement also 

resolves the claims of the United States 

on behalf of NOAA for natural resource 

damages under Section 107(a) of 

CERCLA, 42 U.S.C. 9607(a), for the 

following two sites: NL Industries, Inc. 

Superfund Site, Pedricktown, Salem 

County, NJ; and Custom Distribution 

Services Site in Perth Amboy, 

Middlesex County, NJ. 

Under the Settlement Agreement, the 

Debtors have agreed to an allowed, 

general unsecured claim in the total 

amount of $67,599,678 to resolve their 

liability under Sections 106 and 107 of 

CERCLA and Section 7003 of RCRA at 

the 21 Liquidated and 2 NRD Sites. The 

Settlement Agreement also contains 

provisions pertaining to the treatment of 

three other categories of sites: DebtorOwned Sites, Additional Sites, and sites 

subject to Work Orders and Work 

Consent Decrees. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Settlement Agreement. 

Comments should be addressed to the 

Acting Assistant Attorney General, 

Environment and Natural Resources 

Division, and either e-mailed to 

pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to In re 

Exide, D.J. Ref. 90–11–2–07802. Persons 

may request an opportunity for a public 

meeting in the affected area in 

accordance with Section 7003(d) of 

RCRA, 42 U.S.C. 6973(d). 

The Settlement Agreement may be 

examined at the United States 

Environmental Protection Agency, Ariel 

Rios Building, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20004. 

During the public comment period, the 

Settlement Agreement may also be 

examined on the following Department 

of Justice Web site, to http:// 

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