[Federal Register Volume 76, Number 72 (Thursday, April 14, 2011)]
[Notices]
[Page 21006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8967]


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DEPARTMENT OF JUSTICE


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

    Under 28 CFR 50.7, notice is hereby given that on April 8, 2011, 
four proposed consent decrees signed by defendants Arch Coal, Inc., K&M 
Investors, Inc., Momentive Specialty Chemicals, Inc., and SWEPI LP were 
lodged in the civil action United States v. Arch Coal, Inc., et al., 
Civil Action No. 1:11-cv-00055, in the United States District Court for 
the Eastern District of Missouri, Southeastern Division.
    In this action the United States is seeking response costs pursuant 
to Section 107 of the Comprehensive Environmental Response, 
Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9607, for costs 
incurred in response to releases of hazardous substances at the 
Missouri Electric Works Superfund Site (``the Site''), in Cape 
Girardieu, Missouri. The proposed consent decrees will resolve the 
United States' claims against the four defendants under Section 107 of 
CERCLA, 42 U.S.C. 9607, at the Site. Under the terms of the proposed 
consent decree, the defendants will make the following cash payments to 
the United States:
    Arch Coal, $21,850.58; K&M Investors, $89,569.12; Momentive 
Specialty Chemicals, $2,441.70; and SWEPI, $31,167.05. In return, the 
United States will grant all four defendants covenants not to sue under 
CERCLA with respect to the Site. The Department of Justice will receive 
for a period of thirty (30) days after the date of this publication 
comments relating to the proposed consent decrees. Comments should be 
addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, P.O. Box 7611, U.S. Department of Justice, 
Washington, DC 20044-7611, and should refer to the proposed consent 
decrees with defendants Arch Coal, K&M Investors, Momentive Specialty 
Chemicals, and SWEPI in United States v. Arch Coal, Inc., et al., D.J. 
Ref. 90-11-2-614/3.
    The proposed consent decrees may be examined at the office of the 
United States Attorney, 111 S. 10th Street, 20th Floor, St. Louis, 
Missouri 63102. During the public comment period, the Consent Decrees 
may be examined on the following Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html and at the Consent Decree 
Library, P. O. Box 7611, U.S. Department of Justice, Washington, DC 
20044-7611 or by faxing a request to Tonia Fleetwood, 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 $18.00 (25 cents per page reproduction costs), payable to the 
U.S. Treasury.
    Public comments may be submitted by email to the following e-mail 
address: <a href="/cdn-cgi/l/email-protection#60101502030f0d0d050e144d0505134e050e1204201513040f0a4e070f16"><span class="__cf_email__" data-cfemail="75050017161a1818101b01581010065b101b0711350006111a1f5b121a03">[email protected]</span></a>.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2011-8967 Filed 4-13-11; 8:45 am]
BILLING CODE 4410-15-P


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