60188 Federal Register / Vol. 69, No. 194 / Thursday, October 7, 2004 / Notices 

The proposed Decree requires the 

installation of NOX pollution control 

equipment at the Potomac River 

Generating Station and the Morgantown 

Generating Plant, over a period of 

several years. In addition, the proposed 

Decree imposes limitations on the NOX

emissions from all four plants that apply 

both annually and during the ozone 

season. 

The proposed Decree also requires 

Mirant to implement a series of 

environmental projects designed to 

reduce particulate matter emissions 

from the Potomac River Plant. They are 

described in the proposed Decree and 

are valued at about $1 million. In 

addition, Mirant also will pay a civil 

penalty of $250,000 to the United States, 

and a civil penalty of $250,000 to the 

Commonwealth of Virginia. 

Joining in the proposed Decree as coplaintiffs are the State of Maryland and 

the Commonwealth of Virginia. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the proposed Decree. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, PO Box 7611, U.S. Department 

of Justice, Washington, DC 20044–7611, 

and should refer to United States v. 

Mirant Potomac River LLC, Mirant MidAtlantic LLC, D.J. Ref. 90–5–2–1–07829. 

The proposed Decree may be 

examined at the offices of the United 

States Attorney, Eastern District of 

Virginia, 2100 Jamieson Avenue, 

Alexandria, Virginia, and at the offices 

of U.S. EPA Region 3, 1650 Arch Street, 

Philadelphia, PA 19103–2029. 

During the public comment period, 

the proposed Decree may also be 

examined on the following Department 

of Justice Web site, http://

www.usdoj.gov/enrd/open.html. A copy 

of the proposed 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 

(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 

$14.50 (25 cents per page reproduction 

cost) payable to the U.S. Treasury.

Catherine R. McCabe, 

Deputy Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division.

[FR Doc. 04–22524 Filed 10–6–04; 8:45 am] 

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Second 

Supplement to the Consent Decree 

Pursuant to the Safe Drinking Water 

Act 

In accordance with 28 CFR 50.7, 

notice is hereby given that a proposed 

Second Supplement to the Consent 

Decree in United States and State of 

New York, et al. v. City of New York, et 

al., Civil Action No. CV 97–2154 

(Gershon J.) (Gold, M.J.), was lodged 

with the United States District Court for 

the Eastern District of New York on 

September 23, 2004. In this action, the 

United States and the State of New York 

sought a court order requiring the City 

of New York to come into compliance 

with the Safe Drinking Water Act, 42 

U.S.C. 300f, et seq., and the Surface 

Water Treatment Rule, a National 

Primary Drinking Water Regulation, by 

installing filtration treatment for its 

Croton water supply system. 

On November 24, 1998, the Court 

entered a Consent Decree in this action 

which required the City, among other 

obligations, to select a site for, design, 

and construct the Croton filtration plant. 

The City selected a site for the plant at 

the Mosholu Golf Course in Van 

Cortlandt Park in the Bronx. However, 

on February 8, 2001, the New York State 

Court of Appeals held that the City 

could not construct the plant at the 

Mosholu Golf Course Site without first 

obtaining approval from the New York 

State Legislature. The City sought, but 

did not promptly obtain legislative 

approval to construct the plant at the 

Mosholu Golf Course Site. 

In view of the lack of legislative 

approval for the Mosholu Golf Course 

Site in 2001–2002, the parties to the 

Consent Decree negotiated in 2001 and 

the Court entered in 2002 a first 

Supplement to the Consent Decree 

(‘‘first Supplement’’), which required 

the City to select a new site and 

modified the deadlines for construction 

of the filtration plant. The City 

identified two alternative sites for 

construction of the filtration plant, a site 

in the Town of Mount Pleasant in 

Westchester County, denominated the 

Eastview Site, and a site adjacent to the 

Harlem River in Bronx County, 

denominated the Harlem River Site. The 

first Supplement to the Consent Decree 

required the City to conduct some initial 

study and design work relating to the 

Eastview Site and the Harlem River Site 

and to identify its preferred site in a 

draft environmental impact statement to 

be submitted on April 30, 2003. The 

City was to select one of these two sites 

or, if legislative approval for the 

Mosholu Golf Course Site was obtained 

by April 15, 2003 and other 

requirements were met, the City could 

instead select the Mosholu Golf Course 

Site. 

Legislative approval for the Mosholu 

Golf Course Site was not obtained by 

April 15, 2003. The City failed to select 

a preferred site under the requirements 

of the first Supplement by April 30, 

2003. However, on June 20, 2003, the 

State legislature passed a bill allowing 

use of the Mosholu Golf Course Site for 

the Croton filtration plant, which was 

signed into law on July 22, 2003. The 

State legislation also required that the 

City conduct a supplemental 

environmental impact statement prior to 

selecting the preferred filtration plant 

site. 

On June 30, 2004, the City completed 

a final supplemental environmental 

impact statement and selected the 

Mosholu Golf Course Site as its 

preferred site for the Croton filtration 

plant. The City also selected the 

Eastview Site as its backup site for the 

Croton filtration plant.

As a result of the City’s failure to 

comply with the April 30, 2003 

deadline for selecting its preferred site 

and the later enactment of the State 

legislation, the Parties have negotiated a 

further modification of the Consent 

Decree, which is set forth in the Second 

Supplement to the Consent Decree 

(‘‘Second Supplement’’). The Second 

Supplement supercedes the first 

Supplement. 

The Second Supplement sets forth a 

modified schedule for the City to 

construct filtration facilities. Consistent 

with the terms of the Second 

Supplement, the City selected its 

preferred and backup sites. The Second 

Supplement requires the City to 

complete construction of the Croton 

filtration plant at is preferred site, the 

Mosholu Golf Course Site, by May 1, 

2011, and commence full operation of 

the Croton filtration plant by October 

31, 2011. The Second Supplement also 

provides that, if the United States, State, 

or the City determines during the course 

of implementation of the Second 

Supplement that the City cannot 

complete the plant at the preferred site 

within the schedule set forth in the 

Second Supplement or within a 

reasonable time period agreed to by the 

parties, the City shall construct the 

plant at its backup site, the Eastview 

Site. In addition, the Second 

Supplement provides for continued 

implementation of interim measures 

and for payment by the City of 

stipulated penalties in the amount of 

$180,000 for its failure to select a 

preferred site timely in accordance with 

Federal Register / Vol. 69, No. 194 / Thursday, October 7, 2004 / Notices 60189

the first Supplement. The City will also 

spend up to $225,000 for an expert 

consultant to be retained by the United 

States and State to assess the feasibility 

of expediting the City’s construction 

schedule. 

The Department of Justice will 

receive, for a period of thirty (30) days 

from the date of this publication, 

written comments relating to the 

proposed Second Supplement. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, Department of Justice, c/o 

Deborah B. Zwany, Assistant U.S. 

Attorney, Eastern District of New York, 

One Pierrepont Plaza, 14th Floor, 

Brooklyn, New York 11201, and should 

refer to United States and State of New 

York v. City of New York, D.J. Ref. 90–

5–1–1–4429. A copy of the comments 

should also be sent to Chief, 

Environmental Enforcement Section, 

U.S. Department of Justice, PO Box 

7611, Washington, DC 20044. 

The proposed Second Supplement 

may be examined at the office of the 

United States Attorney for the Eastern 

District of New York, One Pierrepont 

Plaza, 14th Floor, Brooklyn, New York 

11201, and at the U.S. Environmental 

Protection Agency, Region II office, 290 

Broadway, New York, New York 10007. 

During the public comment period, the 

Second Supplement may also be 

examined on the following Department 

of Justice Web site: http://

www.usdoj.gov/enrd/open.html. A copy 

of the Second Supplement may also be 

obtained by mail from the Consent 

Decree Library, PO Box 7611, 

Washington, DC 20044–7611, or by 

faxing or emailing 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 $18.00 (25 cent per 

page reproduction costs) for the Second 

Supplement, payable to the U.S. 

Treasury.

Karen S. Dworkin, 

Assistant Chief Environmental Enforcement 

Section, Environment & Natural Resources 

Division.

[FR Doc. 04–22526 Filed 10–6–04; 8:45 am] 

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree 

Pursuant to the Comprehensive 

Environmental Response, 

Compensation and Liability Act 

In accordance with 28 CFR 50.7 and 

section 122 of the Comprehensive 

Environmental Response, Compensation 

and Liability Act (‘‘CERCLA’’), 42 U.S.C. 

9622, the Department of Justice gives 

notice that a proposed First Amendment 

to the Consent Decree, in United States

v. The Upjohn Co. et al. v. ABF Freight 

System, Inc., et al. Civil No. 1:92–CV–

659 (W.D. Mich.), was lodged with the 

United States District Court for the 

Western District of Michigan on 

September 10, 2004, pertaining to the 

West KL Avenue Landfill Superfund 

Site (the ‘‘Site’’), located on West KL 

Avenue, Oshtemo Township, 

Kalamazoo County, Michigan. The 

proposed First Amendment to the 

Consent Decree amends a Consent 

Decree entered by the Court in 1992 that 

resolved the United States’ civil claims 

under sections 106 and 107 of CERCLA, 

42 U.S.C. 9606 and 9607, against 

Pharmacia Corp., successor to The 

Upjohn Company; Kalamazoo County; 

Charter Township of Oshtemo; the City 

of Kalmazoo (collectively, the 

‘‘Performing Settling Defendants’’); and 

219 additional Third-Party Defendant 

generators at the Site (all defendants, 

collectively, the ‘‘Settling Defendants’’). 

Under the proposed First Amendment 

to the Consent Decree, the Performing 

Settling Defendants are obligated to 

implement a Record of Decision 

(‘‘ROD’’) Amendment, issued by the 

U.S. Environmental Protection Agency 

(‘‘EPA’’) on February 27, 2003, of a 1990 

ROD for the Site. The ROD Amendment 

requires the establishment of a new 

municipal water service zone or 

alternative institutional controls around 

a newly discovered area of groundwater 

contamination and a buffer zone within 

a determined area extending beyond the 

contamination, in which every property 

in the zone will be hooked up to the 

City of Kalmazoo’s municipal water 

system, and in which groundwater use 

will be restricted. The ROD Amendment 

revises the groundwater cleanup 

standards established in the original 

1990 ROD, replacing the Michigan Act 

307 type B standards with the current 

residential standards established under 

Part 201 of the Natural Resources and 

Environmental Protection Act, 1994 PA 

451, as amended (formerly known as 

Michigan Act 307). The ROD 

Amendment also provides for the 

continuation of natural attenuation 

studies and calls for the preparation of 

the landfill cap design to continue while 

those studies are underway. 

Under the proposed First Amendment 

to Consent Decree, Plaintiff and the 

Performing Settling Defendants agree to 

modify the terms of the Consent Decree, 

as provided by Paragraph 85 of the 

Consent Decree, to require the 

Performing Settling Defendants to 

implement the provisions of the 

February 27, 2003 ROD Amendment. 

The Settling Defendants other than the 

Performing Settling Defendants are not 

signatories to the proposed First 

Amendment to the Consent Decree. 

However, the First Amendment to the 

Consent Decree does not add to or 

change any of the settlement obligations 

of the Settling Defendants other than the 

Performing Settling Defendants, and 

none of the settling Third-Party 

Defendants will have any obligations to 

implement the provisions of the 

February 27, 2003 ROD Amendment. 

To facilitate future modifications to 

the Consent Decree regarding 

implementation of the Work, if any, the 

First Amendment to the Consent Decree 

also effectively modifies the provisions 

of Paragraph 85 in the Consent Decree 

so that notification to the Settling 

Defendants other than the Performing 

Settling Defendants for any future 

material modifications to the Work 

under the Consent Decree will not be 

required.

The Department of Justice will 

receive, for a period of thirty (30) days 

from the date of this publication, 

comments relating to the proposed First 

Amendment to the Consent Decree. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, United States Department of 

Justice, PO Box 7611, Washington, DC 

20044–7611, and should refer to United 

States v. The Upjohn Co. et. a., v. ABF 

Freight System, Inc., et al., Civil No. 

1:92–CV–659 (W.D. Mich.), and DOJ 

Reference No. 90–11–2–561. 

The proposed First Amendment to the 

Consent Decree may be examined at: (1) 

the Office of the United States Attorney 

for the Western District of Michigan, 

330 Ionia Ave. NW., Suite 501, Grand 

Rapids, MI 49503, (616–456–2404); and 

(2) the United States Environmental 

Protection Agency (Region 5), 77 West 

Jackson Blvd., Chicago, IL 60604–3507 

(contact: Stuart Hersh (312–886–6235)). 

During the public comment period, 

the proposed First Amendment to the 

Consent Decree may also be examined 

on the following U.S. Department of 

Justice Web site, http://usdoj.gov/enrd/

open.html. A copy of the proposed First 

Amendment to the Consent Decree may 

also be obtained by mail from the