76958 Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Notices 

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree 

Under the Comprehensive 

Environmental Response 

Compensation and Liability Act 

(‘‘CERCLA’’) 

Pursuant to 28 CFR 507 notice is 

hereby given that on December 10, 2004, 

a proposed Consent Decree in the case 

of United States v. MW Custom Papers, 

LLC et al. Civil Action No. 1:04–CV–

383, was lodged with the United States 

District Court for the Eastern District of 

Tennessee. 

In this action, the United States 

sought injunctive relief and recovery of 

response costs under Sections 106(a) 

and 107 of CERCLA, 42 U.S.C. 9606(a) 

and 9607, to remedy conditions in 

connection with the release or 

threatened release of hazardous 

substances into the environment at the 

Tennessee Products Superfund Site in 

Chattanooga, Tennessee (hereinafter 

referred to as the ‘‘Site’’). The Settlors 

under the proposed Consent Decree, 

MW Custom Papers, LLC, Reilly 

Industries, Inc., and Southern Wood 

Piedmont Company, each arranged for 

the disposal of hazardous substances at 

the Site. 

Under a proposed Consent Decree, the 

Settlors have agreed to perform the 

remedy chosen by EPA to clean up the 

Site, and to pay $6.35 million which 

will go towards the cleanup and partial 

reimbursement of EPA’s past response 

costs. The United States has also agreed 

to pay $17.4 million in settlement of its 

liability at the Site. 

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

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. MW Custom Papers, LLC et al.,

D.J. Ref. 90–11–3–1709/1. 

The Consent Decree may be examined 

at U.S. EPA Region 4, 61 Forsyth Street, 

Atlanta, Georgia, 30303—Attn: William 

Sapp. During the public comment 

period, the Consent Decree, may also be 

examined on the following Department 

of Justice Web site, http://

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

A copy of the Consent 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 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 of the Decree from the Consent 

Decree Library, please enclose a check 

in the amount of $95.00 (25 cents per 

page reproduction cost for 380 pages) 

payable to the U.S. Treasury. In 

requesting a copy of the Consent Decree, 

exclusive of exhibits, please enclose a 

check in the amount of $21.25 (25 cents 

per page reproduction cost for 85 pages) 

payable to the U.S. Treasury.

Ellen M. Mahan, 

Assistant Section Chief, Environmental 

Enforcement Section.

[FR Doc. 04–28045 Filed 12–22–04; 8:45 am] 

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Proposed 

Consent Decree Under the Clean Water 

Act 

Under 28 CFR 50.7, notice is hereby 

given that on December 9, 2004, a 

proposed Consent Decree in United 

States v. City of Reading, Pennsylvania,

Civil Action No. 04–5696, was lodged 

with the United States District Court for 

the Eastern District of Pennsylvania, 

simultaneously with a complaint. 

The complaint alleges discharges of 

pollutants and other violations of the 

Clean Water Act, 33 U.S.C. 1251 et seq.,

by the City of Reading and seeks 

injunctive relief and civil penalties for 

its operation of its sewage treatment 

plant. 

The consent decree lodged 

concurrently with the complaint 

resolves the claims in the complaint and 

obligates the City of Reading to pay a 

civil penalty of $239,000 to be divided 

equally between the United States and 

the Commonwealth of Pennsylvania. In 

the settlement, the City agrees to 

extensive remedies to or replacements 

of parts of the existing sewage treatment 

plant. The City also will perform a 

Supplemental Environmental Project in 

the Angelica Park wetlands. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the proposed Consent Decree. 

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 United 

States v. City of Reading, DOJ #90–5–1–

1–07869 and Civil Action No. 04–5696. 

The Consent Decree may be examined 

at the Office of the United States 

Attorney, Eastern District of 

Pennsylvania, c/o Margaret Hutchinson, 

615 Chestnut Street, Suite 1250, 

Philadelphia, PA, 19106, and at U.S. 

EPA Region III, 1650 Arch Street, 

Philadelphia, PA 19103–2029. During 

the public comment period, the Consent 

Decree may also be examined on the 

following Department of Justice Web 

site, http://www.usdoj.gov/enrd/

open.html. A copy of the Consent 

Decree may also be obtained by mail 

from the Consent Decree Library, P.O. 

Box 7611, U.S. Department of Justice, 

Washington, D.C. 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 $14.00, payable to the 

U.S. Treasury.

Robert Brook, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division.

[FR Doc. 04–28046 Filed 12–22–04; 8:45 am] 

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Partial Consent 

Decree Under the Solid Waste Disposal 

Act (a.k.a the Resource Conservation 

and Recovery Act, ’’RCRA’’) 

Under 28 CFR 50.7, notice is hereby 

given that on December 3, 2004, a 

complaint was filed and a proposed 

consent Decree was lodged in United 

States v. United States Ceramic Tile 

Company, et al., Civil Action Number 

5:04 CV 2394, with the United States 

District Court for the Northern District 

of Ohio. 

This Consent Decree resolves 

specified claims against the United 

States Ceramic Tile Company (‘‘U.S. 

Ceramic‘‘) under the Solid Waste 

Disposal Act, 42 U.S.C.A. 6901, et seq.

U.S. Ceramic Tile owns and operates a 

ceramic tile manufacturing facility at 

10233 Sandyville Road, East Sparta, 

Ohio. 

The proposed consent decree 

obligates U.S. Ceramic to (1) undertake 

certain additional work to correct the 

improper closure of its facility’s surface 

impoundment and waste pile; (2) pay 

$1.27 million in stipulated penalties for 

all of its violations of a prior court filed 

consent decree; and (3) conduct 

investigations of and perform all 

corrective measures necessary at its 

facility solid waste management units. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the proposed consent decree. 

Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Notices 76959

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 United 

States v. United States Ceramic Tile 

Company, et al., D.J. Ref. 90–7–1–376C. 

The proposed consent decree may be 

examined at U.S. EPA Region V, 77 

West Jackson Blvd, Chicago, IL 60604–

3590. During the public comment 

period, the proposed consent 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 consent 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 of the proposed consent decree, 

please enclose a check in the amount of 

$45.75, payable to the U.S. Treasury, for 

reproduction costs.

William D. Brighton, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division.

[FR Doc. 04–28044 Filed 12–22–04; 8:45 am] 

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Foreign Claims Settlement 

Commission 

[F.C.S.C. Meeting Notice No. 1–04] 

Sunshine Act Meeting Notice 

The Foreign Claims Settlement 

Commission, pursuant to its regulations 

(45 CFR Part 504) and the Government 

in the Sunshine Act (5 U.S.C. 552b), 

hereby gives notice in regard to the 

scheduling of meetings for the 

transaction of Commission business and 

other matters specified, as follows:

DATE AND TIME: Thursday, December 30, 

2004, at 11 a.m.

SUBJECT MATTER: Issuance of Proposed 

Decisions in claims against Albania.

STATUS: Open.

All meetings are held at the Foreign 

Claims Settlement Commission, 600 E 

Street, NW., Washington, DC. Requests 

for information, or advance notices of 

intention to observe an open meeting, 

may be directed to: Administrative 

Officer, Foreign Claims Settlement 

Commission, 600 E Street, NW., Room 

6002, Washington, DC 20579. 

Telephone: (202) 616–6988.

Dated at Washington, DC. 

Mauricio J. Tamargo, 

Chairman.

[FR Doc. 04–28207 Filed 12–21–04; 3:16 pm] 

BILLING CODE 4410–01–P

DEPARTMENT OF LABOR

Employment and Training 

Administration 

[TA–W–55,871] 

Merrow Machine Company, Newington, 

CT; Notice of Termination of 

Investigation 

Pursuant to Section 221 of the Trade 

Act of 1974, as amended, an 

investigation was initiated on October 

27, 2004 in response to a worker 

petition filed by International Union of 

Electronic, Electrical, Salaried, Machine 

and Furniture Workers—

Communications Workers of America, 

Local 249, on behalf of workers at 

Merrow Machine Company, Newington, 

Connecticut. 

The Department issued a negative 

determination (TA–W–55,871) 

applicable to the petitioning group of 

workers on July 13, 2004. No new 

information or change in circumstances 

is evident which would result in a 

reversal of the Department’s previous 

determination. Consequently, further 

investigation would serve no purpose, 

and the investigation has been 

terminated.

Signed at Washington, DC, this 2nd day of 

December, 2004. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance.

[FR Doc. 04–28038 Filed 12–22–04; 8:45 am] 

BILLING CODE 4510–30–M

DEPARTMENT OF LABOR

Mine Safety and Health Administration 

Petitions for Modification 

The following parties have filed 

petitions to modify the application of 

existing safety standards under section 

101(c) of the Federal Mine Safety and 

Health Act of 1977. 

1. W.A. Mining, Inc. 

[Docket No. M–2004–050–C] 

True Line, Inc., P.O. Box 85, Thorpe, 

West Virginia 24888 has filed a petition 

for W. A. Mining, Inc., to modify the 

application of 30 CFR 77.214(a) (Drawoff tunnels; stockpiling and reclaiming 

operations; general) to its Caretta Mine 

No. 2 (MSHA I.D. No. 46–08240) located 

in McDowell County, West Virginia. 

The petitioner proposes to remove an 

old abandoned refuse pile near the mine 

site and backfill the mine bench with 

the refuse material in accordance with 

Surface Mining Coal Reclamation Act 

(SMCRA) regulations. The petitioner 

asserts that the proposed alternative 

method would provide at least the same 

measure of protection as the existing 

standard. 

2. Kingwood Mining Company, LLC 

[Docket No. M–2004–051–C] 

Kingwood Mining Company, LLC, 

Route 1, Box 294C, Newburg, West 

Virginia 26410 has filed a petition to 

modify the application of 30 CFR 

75.364(b)(2) (Weekly examination) to its 

Whitetail K-Mine (MSHA I.D. No. 46–

08751) located in Preston County, West 

Virginia. The petitioner proposes to: (i) 

examine the airway of the return air 

course in its entirety up to both sides of 

the area in question (16XC and 20XC) 

due to deteriorating roof conditions, the 

affected area cannot be traveled in its 

entirety; and (ii) provide date boards at 

both ends of the affected area and have 

a certified person examine the area on 

a weekly basis to measure for quantity 

and quality of air outby (downwind) 

location (16XC) and record results of the 

measurements in a book and made 

available to interested parties. The 

petitioner asserts that the proposed 

alternative method would provide at 

least the same measure of protection as 

the existing standard. 

Request for Comments 

Persons interested in these petitions 

are encouraged to submit comments via 

Federal eRulemaking Portal: http://

www.regulations.gov; E-mail: 

Comments@MSHA.gov; Fax: (202) 693–

9441; or Regular Mail/Hand Delivery/

Courier: Mine Safety and Health 

Administration, Office of Standards, 

Regulations, and Variances, 1100 

Wilson Boulevard, Room 2350, 

Arlington, Virginia 22209. All 

comments must be postmarked or 

received in that office on or before 

January 24, 2005. Copies of these 

petitions are available for inspection at 

that address.

Dated at Arlington, Virginia this 16th day 

of December 2004. 

Marvin W. Nichols, Jr., 

Director, Office of Standards, Regulations, 

and Variances.

[FR Doc. 04–28082 Filed 12–22–04; 8:45 am] 

BILLING CODE 4510–43–P