Federal Register / Vol. 74, No. 151 / Friday, August 7, 2009 / Notices 39713 

for Secondary Aluminum Production, 

codified at 40 CFR part 63, subparts A 

and RRR; and related provisions of state 

and local law at 15 of its secondary 

aluminum production facilities. 

Specifically, the Amended Complaint 

alleges that Aleris failed to demonstrate 

compliance with emission standards 

through valid performance testing, to 

design and install adequate capture and 

collection systems, to correctly establish 

and monitor operating parameters, and 

to comply with recordkeeping and 

reporting requirements. 

The Consent Decree would require 

Aleris to improve its capture of 

emissions at each emission unit, retest 

every emission unit using model test 

protocols, adopt new monitoring 

practices, use model recordkeeping and 

reporting documents, and install an 

additional control device and 

monitoring equipment at particular 

facilities. The Consent Decree would 

also provide for a $4.6 million civil 

penalty, to be allowed as a prepetition 

general unsecured claim in Aleris’s 

pending bankruptcy proceeding in the 

United States Bankruptcy Court for the 

District of Delaware. 

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, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States et al. v. Aleris International, Inc. 

et al., D.J. Ref. No. 90–5–2–1–08603. 

The Consent Decree may be examined 

at the Office of the United States 

Attorney, Northern District of Ohio, 801 

W. Superior Avenue, Suite 400, 

Cleveland, OH 44113, and at the United 

States Environmental Protection 

Agency, Ariel Rios Building, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460. 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/ 

Consent_Decrees.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 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 $95.50 for a copy of 

the complete Consent Decree (25 cents 

per page reproduction cost), or $21.00 

for a copy without appendices, 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. 

Maureen Katz, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. E9–18972 Filed 8–6–09; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Comprehensive 

Environmental Response, 

Compensation and Liability Act 

Notice is hereby given that on August 

4, 2009, a proposed Consent Decree in 

United States of America et al. v. AK 

Steel Corporation, et al., Civil Action 

No. 97–1863 was lodged with the 

United States District Court for the 

Western District of Pennsylvania. 

The Consent Decree is identical to one 

lodged on June 1, 2009, in the same 

matter (‘‘original decree’’), except that it 

eliminates one settling party, General 

Motors Corporation, due to its pending 

bankruptcy. The Consent Decree 

resolves the United States’ claims 

against 35 parties at the Breslube Penn 

Superfund Site, located in Coraopolis, 

Moon Township, Pennsylvania. Those 

claims were brought under Section 107 

of the Comprehensive Environmental 

Response, Compensation and Liability 

Act, 42 U.S.C. 9607. The Settling 

Defendants consist of two groups, eight 

Performing Defendants and 27 NonPerforming Defendants. The 

Commonwealth of Pennsylvania has 

signed the Consent Decree and has filed 

a separate complaint. 

The Consent Decree requires that 

Performing Defendants fund and 

perform the remedy selected in EPA’s 

August 2007 Record of Decision. The 

estimated cost of the remedy is 

$8,070,000, and may increase to 

$12,610,000 if EPA decides two 

contingent remedies are necessary. The 

settlement also recovers past costs of the 

United States ($3,037,491.61), past costs 

of the Commonwealth ($41,356.04), and 

includes an agreement to pay all future 

response costs. 

The Department of Justice published 

notice of the original decree in the 

Federal Register on June 8, 2009, 74 FR 

27181, and the public was invited to 

submit comments for the thirty day 

period ending July 8, 2009. No 

comments were received. The 

Department of Justice will receive for an 

additional period of fifteen (15) days 

from the date of this publication 

comments relating to the elimination of 

General Motors Corporation from the 

settlement. Comments should be 

addressed to the Assistant Attorney 

General, Environmental 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 United 

States of America et al. v. AK Steel 

Corporation, et al., Civil Action No. 97– 

1863 (W.D. PA), D.J. Ref. 90–11–3–1762. 

The Decree may be examined at U.S. 

EPA Region 3, 1650 Arch Street, 

Philadelphia, PA 19103. During the 

public comment period, the Decree may 

also be examined on the following 

Department of Justice Web site, http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

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 $23.25 (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. 

Maureen Katz, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. E9–18973 Filed 8–6–09; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Amendment to Consent Decree Under 

the Comprehensive Environmental 

Response, Compensation and Liability 

Act, Clean Water Act, and the 

Pennsylvania Hazardous Sites Cleanup 

Act 

Notice is hereby given that on August 

3, 2009, a proposed Amendment to 

Consent Decree (‘‘Amendment’’), 

pertaining to United States v. 

Horsehead Industries Inc., 3:CV–98– 

0654, was lodged with the United States 

District Court for the Middle District of 

Pennsylvania. The proposed 

Amendment amends the consent decree 

entered by the Court on November 21, 

2003 (‘‘2003 Decree’’), which addressed 


pwalker on DSK8KYBLC1PROD with NOTICES
39714 Federal Register / Vol. 74, No. 151 / Friday, August 7, 2009 / Notices 

certain claims of the United States 

under Sections 106 and 107 of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act of 1980, as amended (‘‘CERCLA’’), 

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

response costs and remedial actions 

relating to the Palmerton Zinc Pile 

Superfund Site (‘‘Site’’) in Palmerton, 

Pennsylvania. 

The proposed Amendment (1) 

substitutes and/or adds parties as 

Settling Defendants under the 2003 

Decree and this Amendment, taking into 

account several corporate 

reorganizations and other transactions 

and events that have occurred since 

entry of the 2003 Decree; and (2) 

resolves, in a manner consistent with 

the ongoing remedial process at the Site, 

certain claims of the United States of 

America (‘‘United States’’) and the 

Commonwealth of Pennsylvania 

(‘‘Commonwealth’’) for Natural 

Resource Damages (‘‘NRD’’) under 

Sections 107(a)(4)(C) and 107(f) of 

CERCLA, 42 U.S.C. 9607(a)(4)(C) and (f), 

Sections 311(f)(4) and (5) of the Clean 

Water Act (‘‘CWA’’), 33 U.S.C. 1321(f)(4) 

and (5), and Section 702(a) of the 

Pennsylvania Hazardous Sites Cleanup 

Act (‘‘HSCA’’), 35 P.S. § 6020.702(a). 

Under the terms of the Amendment, 

the Defendants will make a payment of 

$9.875 million to be used to restore, 

replace, or acquire the equivalent of 

natural resources injured as a result of 

releases of hazardous substances at the 

Palmerton Zinc site. The Defendants 

will also pay $2.5 million for damage 

assessment costs. In addition, the 

Defendants will transfer twelve hundred 

acres of valuable property to the 

Pennsylvania Game Commission and 

discharge a mortgage on a nature center 

located at the Lehigh Gap. 

The Department of Justice will 

receive, for a period of thirty (30) days 

from the date of this publication, 

comments relating to the Amendment. 

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, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. Horsehead Industries Inc., DOJ 

No. 90–11–2–271/4. The proposed 

Amendment may be examined at the 

Offices of the Environmental Protection 

Agency, Region 3, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103 

(contact Assistant Regional Counsel 

Cynthia Nadolski (215) 814–2673) and 

at the Office of the United States 

Attorney for the Middle District of 

Pennsylvania, Harrisburg Federal Bldg. 

and Courthouse, 228 Walnut Street, 

Suite 220, P.O. Box 11754, Harrisburg, 

PA 17108–1754 (contact Assistant U.S. 

Attorney D. Brian Simpson (717) 221– 

4482). During the public comment 

period, the Amendment may also be 

examined on the following Department 

of Justice Web site: http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

proposed Amendment 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 

$33.50 (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. 

Maureen Katz, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. E9–18971 Filed 8–6–09; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Federal Bureau of Prisons 

Notice of Intent To Prepare a Draft 

Environmental Impact Statement 

(DEIS) for Housing Approximately 

1,380 Low-Security, Adult Male 

Inmates, That Are Predominantly 

District of Columbia Sentenced Felons 

and Criminal Aliens at a Privately 

Owned Institution in Winton, NC or 

Princess Anne, MD 

AGENCY: U.S. Department of Justice, 

Federal Bureau of Prisons. 

ACTION: Notice. 

SUMMARY: Pursuant to section 102(2)(c) 

of the National Environmental Policy 

Act (NEPA) of 1969, as implemented by 

the Council on Environmental Quality 

Regulations (40 Code of Federal 

Regulations [CFR] parts 1500–1508), the 

Federal Bureau of Prisons (BOP) intends 

to prepare a Draft Environmental Impact 

Statement (DEIS) and conduct Public 

Scoping Meetings for the proposed 

housing of inmates under the District of 

Columbia (DC) III solicitation, at a 

facility in Winton, North Carolina or 

Princess Anne, Maryland. 

SUPPLEMENTARY INFORMATION: The 

mission of the United States Department 

of Justice, BOP, is to protect society by 

confining offenders in the controlled 

environments of prison and communitybased facilities that are safe, humane, 

cost-efficient, and appropriately secure, 

and that provide work and other selfimprovement opportunities to assist 

offenders in becoming law-abiding 

citizens. The BOP accomplishes its 

mission through the appropriate use of 

community correction, detention, and 

correctional facilities that are either: 

federally-owned and operated; federally 

owned and non-federally operated; and 

non-federally owned and operated. 

Proposed Action 

The BOP is facing a period of 

unprecedented growth in its inmate 

population. Projections show the 

Federal inmate population increasing 

from approximately 201,600 inmates at 

the end of fiscal year 2008 to 212,000 

inmates by the end of fiscal year 2010. 

As such, the demand for bed space 

within the Federal prison system 

continues to grow at a significant rate. 

To accommodate a portion of the 

growing inmate population, the BOP 

proposes to contract with a contractor 

owned and operated correctional facility 

that can house approximately 1,380 

low-security, adult male inmates, that 

are predominantly District of Columbia 

sentenced felons and criminal aliens. 

Proposals received by the BOP from 

private contractors include an existing 

facility in Winton, Hertford County, 

North Carolina and new construction at 

a site in Princess Anne, Somerset 

County, Maryland. The BOP has 

preliminarily evaluated these proposals 

and determined that the prospective 

facility/sites appear to be of sufficient 

size to provide space for inmate 

housing, programs, administrative 

services and other support facilities 

associated with the correctional facility. 

The DEIS to be prepared by the BOP 

will analyze the potential impacts of 

correctional facility construction and/or 

operation at these locations. 

The Process 

In the process of evaluating the sites, 

several aspects will receive detailed 

examination including, but not limited 

to: Topography, geology/soils, 

hydrology, biological resources, utility 

services, transportation services, 

cultural resources, land uses, socioeconomics, hazardous materials, and air 

and noise quality, among others. 

Alternatives 

In developing the DEIS, the options of 

‘‘no action’’ and ‘‘alternative sites’’ for 

the proposed facility will be fully and 

thoroughly examined. 


pwalker on DSK8KYBLC1PROD with NOTICES