[Federal Register Volume 74, Number 191 (Monday, October 5, 2009)]
[Notices]
[Page 51171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23928]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on September 23, 2009, an electronic 
version of a proposed Consent Decree was lodged in the United States 
District Court for the District of Arizona in United States v. Apache 
Nitrogen Products, Inc., No. 4:09-CV-00542-JMR. The Consent Decree 
settles the United States' claims against Apache Nitrogen Products 
(``Apache'') under sections 106 and 107 of the Comprehensive 
Environmental Response, Compensation, and Liability Act, as amended, 
(``CERCLA''), 42 U.S.C. 9606 & 9607, in connection with the Apache 
Powder Superfund Site outside of Bensen, Arizona.
    Under the terms of the proposed Consent Decree, Apache will perform 
the remaining work at the Site, will pay $1,200,000 out of $7 million 
in past response costs, and will pay all future EPA oversight after the 
first $200,000. Apache will also relinquish a claim for reimbursement 
from the Superfund under 106(b) of CERLA, 42 U.S.C. 9706(b).
    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, and 
either e-mailed to <a href="/cdn-cgi/l/email-protection#8afaffe8e9e5e7e7efe4fea7efeff9a4efe4f8eecafff9eee5e0a4ede5fc"><span class="__cf_email__" data-cfemail="4b3b3e29282426262e253f662e2e38652e25392f0b3e382f2421652c243d">[email protected]</span></a> or mailed to P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States v. Apache Nitrogen Products, Inc., No. 4:09-CV-
00542-JMR and DOJ <greek-i>90-11-2-1088.
    The Consent Decree may be examined at the Office of the United 
States Attorney for the District of Arizona, 405 W. Congress Street, 
Suite 4800, Tucson, AZ 85701-5040. 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 e-mailing a request to Tonia Fleetwood, 
<a href="/cdn-cgi/l/email-protection#ff8b9091969ed199939a9a8b8890909bbf8a8c9b9095d1989089"><span class="__cf_email__" data-cfemail="bcc8d3d2d5dd92dad0d9d9c8cbd3d3d8fcc9cfd8d3d692dbd3ca">[email protected]</span></a>, 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 $74.50 (25 cents per 
page reproduction cost) payable to the U.S. Treasury.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. E9-23928 Filed 10-2-09; 8:45 am]
BILLING CODE 4410-15-P


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