75272 Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Notices 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Comprehensive 

Environmental Response, 

Compensation and Liability Act 

Notice is hereby given that on October 

13, 2006, a proposed Consent Decree 

(‘‘Decree’’) in United States v. L.A.D. 

General Contractors, et al., Civil Action 

No. 06–4560 was lodged with the 

United States District Court for the 

Eastern District of Pennsylvania. 

In this action the United States sought 

from defendants Andrew DiDio III, 

Laura Ann DiDio and LAD General 

Contractors, Inc. (a corporation owned 

and operated by the DiDio’s) recovery of 

$1.16 million in response costs incurred 

by EPA at the Andela and River Bend 

Superfund Sites in Warwick Township, 

Bucks County, Pennsylvania. 

Defendants previously performed 

certain cleanup actions under EPA’s 

direction. In this settlement, defendants 

will pay $100 to defray part of EPA’s 

past costs. The amount of the settlement 

is based on defendants’ very limited 

ability to pay. They receive from the 

United States a covenant not to sue 

under Sections 106 and 107(a) of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act with respect to 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 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. L.A.D. General contractors, et 

al. (E.D.Pa.), D.J. Ref. 90–11–3–08354/1. 

The Decree may be examined at the 

Office of the United States Attorney, 

Eastern District of Pennsylvania, 615 

Chestnut Street, Suite 1250, 

Philadelphia, PA 19106, and at U.S. 

EPA Region III, 150 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 $4.00 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury or, if by email or fax, 

forward a check in that amount to the 

consent Decree Library at the stated 

address. 

Robert Brook, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 06–9672 Filed 12–13–06; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Consent Decree Pursuant to 

the Clean Water Act 

In accordance with Departmental 

Policy, 28 CFR 50.7, notice is hereby 

given that a proposed consent decree in 

United States v. McCann Resources, Inc. 

and Mark W. McCann, Civ. No. 04 cv 

744 TCK–FHM (N.D. Ok.), DOJ #90–5–

1–1–07876, was lodged in the United 

States District Court for the Northern 

District of Oklahoma on November 28, 

2006. The Decree will resolve the 

liability of the named Defendants to the 

United States for their violations of 

Section 1423(b) of the Safe Drinking 

Water Act, 42 U.S.C. 300h–2(b), and 

Sections 301 and 311 of the Clean Water 

Act, 33 U.S.C. 1311 and 1321, and 

regulations promulgated thereunder, 

during their operation of oil production 

facilities in Osage County, Oklahoma. 

Under the proposed Consent Decree, 

Defendants are required to perform 

injunctive relief at all their facilities in 

Oklahoma and jointly pay a civil 

penalty. Specifically, they will (a) take 

corrective action to bring the oil 

production facilities into compliance 

with federal law in accordance with the 

recommendations of an environmental 

consultant and other measures specified 

in the Decree, (b) remediate soils 

damaged by brine discharges, (c) adopt 

a stringent operation and maintenance 

program to prevent future discharges, 

(d) update Spill Prevention Control and 

Countermeasures plans, and (e) plug 

and/or test injection wells pursuant to 

Underground Injection Control 

regulations according to a schedule. 

Additionally, Defendants will jointly 

pay a civil penalty of $11,000 based on 

a qualified financial analyst’s 

assessment of their limited ability to pay 

a penalty while performing injunctive 

relief. 

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. McCann Resources, Inc. and 

Mark W. McCann, Civ., DOJ #90–5–1–1–

07876. The proposed Consent Decree 

may be examined at the Office of the 

United States Attorney, Northern 

District of Oklahoma, 333 West 4th 

Street, Suite 3460, Tulsa, Oklahoma 

74103–3809, and at U.S. EPA Region 6, 

1445 Ross Avenue, Suite 1200, Dallas, 

Texas, 75202. During the public 

comment period, the proposed Consent 

Decree may be examined on the 

following Department of Justice Web 

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

Consent_Decrees.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 from the Consent Decree Library, 

please enclose a check in the amount of 

$11.75 for the Consent Decree, or $41.50 

for the Consent Decree with appendices 

(25 cents per page reproduction cost) 

payable to the U.S. Treasury. 

Thomas A. Mariani, Jr., 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 06–9673 Filed 12–13–06; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Filing of Proposed 

Amendment to the Consent Decree 

Between the United States, the State of 

New Jersey, and PSEG Fossil LLC To 

Resolve Certain Alleged Violations of 

the Clean Air Act 

Notice is hereby given that on 

November 30, 2006, the United States 

filed with the United States District 

Court for the District of New Jersey, in 

Case No. 02–CV–340, a motion for 

judicial approval of a proposed 

amendment (‘‘Amendment’’) to the 

consent decree entered on July 26, 2002 

(the ‘‘Consent Decree’’) which resolved 

certain claims of the United States and 

New Jersey against PSEG Fossil LLC 

(‘‘PSEG’’) under the Prevention of 

Significant Deterioration and New 

Source Review provisions of the Clean 

Air Act, 42 U.S.C. 7470–7492. 

The Amendment follows a request by 

PSEG for additional time in which to 

install and commence operation of the 

pollution control technologies specified 


rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Notices 75273 

in the Consent Decree at Unit 2 of its 

Hudson plant, the largest coal-fired 

electricity generating unit in PSEG’s 

New Jersey fleet. In exchange for 

allowing PSEG to follow a revised 

compliance schedule that will delay the 

installation of controls at this unit, the 

United States and New Jersey have 

secured commitments from PSEG to 

install and operate emission controls 

and implement emission reductions 

measures at this unit and at other units 

in the PSEG system to ensure that the 

Amendment’s emission reductions are 

equivalent to, and certain aspects 

superior to, the original Consent Decree. 

the proposed amendment also requires 

PSEG to pay a civil penalty of $6 

million for PSEG’s failure to timely 

comply with the Consent Decree’s 

schedule for installing and operating the 

emission controls at Hudson Unit 2. In 

addition, the Amendment requires 

PSEG to spend $3.25 million on 

environmentally beneficial projects in 

New Jersey. The State of New Jersey is 

a signatory to the Consent Decree and 

the proposed Amendment. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the proposed Amendment. 

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. PSEG Fossil LLC, D.J. Ref. No. 

90–5–2–1–1866/1. 

The proposed Amendment, as well as 

a copy of the original Consent Decree 

cross-referenced in the Amendment, 

may be examined at the Office of the 

United States Attorney, District of New 

Jersey, Peter Rodino Federal Building, 

970 Broad Street, 7th Floor, Newark, 

New Jersey 07102, and at U.S. EPA 

Region II, 290 Broadway, New York, 

New York 10007. During the public 

comment period, the proposed 

Amendment and the Consent Decree 

may also be examined on the following 

Department of Justice Web site, http// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. In addition, a 

copy of the proposed Amendment and 

the Consent Decree may also be 

obtained 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 Amendment from the 

Consent Decree Library, please enclose 

a check in the amount of $8 (25 cents 

per page reproduction cost) payable to 

the U.S. Treasury. In requesting a copy 

of the original Consent Decree from the 

Consent Decree Library, please enclose 

a check in the amount of $17.25 (25 

cents per page reproduction cost) 

payable to the U.S. Treasury. 

W. Benjamin Fisherow, 

Deputy Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 06–9669 Filed 12–13–06; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Air Act (‘‘CAA’’) 

In accordance with 28 CFR 50.7, 

notice is hereby given that on November 

29, 2006, a proposed Consent Decree in 

United States and State of Illinois v. 

Smurfit Stone Container Enterprises, 

Inc., (‘‘Smurfit’’), Civil Action No. 06 C 

6543, was lodged with the United States 

District Court for the Northern District 

of Illinois. 

In a Complaint filed on the same day 

as the lodging of the proposed Consent 

Decree, the United States sought 

injunctive relief and civil penalties for 

violations of: (1) The Illinois State 

Implementation Plan (‘‘SIP’’) provisions 

governing emissions of volatile organic 

material from rotogravure and 

flexographic printing operations 

codified at 35 Ill. Admin. Code parts 

205 and 218; (2) applicable National 

Emissions Standards for Hazardous Air 

Pollutants (‘‘NESHAP’’) for the printing 

and publishing industry, codified at 40 

CFR Part 63, Subpart KK; (3) duty to 

provide information to EPA upon 

request pursuant to Section 114 of the 

CAA, 42 U.S.C. 7414; and (4) Smurfit’s 

operating permit program requirements 

pursuant to Title V of the CAA, 42 

U.S.C. 7661a–7661f. The violations 

alleged in the Complaint took place at 

Smurfit’s printing facility located at 

1128 East Tower Road, Schaumburg, 

Illinois (the ‘‘Facility’’). On June 30, 

2006, the Facility was acquired by 

Bluegrass Flexible Packaging Company, 

LLC (‘‘Bluegrass’’). Bluegrass has also 

joined the Consent Decree in which 

Bluegrass has accepted the jurisdiction 

of the Court in this case. 

In the proposed Consent Decree, 

Smurfit and Bluegrass agree, jointly and 

severally to: (1) Install a regenerative 

thermal oxidizer to destroy volatile 

organic material by means of high 

temperature thermal oxidation to meet 

the Illinois SIP requirements for capture 

and destruction of volatile organic 

matter; (2) comply with the cap and 

trade requirements of the Illinois SIP by 

paying the Illinois Environmental 

Protection Agency (EPA) $151,440.36 

for Smurfit’s alleged emissions in excess 

of its allotment trading units; (3) comply 

with the applicable SIP requirements 

regarding volatile organic material; and 

(4) Pay $325,000 in civil penalties—half 

to the United States and the other half 

to the State of Illinois. The Consent 

Decree acknowledges that Smurfit has 

already installed the required 

regenerative thermal oxidizer as 

required by the Consent Decree. 

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 and State of Illinois v. Smurfit 

Stone Container Enterprises, Inc., D.J. 

Ref. 90–5–2–1–08141. 

The Consent Decree may be examined 

at the Office of the United States 

Attorney for the Northern District of 

Illinois, 219 South Dearborn Street, 

Chicago, Illinois 60604, and at U.S. EPA 

Region 5, 77 West Jackson Blvd., 

Chicago, IL 60604. 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/ 

Consent_Decrees.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 requiring a 

copy from the Consent Decree Library, 

please enclose a check in the amount of 

$8.25 (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. 

William D. Brighton, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 06–9671 Filed 12–13–06; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Air Act and the 

Resource Conservation and Recovery 

Act 

Under 28 CFR 50.7, notice is hereby 

given that on December 1, 2006, a 


rwilkins on PROD1PC63 with NOTICES