Federal Register / Vol. 71, No. 201 / Wednesday, October 18, 2006 / Notices 61507 

Johnson County 

Townsend, George, House, 61872 NE 136, 

Tecumseh, 06000996 

Sarpy County 

Gordon, William E., House, 711 Bellevue 

Blvd. S, Bellevue, 06000997 

NEW YORK 

Herkimer County 

Italian Community Bake Oven, NY 167, Little 

Falls, 06001003 

Onondaga County 

Cosman Family Cemetery, Lattintown Rd., 

Middle Hope, 06001002 

Otsego County 

Fly Creek Historic District, (Industrial 

Development in the Oaks Creek Valley, 

Otsego County, New York MPS), NY 28, 

NY 80, Cty Rd. 26, Cemetery Rd., Goose St. 

Allison Rd., Bissell Rd., Fly Creek, 

06001004 

Rockland County 

Andre, Maj. John, Monument, 42 Andre Hill, 

Tappan, 06001001 Washington County 

Dayton-Williams House, 65 Dayton Hill Rd., 

Middel Granville, 06001000 

PENNSYLVANIA 

Lancaster County 

Ephrata Commercial Historic District, 

Portions of W. Main, E. Main, N. State, S. 

State Sts., and Washington Ave., Ephrata, 

06001005 

Philadelphia County 

Presser Home for Retired Music Teachers, 

101–121 W. Johnson St., Philadelphia, 

06001006 

SOUTH DAKOTA 

Corson County 

Sitting Bull Monument, SE 1⁄4 of SE 1⁄4 of Sec 

13 T18 R29, Mobridge, 06001008 

Minnehaha County 

Renner Ball Park, 3⁄4 mi. W of 258th St., and 

SD 115 intersection, Renner, 06001007 

TENNESSEE 

Sumner County 

Durham’s Chapel School, 5055 Old TN 31 E, 

Bethpage, 06001009 

VERMONT 

Franklin County 

Giroux Furniture Company Building, 10–18 

Catherine St., St. Albans, 06001010 

VIRGINIA 

Chesterfield County 

Dale’s Pale Archeological District, 

(Prehistoric through Historic Archeological 

and Architectural Resources at Bermuda 

Hundred MPS), South Shore of James R., 

Chesterfield County Park, Chester, 

06001012 

Town of Bermuda Hundred Historic District, 

(Prehistoric through Historic Archeological 

and Architectural Resources at Bermuda 

Hundred MPS), Both sides of Bermuda 

Hundred and Allied Rds., Chester, 

06001011 

WASHINGTON 

Whitman County 

College Hill Historic District, Roughly 

bounded by Stadium Way, B St., Howard 

St. and Indiana St., Pullman, 06001013 

[FR Doc. E6–17297 Filed 10–17–06; 8:45 am] 

BILLING CODE 4312–51–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 October 

4, 2006, a proposed Consent Decree in 

United States v. Afton Chemical Corp;, 

et al., Case No. 3: 06–cv–763 (‘‘Afton 

Chemical’’), was lodged with the United 

States District Court for the Southern 

District of Illinois. 

In Afton Chemical, the United States 

is seeking recovery of approximately 

$3.5 million in response costs incurred 

in connection with a 1999–2000 

removal action (‘‘Removal Action’’) at 

Sauget Area 2, Southern Site Q, in 

Cahokia, Illinois. The proposed Consent 

Decree would resolve the United States’ 

claims against 21 of the Afton Chemical 

defendants (the ‘‘Settling Defendants’’). 

Under the proposed Consent Decree, the 

Settling Defendants would pay 

$2,601,594.20 to the United States. In 

exchange, they would receive 

contribution protection and a covenant 

by the United States not to sue them for 

response costs incurred in connection 

with the Removal Action. The Settling 

Defendants include the following: Afton 

Chemical Corporation; Allied Waste 

Industries, Inc.; A.O. Smith Corporation; 

Barry-Wehmiller Companies, Inc.; BASF 

Corporation; BFI Waste Systems of 

North America, Inc.; Blue Tee Corp.; 

Cyprus Amax Minerals Company; The 

Dow Chemical Company; Eagle Marine 

Industries, Inc.; Exxon Mobil 

Corporation; Flint Group Incorporated; 

Fru-Con Construction Corporation; The 

Glidden Company; Mallinckrodt Inc.; 

Merck & Co., Inc.; Pharmacia 

Corporation; The Procter & Gamble 

Company; The Procter & Gamble 

Manufacturing Company; Service 

America Corporation; and Union 

Carbide Corporation. 

The Department of Justice will receive 

for a period of 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. Afton Chemical Corp., et al., 

D.J. Ref. 90–11–206089/1. 

The proposed Consent Decree may be 

examined at the Office of the United 

States Attorney, 9 Executive Drive, 

Fairview Heights, IL 62208–1344, and at 

the U.S. Environmental Protection 

Agency, Region 5, 77 West Jackson 

Boulevard, 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/ 

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 e-mailing or faxing a 

request to Tonia Fleetwood 

(tonia.fleetwood@usdoj.gov, fax number 

(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 

$10.50 (25 cents per page reproduction 

cost) payable to the United States 

Treasury. If a request for a copy of the 

proposed Consent Decree is made by fax 

or e-mail, please forward a check in the 

aforementioned amount to the Consent 

Decree Library at the address noted 

above. 

William Brighton, 

Assistant Chief, Environmental Enforcement 

Section, Environmental and Natural 

Resources Division. 

[FR Doc. 06–8744 Filed 10–17–06; 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 Departmental 

policy, 28 CFR 50.7, notice is hereby 

given that a proposed consent decree in 

United States v. Cooper Industries, LLC, 

Civil Action No. 4:06–CV–467 RP–TJS, 

was lodged on September 29, 2006 with 

the United States District Court for the 

Southern District of Iowa. Under this 

Consent Decree, the Settling Defendant 

will reimburse the United States for 

response costs incurred or to be 

incurred for response actions taken at or 

in connection with the release or 

threatened release of hazardous 

substances at the McGraw Edison 

Superfund Site in Centerville, 

Appanoose County, Iowa. 


rmajette on PROD1PC67 with NOTICES1
61508 Federal Register / Vol. 71, No. 201 / Wednesday, October 18, 2006 / Notices 

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, Environmental and Natural 

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

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. Cooper Industries, LLC, DOJ 

Ref. 90–11–3–08559. 

The proposed consent decree may be 

examined at the office of the United 

States Attorney, 110 East Court Avenue, 

Suite 286, Des Moines, IA 50309–2044 

and at U.S. EPA Region 7, 901 N. 5th 

Street, Kansas City, KS 66101. During 

the comment period, the 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 

consent decree also may 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, please enclose a 

check in the amount of $4.50 (without 

attachments) or $4.75 (with 

attachments) for United States v. Cooper 

Industries, LLC, (25 cents per page 

reproduction cost) payable to the U.S. 

Treasury. 

Robert E. Maher, Jr., 

Assistant Section Chief, Environmental 

Enforcement Section. 

[FR Doc. 06–8741 Filed 10–17–06; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Proposed Agreement 

Regarding Alleged Non-Compliance 

With Consent Decree in United States 

v. Cummins Engine Company, Inc. 

Notice is hereby given of a proposed 

Agreement Regarding Alleged NonCompliance with Consent Decree 

(‘‘Agreement’’) in the case of United 

States v. Cummins Engine Company, 

Inc., Civil Action No. 98–02546, in the 

United States District Court for the 

District of Columbia. 

The Agreement resolves four matters 

involving Cummins’ alleged failure to 

comply with a 1999 Consent Decree 

settling claims under Title II of the 

Clean Air Act, 42 U.S.C. 7521 et seq. 

(the ‘‘Act’’), regarding the alleged use of 

illegal emission-control ‘‘defeat 

devices’’ on Cummins’ 1998 and prior 

heavy-duty diesel engines (‘‘HDDEs’’). 

The first matter concerns Cummins’ use 

of a computer-based auxiliary emission 

control device (‘‘AECD’’) to prevent 

engine overheating, on approximately 

11,600 model years 2000–2003 engines 

sold for use in school buses and 

recreational vehicles. The overheat 

AECD, which required EPA approval, 

did not operate in the manner described 

in Cummins’ applications to EPA for 

regulatory ‘‘certificates of conformity’’

permitting the sale of the engines in the 

United States and as pre-approved in 

the 1999 Consent Decree. The second 

matter concerns Cummins’ use of 1101 

more Averaging, Banking and Trading 

(‘‘AB&T’’) Credits than was permitted by 

the consent Decree. The third matter 

relates to Cummins’ implementation of 

a Low NOX Rebuild Program for which 

Cummins failed to request the requisite 

EPA approval (until April 13, 2006). 

The last matter is Cummins’ omission of 

26,347 engines from its Low NOX

Rebuild Program. In addition, the 

Settlement resolves Cummins’

disclosure to the United States that in 

2001 it violated provisions of 40 CFR 

part 86 in connection with certification 

testing of engines under the Consent 

Decree by its failure to perform test 

equipment calibrations within 

applicable time limits set forth in 40 

CFR 86.1321; 1321(b); 1323(a) & (b) and 

1324. 

These violations are addressed 

through Cummins’ payment of an 

agreed penalty in the amount of 

$950,000, to be shared between the 

United States and the California Air 

Resources Board. Cummins will also 

continue a recall to fix or disable the 

overheat AECD. Lastly, Cummins will 

recoup the excess tons of NOX emitted 

by its violations of the Consent Decree, 

offset by any tons obtained in the 

ongoing recall. the NOX tons must come 

from one of three sources: (1) Cummins’

on-road AB&T accounts; (2) Cummins’

off-road AB&T accounts; or (3) currently 

valid stationary source NOX tons 

purchased on the open market through 

a licensed broker. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Agreement. 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. 

Cummins Engine Company, Inc., D.J. 

Ref. 90–5–2–1–2136A. 

During the public comment period, 

the Agreement may be examined on the 

following Department of Justice Web 

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

open.html. 

A copy of the Agreement 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 Decree from the Consent 

Decree Library, please enclose a check 

in the amount of $4.50 (25 cents per 

page reproduction cost for 18 pages) 

payable to the U.S. Treasury. 

Karen Dworkin, 

Assistant Chief, Environmental Enforcement 

Section. 

[FR Doc. 06–8742 Filed 10–17–06; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Water Act 

Notice is hereby given that on 

October 4, 2006, a proposed consent 

decree in United States and State of 

Indiana v. City of Indianapolis, Civ. No. 

1:06–cv–1456, was lodged with the 

United States District Court for the 

Southern District of Indiana. 

In this action the United States sought 

civil penalties and injunctive relief for 

alleged violations of Sections 301 and 

402 of the Clean Water Act, 33 U.S.C. 

1319 and 1342, in connection with the 

City’s operation of its municipal 

wastewater and sewer system. The City 

currently discharges approximately 

eight billion gallons of untreated sewage 

per year from approximately 133 

Combined Sewer Overflows, Sanitary 

Sewer Overflows, and bypass locations 

into the White River and its tributaries. 

The Complaint alleges that the City’s 

discharges, which occur approximately 

60 times per year, violate the Clean 

Water Act either because the discharges 

violate limitations and conditions in the 

City’s National Pollutant Discharge 

Elimination System (NPDES) permits, or 

because the discharges are from point 

sources not authorized by the City’s 

NPDES permits. The Complaint also 

asserts claims for violations of 

comparable State law on behalf of the 

State of Indiana. 

Under the proposed Consent Decree, 

the City would be required to: (1) 

Implement a Long Term Control Plan 

which would greatly reduce Combined 

Sewer Overflows; (2) implement a plan 

designed to eliminate Sanitary Sewer 

Discharges; (3) perform a Supplemental 


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