Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Notices 78467 

Environmental Enforcement Agency 

(‘‘EPA’’) and DTSC at the McCormick 

and Baxter Superfund Site in Stockton, 

California (‘‘the Site’’), and for 

injunctive and declaratory relief, 

pursuant to Sections 106 and 107 of 

CERCLA, 42 U.S.C. 6906, 6907. The 

complaint alleges that UPRR is liable for 

response costs and site cleanup 

associated with the unlawful disposal of 

hazardous materials at the Site as a 

current owner of the Site, pursuant to 

CERCLA Section 107(a)(1), and as a 

person that arranged for the disposal of 

hazardous substances at the Site, 

pursuant to CERCLA 107(a)(3). 

The proposed Consent Decree 

provides that UPRR will design and 

implement the remedy selected by EPA 

to address contaminated soils at the 

Site. In addition, UPRR will reimburse 

$1 million of EPA’s past response costs 

and $900,000 of DTSC’s past response 

costs 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 and California Department of 

Toxic Substances Control v. Union 

Pacific Railroad Co., D.J. Ref. #90–11–3–

07886. 

The consent decree may be examined 

at the Office of the United States 

Attorney for the Eastern District of 

California, 501 I Street, 10th Floor, 

Sacramento, CA, and at U.S. EPA 

Region 4, Office of Regional Counsel, 61 

Forsyth Street, Atlanta, GA. 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 $44.00 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury. 

Henry Friedman, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 06–9923 Filed 12–28–06; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Corrected Federal Register Notice 

On December 14, 2006, the Federal 

Register notice of the lodging of a 

Consent Decree under the Clean Air Act 

and the Resource Conservation and 

Recovery Act in the matter of United 

States v. Von Roll America, Inc., Civil 

Action No. 4:06 CV 2893 (N.D. Ohio). 

The notice contained a typographical 

error. It stated that as part of the 

settlement, the defendant would change 

out the primary box in its new carbon 

absorption system whenever 

Continuous Emissions Monitoring 

Systems data showed ‘‘THCs of 5 ppm 

of greater on a 60 minute rolling 

average.’’ Instead of ‘‘5 ppm,’’ the notice 

should have said ‘‘50 ppm.’’ The 

complete notice, as corrected, is set out 

below. 

In light of the error, the Department 

of Justice will receive comments relating 

to the Consent Decree for an additional 

fifteen (15) days from the date of this 

publication beyond the initial thirty (30) 

days set forth below in the original 

notice. 

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 

proposed Consent Decree (‘‘Consent 

Decree’’) in the matter of United States 

v. Von Roll America, Inc., Civil Action 

No. 4:06 CV 2893, was lodged with the 

United States District Court for the 

Northern District of Ohio, Eastern 

Division. 

In the complaint in this matter, the 

United States sought injunctive relief 

and penalties against Von Roll America, 

Inc. (‘‘Von roll’’) for claims arising 

under the Clean Air Act, 42 U.S.C. 7401 

et seq., and under the Resource 

Conservation and Recovery Act, 42 

U.S.C. 6901 et seq., in connection with 

the operation of Von Roll’s hazardous 

waste treatment, storage, and disposal 

facility located in East Liverpool, Ohio. 

Under the Consent Decree, Von Roll 

with: Control waste vapors containing 

volatile organic compounds, including 

benzene, by installing and operating a 

carbon adsorption system that will 

consist of no less than two trains of a 

primary and a secondary carbon box 

operated by series; install and operate a 

total hydrocarbon (‘‘THC’’) continuous 

emissions monitor system (‘‘CEMS’’) 

between the primary and secondary 

carbon box in each dual series to 

monitor for carbon breakthrough (an 

indication that the carbon box is no 

longer effective); and change out the 

primary box whenever CEMS data 

shows THCs of 50 ppm or greater on a 

60 minute rolling average. Von Roll will 

pay a civil penalty of $750,000 and, as 

a Supplemental Environmental Project, 

will undertake a household hazardous 

waste collecting project valued at 

$34,000. 

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, 

Environmental and Natural Resources 

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

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States Von Roll America, Inc., D.J. Def. 

No. 90–5–2–1–08743. 

The Consent Decree may be examined 

at the Office of the United States 

Attorney, 2 South Main St., Rm. 208, 

Akron, Ohio 44308, and a U.S. EPA 

Region 5, 77 W. Jackson St., Chicago, IL 

60604. 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 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 $21.25 (25 cents per 

page reproduction costs) 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 Section Chief, Environmental 

Enforcement Section, Environmental and 

Natural Resources Division. 

[FR Doc. 06–9921 Filed 12–28–06; 8:45 am] 

BILLING CODE 4410–15–M 


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