16822 Federal Register / Vol. 72, No. 65 / Thursday, April 5, 2007 / Notices 

Corporation, Beazer East, Inc., E.I. du 

Pont de Nemours and Company, The 

Goodyear Tire & Rubber Company, 

Southline Metal Products Company, 

Inc., and United States Steel 

Corporation) and the Settling El Paso 

Defendants (EPEC Polymers, Inc., El 

Paso Tennessee Pipeline Company, 

EPEC Corporation, and Tennessee Gas 

Pipeline Company), for cost recovery 

and contribution under CERCLA 

Sections 107 and 113, 42 U.S.C. 9607 

and 9613, on the grounds that these 

parties were liable under CERCLA for 

the remediation of the Site. On January 

3, 2002, the United States filed a 

complaint against EPEC Polymers, Inc. 

pursuant to CERCLA Section 107, 42 

U.S.C. 9607, seeking, inter alia: (1) 

Reimbursement of response costs and 

(2) a declaratory judgment of liability for 

any future response costs incurred by 

the United States at the Site. The 

Settling El Paso Defendants also brought 

contribution claims against various 

parties including the Settling Funding 

Defendants. 

Under the proposed Consent Decree, 

the United States provides covenants 

not to sue settling defendants under 

CERCLA Sections 106 and 107, 42 

U.S.C. 9606 and 9607, in connection 

with the Site. CERCLA Section 113(f)(2), 

42 U.S.C. 9613(f)(2), provides that 

contribution protection arises for 

matters addressed in the proposed 

Consent Decree. The proposed Consent 

Decree defines the ‘‘matters addressed’’

as ‘‘all response actions taken or to be 

taken and all response costs incurred or 

to be incurred by the United States or 

any other person with respect to the 

Site.’’ In addition, under the proposed 

Consent Decree, EPEC Polymers, Inc. 

will: (1) Reimburse the United States for 

$6.9 million of its past costs (with 

interest accruing since January 17, 

2005); (2) will remediate two of the 

three remaining known contaminated 

areas of the Site (the value of the project 

is currently estimated to be $13.4 

million); and (3) will reimburse the 

United States approximately $3.1 

million for costs incurred after July 31, 

2004. In addition, the Settling Funding 

Defendants will be obligated to pay a 

share of the Remedial Action costs 

($5,837,000) to EPEC Polymers, Inc. and 

ARCO/Lyondell. 

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 v. EPEC Polymersm, Inc., D.J. Ref. 

90–11–3–709/1. 

The Consent Decree may be examined 

at the Office of the United States 

Attorney, Eastern District of Texas, 350 

Magnolia Avenue, Suite 350, Beaumont, 

Texas 77657, and at U.S. EPA Region 6, 

1445 Ross Avenue, Dallas, Texas 75202. 

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 by mail, from the 

Consent Decree Library, please enclose 

a check in the amount of $29.95 (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. 07–1656 Filed 4–4–07; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Settlement 

Pursuant to Clean Air Act 

Notice is hereby given that, on March 

23, 2007, a proposed Consent Decree in 

United States v. Nacirema 

Environmental Services Company, Inc., 

Civil Action No. 07–1361, was lodged 

with the United States District Court for 

the District of New Jersey. 

In this action, the United States sued 

Nacirema Environmental Services 

Company, Inc. for violations of the 

Clean Air Act (‘‘Act’’), 42 U.S.C. 7401–

7671q, and the National Emission 

Standard for Hazardous Air Pollutants 

for asbestos (‘‘Asbestos NESHAP’’), 40 

CFR Part 61, Subpart M, in connection 

with Nacirema’s failure to provide 

advanced notice to the U.S. 

Environmental Protection Agency 

(‘‘EPA’’) of the demolition of at least 18 

facilities in New Jersey and New York, 

its failure to comply with an EPA 

request for information, and its failure 

to comply with an EPA Administrative 

Compliance Order requiring submission 

of that same information. The settlement 

requires Defendant to pay a civil penalty 

of $65,000, to spend an additional 

$65,000 on a supplemental 

environmental project involving 

asbestos abatement in low-income 

homes, and to provide additional 

injunctive relief including asbestos 

training for Nacirema employees and 

management reforms. 

The Department of Justice will accept 

comments relating to the settlement for 

a period of thirty (30) days from the date 

of publication of this Notice. Comments 

should be addressed to the Assistant 

Attorney General, Environment and 

Natural Resources Division, and mailed 

either electronically to pubcommentees.enrd@usdoj.gov or in hard copy to 

P.O. Box 7611, U.S. Department of 

Justice, Washington, DC 20044–7611. 

Comments should refer to U.S. v. 

Nacirema Environmental Services 

Company, Inc., DJ No. 90–5–2–1–08411. 

The proposed Consent Decree may be 

examined at the Office of the United 

States Attorney, District of New Jersey, 

970 Broad Street, Suite 700, Newark, 

New Jersey 07101. 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 at 

tonia.fleetwood@usdoj.gov, or at 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 

$14 (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 above-referenced address. 

Ronald Gluck, 

Assistant Chief, Environmenal Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 07–1653 Filed 4–4–07; 8:45am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under Comprehensive Environmental 

Response, Compensation and Liability 

Act 

Notice is hereby given that on March 

22, 2007, a proposed Consent Decree in 

United States v. PSD Queens Drive LP, 

C.A. No. 2:07–cv–01137–GP (E.D.Pa.), 

was lodged with the United States 

District Court for the Eastern Court for 

the Eastern District of Pennsylvania. 


jlentini on PROD1PC65 with NOTICES