66464 Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Notices 

an additional $400,000 to maintain over 

the next ten (10) years. 

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, Environmental and Natural 

Resources Division, PO Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. Kentucky Utilities Co., DJ #90–

5–1–1–07915. 

The Decree may be examined at the 

Office of the United States Attorney, 110 

West Vine Street, Room 400, Lexington, 

Kentucky 40507, and at U.S. EPA 

Region 4, Atlanta Federal Center, 61 

Forsyth Street, SW., Atlanta, Georgia 

30303–3104. During the public 

comment period, the Decree may also be 

examined on the following Department 

of Justice Web site, http:// 

www.usdoj.gov/enrd/open.html. A copy 

of the Decree may also be obtained by 

mail from the Consent Decree Library, 

PO 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 $39.75 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury. In requesting a copy 

exclusive of exhibits, please enclose a 

check in the amount of $10.50 (25 cents 

per page reproduction cost) payable to 

the U.S. Treasury. 

Ellen M. Mahan, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 05–21882 Filed 11–1–05; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decrees 

Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act and 

the Solid Waste Disposal Act 

Notice is hereby given that the 

following proposed consent decrees 

relating to the Baldwin Park Operable 

Unit of the San Gabriel Valley 

Superfund Sites, Areas 1–4, located in 

and near the cities of Azusa, Irwindale, 

Baldwin Park, and Covina in Los 

Angeles County, California (‘‘BPOU’’), 

were lodged on October 26, 2005, with 

the United States District Court for the 

Central District of California: (1) United 

States and California Department of 

Toxic Substances Control (‘‘DTSC’’) v. 

Lockheed Martin Corporation, et al., 

Case No. CV05–7519 GPS (AJWx) (C.D. 

Cal.), (2) United States and DTSC v. 

Leach International Corporation, Case 

No. CV05–7515 CAS (Ex) (C.D. Cal.), (3) 

United States and DTSC v. Allegiance 

Healthcare Corporation, et al., Case No. 

CV05–7520 DSF (JWJX) (C.D. Cal.), (4) 

United States v. Phaostron Instrument 

and Electronic Company, Case No. 

CV05–7522 JFW (SSx) (C.D. Cal.), (5) 

United States v. Azusa Land 

Reclamation Co., Inc., et al., Case No. 

CV05–7518 MMM (JTLx) (C.D. Cal.), (6) 

United States v. Aerojet-General 

Corporation, et al., Case No. CV05–7516 

PA (JWJx) (C.D. Cal.), and (7) United 

States and DTSC v. White & White 

Properties, et al., Case No. CV05–7521 

GHK (PLAx) (C.D. Cal.). 

The first four consent decrees listed 

above represent a settlement of claims 

brought against Lockheed Martin 

Corporation, Mobil Oil Corporation, The 

Valspar Corporation, Leach 

International Corporation, Allegiance 

Healthcare Corporation, Philip Morris 

USA Inc., and Phaostron Instrument and 

Electronic Company pursuant to the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (‘‘CERCLA’’), 42 U.S.C. 9601–9675, 

and section 7003 of the Solid Waste 

Disposal Act, as amended by the 

Resource Conservation and Recovery 

Act of 1976 and the Hazardous and 

Solid Waste Amendments of 1984 

(collectively ‘‘RCRA’’), 42 U.S.C. 6973. 

In the complaints filed on October 19, 

2005, the United States and DTSC 

sought injunctive relief for performance 

of response actions under CERCLA 

section 106, 42 U.S.C. 9606, and RCRA 

section 7003, 42 U.S.C. 6973, and 

reimbursement for response costs under 

CERCLA section 107, 42 U.S.C. 9607, 

incurred by the United States 

Environmental Protection Agency 

(‘‘EPA’’), the United States Department 

of Justice (‘‘DOJ’’), and DTSC, in 

response to releases of hazardous 

substances at the BPOU. The last three 

consent decrees listed above represent a 

settlement of claims brought pursuant to 

CERCLA against Aerojet-General 

Corporation, GenCorp, Inc., Azusa Land 

Reclamation Co., Inc., Fairchild Holding 

Corp., Hartwell Corporation, Oil & 

Solvent Process Company, Reichhold, 

Inc., Winco Enterprises Inc., and entities 

related to White & White Properties. In 

the complaints filed on October 19, 

2005, the United States and DTSC 

sought reimbursement for response 

costs under CERCLA section 107, 42 

U.S.C. 9607, incurred by EPA, DOJ, and 

DTSC, in response to releases of 

hazardous substances at the BPOU. 

The proposed consent decrees require 

the Settling Defendants to pay 

$14,328,388 to the United States for 

response costs incurred by EPA and DOJ 

and 88 percent of the United States’

future oversight costs, and to pay 

$292,105 to DTSC for response costs 

incurred by DTSC. The first four 

proposed consent decrees include a 

covenant-not-to-sue under sections 106 

and 107 of CERCLA, 42 U.S.C. 9606, 

9607, and under section 7003 of RCRA, 

42 U.S.C. 6973. The last three proposed 

consent decrees include a covenant-notto-sue under CERCLA section 107, 42 

U.S.C. 9607. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the consent decrees. 

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, with a copy to Robert 

Mullaney, U.S. Department of Justice, 

301 Howard Street, Suite 1050, San 

Francisco, CA 94105, and should refer 

to the BPOU Consent Decrees, D.J. Ref. 

#90–11–2–354. For the settlements 

involving RCRA, commenters may 

request an opportunity for a public 

meeting in the affected area, in 

accordance with section 7003(d) of 

RCRA, 42 U.S.C. 6973(d). 

The consent decrees may be examined 

at U.S. EPA Region 9, Office of Regional 

Counsel, 75 Hawthorne Street, San 

Francisco, California. During the public 

comment period, the consent decrees 

may also be examined on the following 

Department of Justice Web site: http:// 

www.usdoj.gov/enrd/open.html. A copy 

of the consent decrees 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 

$662.25 (25 cents per page reproduction 

cost) payable to the U.S. Treasury. (A 

copy of the decrees, exclusive of 

Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Notices 66465 

attachments, may be obtained for 

$53.00.) 

Ellen M. Mahan, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division, United States 

Department of Justice. 

[FR Doc. 05–21880 Filed 11–1–05; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Air Act 

Under 28 CFR 50.7, notice is hereby 

given that on October 17, 2005, a 

proposed Consent Decree (‘‘Decree’’) in 

United States v. Lucite International, 

Inc., Civil Action No. 05–2773 Ma V, 

was lodged with the United States 

District Court for the Western District of 

Tennessee. 

In this action, the United States 

sought penalties and injunctive relief 

from Defendant with respect to Clean 

Air Act violations at its methyl 

methacrylate and acrylic sheeting 

facility on Fite Road in Memphis, 

Tennessee. The Complaint against 

Defendant alleges violations of 

following provisions: New Source 

Performance Standards (NSPS) 

applicable to Sulfuric Acid Plants, at 40 

CFR Part 60, Subpart H; National 

Emissions Standards for Hazardous Air 

Pollutants at 40 CFR Part 63, Subparts 

A, F and G; and Protection of 

Stratospheric Ozone under Section 608 

of the Act, as implemented by 

regulations at 40 CFR Part 82, Subpart 

F. The Complaint further alleges that 

many of these violations resulted in 

corresponding violations of Defendant’s 

Title V Permit and of Tennessee’s State 

Implementation Plan. The Decree 

resolves the claims alleged in the 

Complaint and requires Defendant to 

pay $1.8 million plus interest in civil 

penalties, and to install NSPS compliant 

controls at an estimated cost of 

approximately $16 million. In addition, 

the Decree provides for implementation 

of a Supplemental Environmental 

Project valued at $1.3 million, to reroute 

emissions from two sources, resulting in 

the reduction of emissions from those 

sources to a level that is only 10% of 

previously permitted emissions. 

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. Lucite International, Inc., D.J. 

Ref. 90–5–2–1–08272. 

The Decree may be examined at the 

Office of the United States Attorney, 167 

North Main St., Suite 800, Memphis, 

Tennessee 38013, and at U.S. EPA 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303. During the 

public comment period, the Decree may 

also be examined on the following 

Department of Justice Web site, http:// 

www.usdoj.gov/enrd/open.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 $13.50 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury. 

Ellen M. Mahan, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 05–21886 Filed 11–1–05; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Pursuant to CERCLA 

Notice is hereby given that on October 

17, 2005, the United States lodged a 

proposed Consent Decree between the 

United States, the State of Arkansas, the 

Signature Combs plaintiffs, and OakleyKeesee Ford, Inc. (‘‘Oakley-Keesee’’) 

with the United States District Court for 

the Eastern District of Arkansas in 

United States et al. v. Oakley-Keesee 

Ford, Nos. 3:98CV00362, 3:98CV00363, 

consolidated with Signature Comb, Inc. 

et al. v. Oakley-Keesee Ford, No. 

3:02CV00125 (SMR). 

The proposed Consent Decree 

resolves the claims of the United States, 

the State of Arkansas, and the Signature 

Combs plaintiffs against Oakley-Keesee 

under sections 106(b) and 107(a) of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act, (‘‘CERCLA’’), 42 U.S.C. 9606, 9607, 

regarding the Gurley Pit and South 8th 

Street Superfund Sites located in 

Crittenden County, Arkansas. Under the 

proposed decree, Oakley-Keesee has 

agreed to pay the plaintiffs $260,000 

within 30 days of the effective date of 

the Consent Decree as follows: (1) 

$150,000 will be paid to the Superfund 

in partial reimbursement of the United 

States’ past and future response costs at 

the Sites; (2) $100,000 will be paid to 

the superfund in penalties for the 

defendant’s failure to comply with the 

Unilateral Administrative Order to 

perform the remedial action at the South 

8th Street Site; and (3) $10,000 will be 

paid to the State in partial 

reimbursement of State’s past and future 

response costs at the Sites. OakleyKeesee also has agreed to pay the 

Signature Combs plaintiffs $300,000 in 

partial reimbursement of response costs 

expended by the Signature Combs 

plaintiffs related to the Sites. 

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 

Acting Assistant Attorney General, 

Environment and Natural Resources 

Division, United States Department of 

Justice, PO Box 7611, Ben Franklin 

Station, Washington, DC 20044–7611, 

and should refer to United States et al. 

v. Oakley-Keesee Ford, DJ No. 90–11–2–

196/2. 

The proposed Consent Decree may be 

examined during the public comment 

period on the following Department of 

Justice Web site: http://www.usdoj.gov/ 

enrd/open.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 $8.25 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury. 

Dated: October 19, 2005. 

Thomas A. Mariani, Jr., 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 05–21883 Filed 11–1–05; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Water Act 

Under 28 CFR 50.7, notice is hereby 

given that on October 19, 2005, a 

proposed consent decree in United 

States v. Seven-Up/RC Bottling 

Company of Southern California, Inc., 

Case No. CV–05–7514 AHM (CTx), was 

lodged with the United States District 

Court for the Central District of 

Columbia.