56792 Federal Register / Vol. 72, No. 192 / Thursday, October 4, 2007 / Notices 

Region 1 (New England Region), One 

Congress Street, Boston, Massachusetts 

02114. 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. If requesting a 

copy of the proposed consent decree, 

please so note and enclose a check in 

the amount of $27.50 (25 cent per page 

reproduction cost) payable to the U.S. 

Treasury. 

Ronald Gluck, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 07–4903 Filed 10–3–07; 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 28 CFR 50.7 and 

section 122 of the Comprehensive 

Environmental Response, Compensation 

and Liability Act (‘‘CERCLA’’), 42 U.S.C. 

9622, the Department of Justice gives 

notice that a proposed Second 

Amendment to the Consent Decree, in 

United States v. The Upjohn Co. et al., 

v. ABF Freight System, Inc., et al., Civil 

No. 1:92–CV–659 (W.D. Mich.), was 

lodged with the United States District 

Court for the Western District of 

Michigan on September 21, 2007, 

pertaining to the West KL Avenue 

Landfill Superfund Site (the ‘‘Site’’), 

located on West KL Avenue, Oshtemo 

Township, Kalamazoo County, 

Michigan. The proposed Second 

Amendment to the Consent Decree 

amends a Consent Decree entered by the 

Court in 1992, and a First Amendment 

to that Consent Decree entered by the 

Court in 2005, that resolved the United 

States’ civil claims under sections 106 

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

9607, against Pharmacia Corp., 

successor to The Upjohn Company; 

Kalamazoo County; Charter Township 

of Oshtemo; the City of Kalamazoo 

(collectively, the ‘‘Performing Settling 

Defendants’’); and 219 additional ThirdParty Defendant generators at the Site 

(all defendants, collectively, the 

‘‘Settling Defendants’’). 

Under the proposed Second 

Amendment to the Consent Decree, the 

Performing Settling Defendants are 

obligated to implement a Record of 

Decision (‘‘ROD’’) Second Amendment 

issued by the U.S. Environmental 

Protection Agency (‘‘EPA’’) on 

September 12, 2005 (‘‘2005 ROD 

Amendment’’). The 2005 ROD 

Amendment: (1) Revises the boundary 

of the municipal water service to 

residences, moving the boundary further 

downgradient to include additional 

properties that have had Site-related 

contaminants detected in their drinking 

water wells; (2) replaces the active 

pump and treat remedy for the 

contaminated groundwater plume 

selected by the initial 1990 ROD with 

Monitored Natural Attenuation 

(‘‘MNA’’) and contingent remedies; and 

(3) replaces the 1990 ROD cap design 

(which included a 2-feet thick clay 

capping layer) with a geosynthetic clay 

layer, a 40 mil geomembrane liner, a 

geocomposite drainage layer, an 18-inch 

layer of clean fill, and a vegetated 6-inch 

layer of topsoil. 

Under the proposed Second 

Amendment to Consent Decree, Plaintiff 

and the Performing Settling Defendants 

agree to modify the terms of the Consent 

Decree, as provided by Paragraph 85 of 

the Consent Decree, to require the 

Performing Settling Defendants to 

implement the provisions of the 2005 

ROD Amendment. The Settling 

Defendants other than the Performing 

Settling Defendants are not signatories 

to the proposed Second Amendment to 

the Consent Decree. The Second 

Amendment to the Consent Decree does 

not add to or change any of the 

settlement obligations of the Settling 

Defendants other than the Performing 

Settling Defendants, and none of the 

settling Third-Party Defendants will 

have any obligations to implement the 

provisions of the 2005 ROD 

Amendment. Pursuant to the simplified 

notification procedures of Paragraph 85 

of the Consent Decree approved by the 

Court in 2005 under the First 

Amendment to the Consent Decree, the 

Settling Defendants other than the 

Performing Settling Defendants will not 

be separately notified of the material 

modifications to the work under the 

Consent Decree required by the 2005 

ROD Amendment and the Second 

Amendment to the Consent Decree other 

than through this Federal Register 

Notice. 

The Department of Justice will 

receive, for a period of thirty (30) days 

from the date of this publication, 

comments relating to the proposed 

Second Amendment 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 United States Department of 

Justice, P.O. Box 7611, Washington, DC 

20044–7611, and should refer to United 

States v. The Upjohn Co. et al., v. ABF 

Freight System, Inc., et al., Civil No. 

1:92–CV–659 (W.D. Mich.), and DOJ 

Reference No. 90–11–2–561. 

The proposed Second Amendment to 

the Consent Decree may be examined at: 

(1) The Office of the United States 

Attorney for the Western District of 

Michigan, 330 Ionia Ave. NW., Suite 

501, Grand Rapids, MI 49503, (616–

456–2404); and (2) the United States 

Environmental Protection Agency 

(Region 5), 77 West Jackson Blvd., 

Chicago, IL 60604–3507 (contact: Stuart 

Hersh (312–886–6235)). 

During the public comment period, 

the proposed Second Amendment to the 

Consent Decree may also be examined 

on the following U.S. Department of 

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

enrd/Consent_Decrees.html. A copy of 

the proposed Second Amendment to the 

Consent Decree may also be obtained by 

mail from the Consent Decree Library, 

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

7611, 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 no. (202) 514–1547. In 

requesting a copy from the Consent 

Decree Library, please refer to the 

referenced case and DOJ Reference 

Number and enclose a check in the 

amount of $3.00 for the Second 

Amendment to the Consent Decree only 

(12 pages, at 25 cents per page 

reproduction costs), or $21.00 for the 

Second Amendment to the Consent 

Decree and all appendices (84 pages), 

made 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. 07–4901 Filed 10–3–07; 8:45 am] 

BILLING CODE 4410–15–M 


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