58126 Federal Register / Vol. 72, No. 197 / Friday, October 12, 2007 / Notices 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act of 

1980 (‘‘CERCLA’’) 

Consistent with Section 122(d) of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act of 1980, as amended (‘‘CERCLA’’), 

42 U.S.C. 9622(d), and 28 CFR 50.7, 

notice is hereby given that on 

September 24, 2007, a proposed Partial 

Consent Decree with Ferguson Harbour 

Incorporated in United States v. 

Ferguson Harbour Service Inc, et al., No. 

3:03–CV–1266 (S.D. Miss.), was lodged 

with the United States District Court for 

the Southern District of Mississippi. 

In this action, the United States seeks 

to recover from various defendants, 

pursuant to Section 107 of CERCLA, 42 

U.S.C. 9607, the costs incurred and to be 

incurred by the United States in 

responding to the release and/or 

threatened release of hazardous 

substances at and from the Industrial 

Pollution Control Site in Jackson, Hinds 

County, Mississippi. Under the 

proposed Consent Decree, Defendant 

Ferguson Harbour Incorporated will pay 

$10,000 to the Hazardous Substances 

Superfund in reimbursement of the 

costs incurred by the United States at 

the Site. The amount of the proposed 

settlement is based upon financial 

information provided by Ferguson 

Harbour Incorporated indicating a 

limited ability to pay. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Partial 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 Ferguson Harbour Service Inc. 

et al. (Consent Decree with Ferguson 

Harbour Incorporated, DOJ Ref. No. 90–

11–3–06625/5). 

The Consent Decree may be examined 

at U.S. EPA Region 4, Atlanta Federal 

Center, 61 Forsyth Street, SW, Atlanta, 

Georgia 30303 (contact Matthew Hicks, 

Esq. (404) 562–9670). 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, 

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.fleet@usdoj.gov), fax 

no. (202) 514–0097, phone confirmation 

number (202) 514–1547. In requesting a 

copy from the Consent Decree Library, 

please refer to United States v. Ferguson 

Harbour Service Inc. et al. (Consent 

Decree with Ferguson Harbour 

Incorporated, DOJ Ref. No. 90–11–3–

06625/5), and enclose a check in the 

amount of $5.25 (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 stated address. 

Henry S. Friedman, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 07–5029 Filed 10–11–07; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

Notice is hereby given that on 

September 24, 2007, a proposed Consent 

Decree in United States of America v. 

Great Lakes Carbon LLC, Civil Action 

No. 3:07-cv-476, (‘‘U.S. v. GLC’’) was 

lodged with the United States District 

Court for the Southern District of Texas. 

The civil action U.S. v. GLC is related 

to consolidated actions Amoco 

Chemical Co. v. United States of 

America, Civil Action No. G–96–272 

(S.D. Tx.), (‘‘the Amoco lawsuit’’) and 

Tex Tin Corp. v. United States of 

America, Civil Action No. G–96–247 

(S.D. Tx.), (‘‘the Tex Tin Lawsuit’’). 

The proposed Consent Decree relates 

to the Tex Tin Superfund Site located in 

Texas City, Galveston County, Texas 

(‘‘the Site’’) at the corner of Farm to 

Market Road 519 and State Highway 

146. Metal smelting operations, 

principally for production of tin but also 

including other metal smelting and 

other production operations, occurred at 

the Site intermittently from 

approximately 1941 until 1991. 

Implementation of the remedy selected 

by EPA for the Site is now complete. 

In May 1996, Amoco Chemical Co. 

(now known as BP Amoco Chemical 

Company and hereinafter referred to as 

‘‘BP ACC’’) filed the Amoco lawsuit 

pursuant to Sections 107 and 113 of 

CERCLA, 42 U.S.C. 9607 and 9613, for 

recovery of and contribution for 

CERCLA response costs. 

In October 2003, the Tex Tin Settling 

Defendants Steering Committee filed in 

the Tex Tin lawsuit a First Amended 

Third Party Complaint pursuant to 

Sections 107 and 113 of CERCLA, 42 

U.S.C. 9607 and 9613, for recovery of 

response costs against seven parties 

including Great Lakes Carbon Corp. and 

Phelps Dodge Corp. In 2003, Great Lakes 

Carbon Corporation converted to a 

Delaware Limited Liability Company 

and changed its name to Great Lakes 

Carbon LLC. 

On September 24, 2007, the United 

States filed a Complaint in U.S. v. GLC 

against Great Lakes Carbon LLC and 

Phelps Dodge Corp. (collectively 

‘‘Settling Defendants’’) pursuant to 

Section 107 of CERCLA, 42 U.S.C. 9607, 

seeking reimbursement of response 

costs incurred or to be incurred for 

response actions taken or to be taken at 

or in connection with the release or 

threatened release of hazardous 

substances at the Site. 

Under the proposed Consent Decree, 

Great Lakes Carbon LLC will pay to the 

United States $150,000 and to the Tex 

Tin Settling Defendants Steering 

Committee and BP ACC $100,000 and 

Phelps Dodge Corp. will pay to the 

United States $93,000 and to the Tex 

Tin Settling Defendants Steering 

Committee and BP ACC $62,000. In the 

proposed Consent Decree, the United 

States 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, at or in 

connection with the Site, by the United 

States or any other person.’’ Also in the 

proposed Consent Decree, the Tex Tin 

Settling Defendants Steering Committee 

and BP ACC covenant not to sue and 

agree not to assert any claims or causes 

of action against Settling Defendants (1) 

with regard to the Site pursuant to 

Sections 107 and 113 of CERCLA, 42 

U.S.C. 9607 and 9613; and (2) with 

regard to any claim arising out of 

response activities 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, and either e-mailed to 

pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 72, No. 197 / Friday, October 12, 2007 / Notices 58127 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. Great Lakes Carbon LLC, D.J. 

Ref. 90–11–3–1669/4. 

The Consent Decree may be examined 

at the Office of the United States 

Attorney, Southern District of Texas, 

919 Milam, Suite 1500, Houston, TX 

77002, 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 

my 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 $7.50 (25 cents per page 

reproduction cost) payable to the U.S. 

Treasury. 

Thomas A. Mariani, Jr., 

Assistant Chief, Environmental Enforcement 

Section, Environmental and Natural 

Resources Division. 

[FR Doc. 07–5025 Filed 10–11–07; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Consent Decree Under The 

Comprehensive Environmental 

Response, Compensation and Liability 

Act 

Notice is hereby given that on 

September 6, 2007, a Consent Decree in 

United States of America v. M.A. Hanna 

Plastics Group, Inc., et al., Civil Action 

No. 06–409–GMS, was lodged with the 

United States District Court for the 

District of Delaware. 

The United States filed a complaint in 

June, 2006, against Sidney and Carol 

Maffett, M.A. Hanna Plastics Group, 

Inc., and the Wilmington Economic 

Development Corporation, to recover 

unreimbursed response costs that EPA 

incurred at the Site. The proposed 

consent decree with Sidney and Carol 

Maffett (‘‘the Maffetts’’) resolves the 

claims of the United States on behalf of 

EPA against the Maffets for past 

response costs under section 107(a) of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

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

connection with the 12th Dump Site 

(‘‘Site’’) in Wilmington, Delaware. 

Pursuant to the consent decree, the 

Maffetts will reimburse $100,000 of 

EPA’s past response costs, and will 

receive a covenant not to sue from EPA 

for past response costs as set forth in the 

consent decree. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to this 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, Attention: Nancy 

Flickinger (EES), and may be submitted 

by electronic mail to the following 

address: pubcommentees.enrd@usdoj.gov. Comments should 

refer to United States of America v. M.A. 

Hanna Plastics Group, et al., Civil 

Action No. 06–409–GMS, D.J. Ref. 90–

11–3–08301. 

The proposed Consent Decree may be 

examined at the Office of the United 

States Attorney for the District of 

Delaware, 1007 Orange Street, Suite 

700, Wilmington, Delaware, 19899, and 

at U.S. EPA Region III’s Office, 1650 

Arch Street, Philadelphia, PA, 19103. 

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 

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 

$7.75 (25 cents per page reproduction 

cost for a full copy) payable to the U.S. 

Treasury. 

Robert D. Brook, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 07–5032 Filed 10–11–07; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Air Act 

Pursuant to 28 CFR 50.7, notice is 

hereby given that on September 20, 

2007, a proposed consent decree in 

United States v. Richmond American 

Homes of Arizona, Inc., Civil No. CIV–

07–1796–PHX–LOA, was lodged with 

the United States District Court for the 

District of Arizona. 

This Consent Decree will address 

claims asserted by the United States in 

a complaint filed contemporaneously 

with the Consent Decree against 

Richmond American Homes of Arizona, 

Inc. (Richmond American) for civil 

penalties and injunctive relief under 

section 113(b) of the Clean Air Act (the 

Act), 42 U.S.C. 7413(b), for failure to 

install suitable trackout control devices, 

failure to immediately clean up 

trackout, failure to implement dust 

control measures, and failure to operate 

water application while conducting 

earthmoving in violation of Rule 2 

Regulation 1, and Rule 310 of 

Regulation 3 of the Maricopa County Air 

Quality Department (MCAQD) which 

are part of the federally approved and 

federally enforceable State 

Implementation Plan (SIP) submitted to 

EPA by the State of Arizona pursuant to 

section 110 of the Act, 42 U.S.C. 7410. 

The proposed Consent Decree 

provides for the payment of $155,000 in 

civil penalties. The Consent Decree also 

includes measures designed to abate 

fugitive dust emissions which include 

installation of trackout control devices 

at its work sites; employing a dust 

control monitor at sites with 50 acres or 

more of surface; and requiring dust 

control training for employees and 

certain employees of sub-contractors 

whose job responsibilities involve dust 

generating operations. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of the 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 v. Richmond American Homes of 

Arizona, Inc., D.J. Ref. 90-5-2-1-08574. 

The Consent Decree may be examined 

at the Office of the United States 

Attorney for the District of Arizona, 

Two Renaissance Square, 40 N. Central 

Avenue, Suite 1200, Phoenix, Arizona 

85004–4408, and at U.S. Environmental 

Protection Agency, Region 9, Office of 

Regional Counsel, 75 Hawthorne Street, 

San Francisco, California 94105. 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/ 

open.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 


jlentini on PROD1PC65 with NOTICES