The Federal Register

Notice of Lodging of a Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act

Fri, Nov 21 2008 11:00:00 GMT

Notice is hereby given that on November 4, 2008, a proposed Consent Decree in the case of United States and State of North Carolina v. Plantation Pipeline Company, Docket No. 3:08cv500, was lodged with the United States
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District Court for the Western District of North Carolina.

In this proceeding, the United States filed claims pursuant to the Clean Water Act, 33 U.S.C. 12511387, for civil penalties and injunctive relief resulting from four discharges of oil from pipelines owned and/or operated by the Defendant in the States of Georgia, North Carolina, and Virginia, during the period January 2000 to November 2006. The Consent Decree also resolves a claim that Defendant failed to prepare and implement a Spill Prevention, Control, and Countermeasure Plan for a Virginia facility, as required by 40 CFR 112.3. Pursuant to the Consent Decree, Defendant agrees to pay civil penalties of $715,000 plus interest to the United States, and $10,000 plus interest to the State of North Ca

Administrative Claims Under the Federal Tort Claims Act; Delegation of Authority

Thu, Nov 20 2008 11:00:00 GMT

This Directive delegates authority to the Secretary of Veterans Affairs to settle administrative tort claims presented pursuant to the Federal Tort Claims Act where the amount of the settlement does not exceed $300,000. This Directive implements the Administrative Dispute Resolution Act. This Directive will alert the general public to the new authority and is being published in the Code of Federal Regulations to provide a permanent record of this delegation.

Administrative Claims Under the Federal Tort Claims Act; Delegation of Authority

Thu, Nov 20 2008 11:00:00 GMT

This Directive delegates authority to the Secretary of Defense to settle administrative tort claims presented pursuant to the Federal Tort Claims Act where the amount of the settlement does not exceed $300,000. This Directive implements the Administrative Dispute Resolution Act. This Directive will alert the general public to the new authority and is being published in the Code of Federal Regulations to provide a permanent record of this delegation.

Administrative Claims Under the Federal Tort Claims Act; Delegation of Authority

Thu, Nov 20 2008 11:00:00 GMT

This Directive delegates authority to the Postmaster General to settle administrative tort claims presented pursuant to the Federal Tort Claims Act where the amount of the settlement does not exceed $300,000. This Directive implements the Administrative Dispute Resolution Act. This Directive will alert the general public to the new authority and is being published in the Code of Federal Regulations to provide a permanent record of this delegation.

Revision to United States Marshals Service Fees for Services

Wed, Nov 19 2008 11:00:00 GMT

This rule revises the United States Marshals Service fees to reflect current costs to the United States Marshals Service for personal service and execution of process in federal court proceedings. A proposed rule with request for comment was published in the Federal Register on June 16, 2008, at 73 FR 33955. No comments were received within the 60day comment period. Accordingly, the proposed rule is finalized without change.

Notice of Lodging Proposed Consent Decree

Wed, Nov 19 2008 11:00:00 GMT

In accordance with Departmental Policy, 28 CFR 50.7, notice is hereby given that a proposed Consent Decree in United States v. Apex Energy, Inc. et al., Civil No. 7:08cv00213, was lodged with the United States District Court for the Eastern District of Kentucky on November 13, 2008.

This proposed Consent Decree concerns a complaint filed by the United States against Apex Energy, Cambrian Coal Corporation, and Marshall Resources, Inc., pursuant to section 301(a) of the Clean Water Act, 33 U.S.C. 1311(a), to obtain injunctive relief and impose civil penalties against the Defendants for violating the Clean Water Act by discharging fill material without a permit into waters of the United States. The proposed Consent Decree resolves these allegations by requiring the Defendants to pay a civil penalty. In addition, Defendants have agreed to make a payment to the Kentucky Department of Fish and Wildlife Resources' Stream and Wetlands Mitigation Program which would be used for stream restoratio

Notice of Lodging of Consent Decree Under Comprehensive Environmental Response, Compensation and Liability Act

Wed, Nov 19 2008 11:00:00 GMT

Under 28 CFR 50.7, notice is hereby given that on November 13, 2008, a proposed consent decree was lodged in United States v. The Berkshire Gas Company, No. 8CV30218, with the United States District Court for the District of Massachusetts.

The proposed Consent Decree resolves claims of the United States, on behalf of the Environmental Protection Agency (``EPA''), under the Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9601 et seq., in connection with a stretch of the Housatonic River known as the 1\1/2\ Mile Reach in Pittsfield, Massachusetts (``Site'') against The Berkshire Gas Company (``Berkshire Gas'').

The proposed Consent Decree resolves the government's claims as alleged in the complaint against Berkshire Gas in exchange for payment of $2,699,199 to the United States. The proposed Consent Decree also resolves the claims of General Electric Company (``GE'') against Berkshire Gas for certain costs GE incurred at the 1 \1/2\ Mile Re

Notice of Meeting

Tue, Nov 18 2008 11:00:00 GMT

This notice sets forth the schedule and proposed agenda of the forthcoming public meeting of the Section 904 Violence Against Women in Indian Country Task Force (hereinafter ``the Task Force'').

Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act

Mon, Nov 17 2008 11:00:00 GMT

Notice is hereby given that on October 31, 2008, a proposed Settlement Agreement in United States v. Vertac Chemical Corp., et al., Civil Action No. LRC80109, was lodged with the United States District Court for the Western District of Arkansas.

Plaintiff the United States of America (``United States''), on behalf of the Administrator of the United States Environmental Protection Agency (``EPA'') and defendant Hercules Incorporated (``Hercules'') and defendant Uniroyal Chemical Ltd. (``Uniroyal'' n/k/a Chemtura Canada Co./Cie.) (collectively referred to as the ``Defendants'') have entered into a Settlement Agreement, Stipulated Order and Judgment (``Settlement Agreement'') to settle the United States' claims against Defendants for the recovery of response costs from June 1, 1998 through September 1, 2008, in connection with the Vertac Inc. Superfund Site (``Vertac Site'') in Jacksonville, Arkansas, and the Jacksonville Municipal Landfill Superfund Site (``Jacksonville Site'') also in Ja

Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act, 42

Mon, Nov 17 2008 11:00:00 GMT

Notice is hereby given that on November 10, 2008, two proposed consent decrees in United States of America and the State of Missouri v. Blue Tee Corp. et al., Civil Action No. 085114, were lodged with the United States District Court for the Western District of Missouri.

The Complaint, filed by the Plaintiffs alleges that the Defendants are liable under Sections 106 and 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9606 et seq., for the performance of response actions and payment of response costs incurred by the United States and the State of Missouri at the Oronogo/Duenweg Mining Belt Superfund Site in Jasper County, Missouri (hereinafter ``the Site'').

The proposed Consent Decrees settle the Plaintiffs' claims against all the Defendants. In the Consent Decrees, the Defendants have agreed to perform the response actions at the Site which were selected by the Record of Decision for the Site issued by the United States Enviro

Notice of Lodging of Agreement and Order Regarding Modification of the Consent Decree Under the Clean Water Act

Mon, Nov 17 2008 11:00:00 GMT

Notice is hereby given that on November 10, 2008, a proposed Agreement and Order Regarding Modification of the Consent Decree (``Agreement and Order'') in United States of America and State of Louisiana v. City of Baton Rouge and Parish of East Baton Rouge, Civil Action No 01978BM3 was lodged with the United States District Court for the Middle District of Louisiana.

This action was originally filed in 2001 by the United States and the State of Louisiana under Clean Water Act (``CWA'') Section 301, 33 U.S.C. 1311, seeking civil penalties and injunctive relief for violations related to the publically owned treatment works owned and operated by the City of Baton Rouge and the Parish of East Baton Rouge (collectively ``the City/Parish''). On March 14, 2001, the Court entered a Consent Decree resolving all claims in the Complaint (``the 2002 Consent Decree''). Among other requirements, the 2002 Consent Decree required the City/Parish to implement a 1315 year project to improve its sewage co

Application Procedures and Criteria for Approval of Providers of a Personal Financial Management Instructional Course

Fri, Nov 14 2008 11:00:00 GMT

This notice of proposed rulemaking (``rule'') sets forth proposed procedures and criteria United States Trustees shall use when determining whether applicants seeking to become and remain an approved provider of a personal financial management instructional course satisfy all prerequisites of the United States Code, as implemented under this rule. Under the current law, individual debtors must participate in an instructional course concerning personal financial management before receiving a discharge of debts. The current law enumerates mandatory prerequisites and minimum standards applicants seeking to become approved providers of a personal financial management instructional course must meet. Under this rule, United States Trustees will approve applicants for inclusion on publicly available provider lists in one or more federal judicial districts if an applicant establishes it meets all the requirements of the United States Code, as implemented under this rule. After obtaining such an approva

Notice of Lodging of Consent Decree Under the Oil Pollution Act

Wed, Nov 12 2008 11:00:00 GMT

Notice is hereby given that on October 30, 2008, a proposed Consent Decree (``Decree'') in United States et al. v. Enbridge Energy Limited Partnership, Civil Action No. 0:08cv5878, was lodged with the United States District Court for the District of Minnesota.

In this action, the United States, the State of Minnesota, and the Leech Lake Band of Ojibwe sought to recover from Enbridge Energy Limited Partnership (``Enbridge'') natural resource damages under the Oil Pollution Act, 33 U.S.C. 2701, et seq., and the Minnesota Water Pollution Control Act, Minn. Stat. Sec. 115.071 subd.3, respectively, at the Enbridge Energy Site, Cohasset, Itasca County, MN, which arose from an alleged July 2002 discharge, from a subsurface pipeline owned by Enbridge, of 6,000 barrels of crude oil into a forested wetland within the watershed of a tributary of the Mississippi River.

Under the proposed Decree, Enbridge will: (i) Pay a total of $16,300 to the plaintiffs in reimbursement of the costs they incurr

Notice of Lodging of Three Consent Decrees Pursuant to the Comprehensive Environmental Response, Compensation, and

Wed, Nov 12 2008 11:00:00 GMT

Notice is hereby given that on November 5, 2008, three proposed consent decrees in United States v. Belle Tire Distr., Inc., et al., No. 06cv0816, were lodged with the United States District Court for the Western District of Michigan.

In this cost recovery action brought pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9607, the United States sought recovery of unreimbursed past response costs and prejudgment interest incurred by the United States Environmental Protection Agency for a removal action at the Carl's Tire Retreading Site near Grawn in Grand Traverse County, Michigan. Under the three proposed consent decrees, three defendants will pay a total of $97,000 to the Hazardous Substance Superfund, an amount determined based upon an analysis of their ability to pay a settlement or judgment.

The Department of Justice will accept comments relating to the three proposed consent decrees for a period of thirty (30) days from the date of p

Notice of Lodging of Consent Decree Under the Clean Air Act (CAA)

Wed, Nov 12 2008 11:00:00 GMT

Notice is hereby given that on October 30, 2008, a proposed Consent Decree in United States v. Biofriendly Corporation, Civil Action No. CV087124 SJO (CTx), was lodged with the United States District Court for the Central District of California.

In this action, the United States sought civil penalties and injunctive relief under the Clean Air Act Section 211(d), 42 U.S.C. 7545(d), for violations of the statute's registration requirements pertaining to fuel additives and fuels containing additives, which are manufactured and sold in the United States. The proposed Consent Decree would require Biofriendly Corporation to pay a civil penalty to the United States in the amount of $1,250,000. Defendant's performance of obligations under the Consent Decree would resolve its liability for allegations in the underlying Complaint.

For a period of thirty (30) days from the date of this publication, the Department of Justice will receive comments relating to the proposed Consent Decree. Comments

Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act

Thu, Nov 6 2008 11:00:00 GMT

Notice is hereby given that on October 29, 2008, a proposed Consent Decree in United States v. Agere Systems, Inc., et al., Civil Action No. 08CV5123 was lodged with the United States District Court for the Eastern District of Pennsylvania.

In this action the United States sought reimbursement of response costs incurred in connection with property known as the Berks Landfill Superfund Site (the ``Site''), located in Spring Township, Pennsylvania. The Consent Decree obligates the Settling Defendants to reimburse $190,000 of the United States' past response costs paid in connection with the Site from June 1, 2002 through April 28, 2006, and all response costs paid or to be paid after that date.

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 emailed to

Notice of Lodging of Consent Decree Under Comprehensive Environmental Response, Compensation and Liability Act

Thu, Nov 6 2008 11:00:00 GMT

Under 28 CFR 50.7, notice is hereby given that on October 30, 2008, three proposed and related Consent Decrees in United States v. American Hoechst Corp., et al., No. 3:08cv1509, United States v. A. R. Sandri, Inc., et al., No. 3:08cv1508, and United States v. M. Swift & Sons, Inc., et al., No. 3:08cv1507, were lodged with the United States District Court for the District of Connecticut.

The proposed Consent Decrees resolve claims of the United States, on behalf of the Environmental Protection Agency (``EPA''), under the Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9601 et seq., in connection with the Solvents Recovery Service of New England, Inc. Superfund Site in Southington, Connecticut (``Site''), against 272 defendants.

The proposed Consent Decree in U.S. v. American Hoechst Corp., et al. requires 58 defendants to perform the Remedial Design/Remedial Action (``RD/RA'') set forth in the Record of Decision (``ROD'') for the Site. Th

Agency Information Collection Activities: Proposed Collection; Comments Requested

Wed, Nov 5 2008 11:00:00 GMT

The Department of Justice (DOJ), Civil Division, will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for ``sixty days'' until January 5, 2009. This process is conducted in accordance with 5 CFR 1320.10.

If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Director, Torts Branch, Civil Division, U.S. Department of Justice, Washington, DC 20530.

Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the f

Notice of Lodging of Consent Decree Modification Under the Clean Water Act

Wed, Nov 5 2008 11:00:00 GMT

In accordance with Department of Justice Policy, 28 U.S.C. 50.7, notice is hereby given that, on October 12, 2008, a proposed Modification of Consent Decree in United States, et al. v. City of Nashua, New Hampshire, Civil Action No. 1:05cv00376PB, was lodged with the United States District Court for the District of New Hampshire.

In this action the United States, on behalf of the United States Environmental Protection Agency (``EPA''), filed a Complaint against the City of Nashua alleging violations of the Clean Water Act concerning the City's current or former combined sewer outfall (``CSO'') facilities. Under the terms of the Consent Decree, the City undertook the implementation of a CSO abatement plan with a completion date of August 2012. The mitigation measures are extensive, requiring completion of the separation of combined sanitary and storm water systems over a large section of the City; the design and construction of wetweather bypass systems; the design and construction of ne

Notice of Lodging of Stipulation In In Re Dura Automotive Systems, Inc. Under the Comprehensive Environmental

Tue, Nov 4 2008 11:00:00 GMT

Notice is hereby given that on October 28, 2008, a proposed Stipulation was lodged with the United States Bankruptcy Court for the District of Delaware in In re Dura Automotive Systems, Inc., Case No. 0611202. The Stipulation between the United States on behalf of the U.S. Environmental Protection Agency (``U.S. EPA''), and Dura Automotive Systems, Inc. and its Debtor subsidiaries, relates to certain liabilities under the Comprehensive Environmental Response, Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9601 et seq., in connection with the Main Street Well Field Superfund Site in Elkhart, Indiana (the ``Site''). Pursuant to the proposed Stipulation, the United States will receive allowed claims totaling $621,692 in connection with the Site.

The Department of Justice will receive comments relating to the Stipulation for a period of thirty (30) days from the date of this publication. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resource

Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act

Mon, Nov 3 2008 11:00:00 GMT

Pursuant to Section 122(d)(2) of CERCLA, 42 U.S.C. 9622(d)(2), notice is hereby given that on October 22, 2008, a proposed Consent Decree in United States of America v. Domtar Paper Company LLC, Civil Action No. 4:08cv179, was lodged with the United States District Court for the Eastern District of North Carolina.

In this action the United States sought to require the Defendant Domtar Paper Company LLC to conduct remedial design and remedial action to address releases and threatened releases of hazardous substances at the Domtar Paper Company LLC (formerly Weyerhaeuser Company) Plymouth Wood Treating Plant Superfund Site (``Site'') near the town of Plymouth in Martin County, North Carolina. The United States also sought to recover certain past and future costs incurred by the Environmental Protection Agency (``EPA'') during the performance of response actions at the Site.

Under the Consent Decree, the Defendant will perform the remedial design and remedial action at Operable Unit

Notice of Lodging of Consent Decree Under the Oil Pollution Act of 1990

Mon, Nov 3 2008 11:00:00 GMT

Notice is hereby given that on October 28, 2008, a proposed consent decree in United States of America and the State of Kansas v. Magellan Ammonia Pipeline et al. Civil Action No. 08cv2532, was lodged with the United States District Court for the District of Kansas.

The Complaint, filed by the Plaintiffs who are Trustees for natural resources, alleges that the Defendants are liable under Section 107 of the Comprehensive Environmental Response, Compensation, and Liability [[Page 65404]]
Act (``CERCLA''), 42 U.S.C. 9607(a), and Section 311 of the Clean Water Act (``CWA''), 33 U.S.C. 1321, for damages for injury to, destruction of, or loss of natural resources in or near Kingman, Kansas, resulting from the release of anhydrous ammonia from a pipeline owned and operated by Defendants on or about October 27, 2004.

In the Consent Decree, the Defendants have agreed to pay a total of $452,535 to the Trustees as Natural Resource Damages including past Natural Resource Damage Assessment costs. T

Notice of Lodging of Proposed Settlement Agreement Under the Comprehensive Environmental Response, Compensation and

Thu, Oct 30 2008 11:00:00 GMT

Notice is hereby given that on October 24, 2008, a proposed Settlement Agreement regarding the Precision National Plating Services Superfund Site (the Site), was filed with the United States District Court for the Middle District of Pennsylvania in United States v. Precision National Plating Services, Inc., Civil No. 3:08CV1946 (M.D. Penn.). Under the terms of the proposed Consent Decree, Precision will pay EPA $987,809.25 for unreimbursed response costs incurred at the Site from April 29, 2004 through August 18, 2007. In addition, Precision has agreed to reimburse EPA for future response costs associated with the Site, and Precision will continue work to clean up the Site pursuant to a Unilateral Administrative Order issued by EPA in April 1998.

The Department of Justice will receive comments relating to the proposed Agreement for a period of thirty (30) days from the date of this publication. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resou

Notice of Public Meeting by Teleconference Concerning Heavy Duty Diesel Engine Consent Decrees

Thu, Oct 30 2008 11:00:00 GMT

The Department of Justice and the Environmental Protection Agency will hold a public meeting on November 19, 2008 at 10 a.m. eastern time by teleconference. The subject of the meeting will be implementation of the provisions of the seven consent decrees signed by the United States and diesel engine manufacturers and entered by the United States District Court for the District of Columbia on July 1, 1999 (United States v. Caterpillar, Case No. 1:98CV02544; United States v. Navistar International Transportation Corporation, Case No. 1:98CV02545; United States v. Cummins Engine Company, Case No. 1:98CV02546; United States v. Detroit Diesel Corporation, Case No. 1:98CV02548; United States v. Volvo Truck Corporation, Case No. 1:98CV02547; United States v. Mack Trucks, Inc., Case No. 1:98CV01495; and United States v. Renault Vehicles Industries, S.A., Case No. 1:98CV02543). In supporting entry by the court of the decrees, the United States committed to meet periodically with states, industry grou

Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and

Tue, Oct 28 2008 11:00:00 GMT

Notice is hereby given that on October 20, 2008, a proposed Consent Decree in United States v. Blue Tee Corp., et al., Civil Action No. 6:08cv1316, was lodged with the United States District Court for the District of Kansas.

In this action, the United States, on behalf of the United States Environmental Protection Agency (``EPA''), sought the performance of response actions and the recovery of certain response costs incurred and to be incurred as a result of releases and threatened releases of hazardous substances from the Treece Subsite of the Cherokee County Superfund Site located in Cherokee County, Kansas. Pursuant to the proposed Consent Decree, Blue Tee Corp, Gold Fields Mining, LLC, and The Doe Run Resources Corporation agree to perform response actions collectively valued at approximately $4.6 million, and to pay certain response costs. The proposed Consent Decree provides the Settling Defendants with a covenant not to sue on the terms set forth therein pursuant to Sections 106

Civil Rights Division; Office of Special Counsel's Antidiscrimination Guidance for Employers Following the Department

Tue, Oct 28 2008 11:00:00 GMT

This notice provides guidance from the Department of Justice's Office of Special Counsel for employers following the Department of Homeland Security's SafeHarbor Procedures pertaining to the receipt of ``nomatch'' letters from the Social Security Administration (``SSA'').

Notice of Lodging of Settlement Agreement Under the Comprehensive Environmental Response, Compensation, and Liability

Fri, Oct 24 2008 11:00:00 GMT

Notice is hereby given that on October 9, 2008, a proposed Consent Decree was filed with the United States District Court for the District of Delaware in United States v. Broadkiln Sportsman Club, Inc., Case No. 1:0800762 (D. Del.). The proposed consent decree resolves cost recovery claims asserted by the U.S. Department of the Interior, U.S. Fish and Wildlife Service (Service) under the Comprehensive Environmental Response Compensation and Liability Act (``CERCLA'') section 107(a), 42 U.S.C. 9607(a), against the Broadkiln Sportsman Club, Inc., a gun club that owns property adjacent to the Prime Hook Wildlife Refuge (the ``Refuge'') located near Milton, Sussex County, Delaware.

The Service incurred about $948,000 in response costs to address lead contamination at the Refuge that resulted from shotgun pellet accumulation on Refuge property. The Club agrees to sell the Club's property adjacent to the Refuge and pay 75% of the sale proceeds to DOI. It also assigns any recoverable insurance

Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act

Thu, Oct 23 2008 11:00:00 GMT

Under 28 CFR 50.7, notice is hereby given that on October 15, 2008, a proposed consent decree was lodged in United States v. MidAmerican Energy Co. and IowaIllinois Manor, LLC, Civil Action No. 08416, in the United States District Court for the Southern District of Iowa.

The United States sought, pursuant to Sections 106 and 107 of the Comprehensive Environmental Response, Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9606 & 9607, to recover costs incurred in response to releases of hazardous substances at the Iowa City Former Manufactured Gas Plant Superfund Site in Iowa City, Iowa (``the Site''), and to require the defendants, MidAmerican and IowaIllinois Manor, to perform EPA's selected remedy at the Site.

Under the terms of the proposed consent decree, MidAmerican and IowaIllinois Manor will perform the remedy for the Site as required in the proposed consent decree and pay $429,300.64 to the Superfund in payment of the United States' unreimbursed response costs. In return

Civil Division; Radiation Exposure Compensation Act: Allowance for Costs and Expenses; Combination of Work Histories

Thu, Oct 23 2008 11:00:00 GMT

The Department of Justice (``the Department'') is publishing this Notice to inform the public of two matters related to the adjudication of claims filed under the Radiation Exposure Compensation Act (``RECA'' or ``the Act''). First, in light of the Tenth Circuit Court decision in Hackwell v. United States, 491 F.3d 1229 (10th Cir. 2007), the Department will no longer enforce its regulation concerning attorney's fees whereby attorneys are prohibited from receiving reimbursement for expenses and costs above the statutory fee limits specified in the Act. The Notice further explains that the Department will not limit attorneys from receiving reimbursement for such expenses and costs from their clients, even when a claim is unsuccessful. Finally, the Department intends to initiate a rulemaking to strike the existing regulation at Sec. 79.74(b) and revise the language, consistent with the Court's decision and this policy statement.

Second, the Department has an ongoing policy of combining uranium

Notice of Lodging of Consent Decree

Wed, Oct 22 2008 11:00:00 GMT

Pursuant to Comprehensive Environmental Response, Compensation and Liability Act

Notice is hereby given that on October 15, 2008, a proposed consent decree (``Consent Decree'') in United States and State of Maine v. J. K. Wright, Inc. and J Kenton Wright, Civil Action No. 07cv116BW, was lodged with the United States District Court for the District of Maine.

In this action the United States and the State of Maine sought reimbursement of past response costs pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a), incurred at the Hows Corner Superfund Site in Plymouth, Maine (``Site''). The United States filed its complaint pursuant to section 107 of CERCLA against the Defendants on August 8, 2007. The proposed Consent Decree resolves the claims asserted in the complaint. Pursuant to the proposed Consent Decree Defendants agree to pay $28,220 to the United States and $5,780 to the State of Maine, in reimbursement of past response costs at the Site.

The Department of Justice will rec

Notice of Lodging of Consent Decree; Under the Comprehensive Environmental Response, Compensation and Liability Act

Tue, Oct 21 2008 11:00:00 GMT

Under 28 CFR 50.7, notice is hereby given that on October 15, 2008, a proposed consent decree with defendant Alcoa, Inc., was lodged in United States v. Alcoa, Inc., Civil Action No. 08415, in the United States District Court for the Southern District of Iowa.

The United States sought, pursuant to sections 106 and 107 of the Comprehensive Environmental Response, Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9606 & 9607, to recover costs incurred in response to releases of hazardous substances at the AlcoaDavenport Works and Mississippi River Pool 15 Superfund Sites in Davenport, Iowa (``the Sites''), to recover natural resource damages at the Sites, and to require defendant Alcoa to implement EPA's selected remedy for the Sites.

The proposed consent decree will resolve the United States' claims against Alcoa. Under the proposed consent decree, Alcoa will perform the remedy for the Sites, and pay $752,345.99 to the Superfund in payment of the United States' unreimbursed Site

Notice of Lodging of Amended Consent Decree; Under the Comprehensive Environmental Response, Compensation, and

Fri, Oct 17 2008 11:00:00 GMT

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 October 7, 2008, the United States lodged an Amended Consent in United States of America v. Lockheed Martin Corporation, et al., Civil No. 4:02cv146 (USDC W.D. Ky.) for the Green River Landfill Superfund Site, located in Maceo, Daviess County, Kentucky (the ``Site''). This Court originally approved a Consent Decree in this matter on September 27, 2002. Since the time the original Consent Decree was approved by the Court, the ``Settling Defendants'' as defined therein, and the United States Environmental Protection Agency (``EPA'') have been unable to implement the institutional controls required at the Site by Section IX of the Consent Decree. Under the proposed Amended Consent Decree, one ``Settling Defendant,'' Browning Ferris Industries of Kentucky, Inc. (``BFIKY'') has or will acqui

Notice of Lodging Proposed Consent Decree

Tue, Oct 14 2008 11:00:00 GMT

In accordance with Departmental Policy, 28 CFR 50.7, notice is hereby given that a proposed Consent Decree in United States of America v. George H. Johnson, et al., No. 2:05cv3579PHX (D. Ariz.), was lodged with the United States District Court for the District of Arizona, Phoenix Division, on October 7, 2008.

The proposed Consent Decree concerns an amended complaint filed on December 28, 2006 against George H. Johnson, Johnson International, Inc., General Hunt Properties, Inc., and 3F Contracting, Inc. for alleged violations of Section 301(a) of the Clean Water Act (``CWA''), 33 U.S.C. 1311(a). The proposed Consent Decree resolves all allegations against the defendants for discharging and/or causing to be discharged dredged or fill material into waters of the United States, namely, the Santa Cruz River and its tributaries, including the Los Robles Wash, at various sites commonly known as the King Ranch and La Osa Ranch located in Pinal County, Arizona, without a permit issued by the Unit

Notice of Lodging of Three Consent Decrees Pursuant to the Comprehensive Environmental Response, Compensation, and

Tue, Oct 14 2008 11:00:00 GMT

Notice is hereby given that on October 7, 2008, three proposed consent decrees in United States v. Belle Tire Distr., Inc., et al., No. 06cv0816, were lodged with the United States District Court for the Western District of Michigan.

In this cost recovery action brought pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9607, the United States sought recovery of unreimbursed past response costs and prejudgment interest incurred by the United States Environmental Protection Agency for a removal action at the Carl's Tire Retreading Site near Grawn in Grand Traverse County, Michigan. Under the three proposed consent decrees, three defendants will pay a total of $28,500 to the Hazardous Substance Superfund, an amount determined based upon an analysis of their ability to pay a settlement or judgment.

The Department of Justice will accept comments relating to the three proposed consent decrees for a period of thirty (30) days from the date of pu

Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act

Wed, Oct 8 2008 11:00:00 GMT

Notice is hereby given that on September 25, 2008, a proposed Consent Decree with Livingston & Company, Inc. (``Consent Decree'') in United States v. AL Processors, f.k.a. AtlasLederer Co., et al., Civil Action No. C391309 was lodged with the United States District Court for the Southern District of Ohio.

In this action, the United States sought reimbursement of response costs in connection with the United Scrap Lead Superfund Site in Troy, Miami County, Ohio (``the Site'') pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9601 et seq. The Consent Decree resolves the United States' claims against Defendant Livingston & Company, Inc. (``Livingston'') for response costs incurred as a result of the release or threatened release of hazardous substances at the Site. This is an ``abilityto pay'' settlement based on financial analyses conducted by the Department's Antitrust Corporate Finance Unit. Livingston will pay the United States $

Procedures for Completing Uniform Forms of Trustee Final Reports in Cases Filed Under Chapters 7, 12, and 13 of the

Tue, Oct 7 2008 11:00:00 GMT

The Department of Justice, through its component, EOUST, is issuing this final rule (rule) pursuant to Section 602 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA).\1\ The BAPCPA requires the Department to issue rules requiring uniform forms for final reports (Uniform Forms) by trustees in cases under chapters 7, 12, and 13 of title 11. The BAPCPA requires the rule to strike the best achievable practical balance between (1) the reasonable needs of the public for information about the operational results of the Federal bankruptcy system, (2) economy, simplicity, and lack of undue burden on persons with a duty to file these reports, and (3) appropriate privacy concerns and safeguards. \1\ Codified at 28 U.S.C. 589b.

Notice of Lodging of Consent Decree Under the Clean Air Act

Mon, Oct 6 2008 11:00:00 GMT

Pursuant to 28 CFR 50.7, notice is hereby given that, on September 30, 2008, a proposed Consent Decree in United States v. Merit Energy Company, LLC and Shell Exploration & Production Co., Civil Action No. 1:08cv917 (W.D. Mich.) was lodged with the United States District Court for the Western District of Michigan. The Consent Decree addresses alleged violations of the Clean Air Act, 42 U.S.C. 7401 7671q, and its implementing regulations at a natural gas processing facility that is located approximately eight miles northeast of Manistee, Michigan. Shell Exploration & Production Co. (``Shell'') constructed the facility in the late 1970s and Shell owned and operated the facility until it sold it to Merit Energy Company, LLC (``Merit'') in December 2003. The facility includes a natural gas sweetening unit that is used to separate sulfurcontaining compounds from natural gas extracted from nearby production wells. The facility also has two Claus sulfur recovery units that recover elemental sulfur

Notice of Lodging of a Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act

Fri, Oct 3 2008 11:00:00 GMT

Notice is hereby given that on September 5, 2008, a proposed Consent Decree in the case of United States and the Commonwealth of Pennsylvania Department of Environmental Protection v. Temrac Company, Inc., Docket No. 084292, was lodged with the United States District Court for the Eastern District of Pennsylvania.

In this proceeding, the United States filed a claim pursuant to Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9607, for reimbursement of costs incurred in connection with response actions taken at the Crossley Farms Superfund Site, located in Huffs Church, Hereford Township, Berks County, Pennsylvania. Pursuant to the Consent Decree, the settling Defendant agrees to pay $1,916,448.77 in reimbursement of costs previously incurred by the United States, and $212,938.93 in reimbursement of costs previously incurred by the Commonwealth of Pennsylvania.

The Department of Justice will receive, for a period of thirt

Notice of Lodging of Consent Decree Under the Clean Water Act

Thu, Oct 2 2008 11:00:00 GMT

Notice is hereby given that on September 12, 2008, a proposed consent decree (the ``Decree'') in United States and State of Oregon v. Truax Oil, Inc., Civil Action No. 3:08cv01063KI, was lodged with the United States District Court for the District of Oregon.

In this action the United States and State of Oregon sought civil penalties for Defendant Truax Oil's spill of approximately 11,000 gallons of oil from a tanker truck owned and operated by Truax. Truax owns and operates a liquid petroleum transport company based in Corvallis, Oregon. On March 11, 2006, a tanker truck owned and operated by Truax carrying approximately 9,000 gallons of gasoline and 2,000 gallons of diesel fuel overturned while traveling on U.S. Highway 5, at Milepost 118, near Roseburg, Oregon. Gasoline and diesel that did not ignite in the ensuing fire spilled into a soil embankment beside the highway and migrated to an unnamed tributary to Roberts Creek, a tributary of the South Fork of the Umpqua River. Truax's dis

Notice of Lodging of Proposed Settlement Agreement Under the Comprehensive Environmental Response, Compensation and

Wed, Oct 1 2008 11:00:00 GMT

Notice is hereby given that on September 19, 2008, a proposed Settlement Agreement regarding the East Helena Superfund Site, Operable Unit No. 2 (the Site), was filed with the United States Bankruptcy Court for the Southern District of Texas in In re Asarco LLC, No. 05 21207 (Bankr. S.D. Tex.) (Docket No. 9231). The settlement reserves claims for any liabilities for property owned by Debtors and for groundwater contamination, among other things. The proposed Agreement entered into by the United States on behalf of the Environmental Protection Agency (EPA), the State of Montana, and Asarco LLC and Asarco Master Inc. (the Debtors), provides, inter alia, that with respect to the Site, (1) the United States on behalf of EPA shall have an allowed general unsecured claim of $13,209,783 for past and future response costs, and (2) the Debtors will not oppose disbursements out of the Asarco Environmental Trust up to $5,773,371 to perform work described by EPA's proposed plan for Site remediation.

FBI Records Management Division National Name Check Program Section User Fees

Fri, Sep 26 2008 11:00:00 GMT

The FBI is authorized to establish and collect fees for providing fingerprintbased and namebased criminal history record information (CHRI) checks and other identification services submitted by authorized users for noncriminal justice purposes including employment and licensing. The fees may include an amount to establish a fund to defray expenses for the automation of criminal justice information services and associated costs. The proposed rule concerns the namebased checks conducted by the Records Management Division (RMD) in the National Name Check Program (NNCP).

The rule explains the methodology used to calculate the revised fees and provides a proposed fee schedule. After public comment, a final rule and notice of the final fee schedule will be published in the Federal Register.

Notice of Lodging of Settlement Pursuant to Clean Air Act

Thu, Sep 25 2008 11:00:00 GMT

Notice is hereby given that on September 17, 2008, a proposed Consent Decree in United States v. City of Winslow, Civil Action No. CV078024PCTSMM, was lodged with the United States District Court for the District of Arizona.

In this action, the United States, on behalf of the United States Environmental Protection Agency (``EPA''), sued the City of Winslow, Arizona, City Administrator, John Roche, and former Facility owner William Christie (collectively, ``Defendants'') for violations of the Clean Air Act, 42 U.S.C. 7401 et seq., and the National Emission Standard for Hazardous Air Pollutants for Asbestos, 40 CFR Part 61, Subpart M. The proposed Consent Decree resolves claims against the Defendants for their failure to provide advanced notice to the EPA of the demolition of a ninebuilding apartment complex in Winslow (``the Facility''), and their failure to comply with applicable regulations during the demolition and subsequent removal of regulated asbestos containing materials from the

Authority To Compromise Civil Claims Under the Comprehensive Environmental Response, Compensation and Liability Act

Wed, Sep 24 2008 11:00:00 GMT

This rule amends our regulations to reflect the name of the Environment and Natural Resources Division, which was formerly known as the Land and Natural Resources Division. The Department of Justice officially changed the name of the Division in the early 1990s, but all of the pertinent parts of part 0 were not amended accordingly.

This order further amends our regulations to authorize the Assistant Attorney General for the Environment and Natural Resources Division to approve certain settlements under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

Bureau of Justice Statistics; Agency Information Collection Activities: Proposed Collection; Comments Requested

Wed, Sep 24 2008 11:00:00 GMT

The Department of Justice (DOJ), Bureau of Justice Statistics, will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for ``sixty days'' until November 24, 2008. This process is conducted in accordance with 5 CFR 1320.10.

If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Paul Guerino, Statistician, Bureau of Justice Statistics, 810 Seventh Street, NW., Washington, DC 20531 (phone 2026163277).

Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged

Notice of Lodging of Consent Decrees Under the Resource Conservation and Recovery Act (RCRA)

Wed, Sep 24 2008 11:00:00 GMT

Pursuant to 28 CFR 50.7, notice is hereby given that on September 17, 2008, two proposed consent decrees in United States and Alabama Department of Environmental Management v. Brown Wood Preserving Co., Inc., and the James Graham Brown Foundation, Inc., Civil Action No. 2:08CV1720RDP, were lodged with the United States District Court for the Northern District of Alabama.

These Consent Decrees will resolve claims asserted by the United States and the Alabama Department of Environmental Management (``ADEM'') against Brown Wood Preserving Co., Inc. (``Brown Wood'') and the James Graham Brown Foundation, Inc. (``JGBF'') for injunctive relief and civil penalties based on violations of the Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6928, that occurred at a wood treatment facility located in Northport, Alabama, formerly owned and operated by JGBF and presently owned and operated by Brown Wood. The complaint in this action alleges that Brown Wood operated a hazardous waste dis

Notice of Lodging of Consent Decree Under the Oil Pollution Act of 1990

Tue, Sep 23 2008 11:00:00 GMT

Notice is hereby given that on September 12, 2008, a proposed consent decree in United States of America, the State of Washington, and Suquamish Tribe v. Foss Maritime Co., Civil Action No. 08cv1364, was lodged with the United States District Court for the Western District of Washington.

The Complaint, filed by the Plaintiffs who are Trustees for natural resources, alleges that the defendant, Foss Maritime Company, is liable for natural resource damages pursuant to the Oil Pollution Act of 1990 (``OPA''), 33 U.S.C. 2701 et seq., resulting from the discharge of oil into Puget Sound on December 30, 2003, from a tank barge owned and operated by the defendant at the Point Wells terminal in Shoreline, Washington (hereinafter ``Foss Oil Spill''). In the Consent Decree, the defendant has agreed to pay $382,123 to the Trustees. This amount will reimburse the Trustees for their natural resource damage assessment costs and finance several restoration projects that will be undertaken to restore th

Notice of Lodging of Settlement Agreement Under the Comprehensive Environmental Response, Compensation, and Liability

Tue, Sep 23 2008 11:00:00 GMT

Notice is hereby given that on September 9, 2008, a proposed Settlement Agreement Regarding Miscellaneous Federal and State Environmental Sites was filed with the United States Bankruptcy Court for the Southern District of Texas in In re ASARCO LLC, et al., Case No. 0521207 (Bankr. S.D. Tex.) (Docket No. 91015, Plan Exhibit 12B). The settlement provides the United States with an allowed general unsecured claim in the amount indicated for each of the following Sites: The Tacoma SiteOperable Units (``OU'') 02, 04, and 06 of the Commencement Bay Nearshore Tideflats Superfund Site in and around Tacoma and Ruston, Washington, $27,000,000; the Circle Smelting Sitea former zinc smelter facility located in the Village of Beckemeyer, Illinois, $6,052,390; the Terrible Mine Sitea 44acre former lead mining and milling site located in the Old Isle Mining District of Custer County, Colorado, $1,400,000; Stephenson/Bennett Mine Sitea 150acre former mining and milling area in Do[ntilde]a Ana County, New

Notice of Lodging of Settlement Agreement Under the Comprehensive Environmental Response, Compensation and Liability

Tue, Sep 23 2008 11:00:00 GMT

Notice is hereby given that on September 10, 2008, a proposed Settlement Agreement (``Agreement'') in In re Shapes/Arch Holdings LLC et al., Case No. 0814631(GMB) (Bankr. D.N.J.), was lodged with the United States Bankruptcy Court for the District of New Jersey. The Agreement was entered into by the United States, on behalf of the United States Environmental Protection Agency (``EPA''), and Shapes/ Arch Holdings LLC and its subsidiaries, Shapes LLC, Delair LLC, Accu Weld LLC, and Ultra LLC (collectively the ``Debtors''). The Agreement relates to liabilities of the Debtors under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 9601 et seq. (``CERCLA''). The Agreement provides that the Debtors will make a payment to the United States in a total amount of $811,924, representing the following amounts for the following Superfund sites: The Swope Oil Site in Pennshauken, NJ$375,000, the D'Imperio Superfund Site in Hamilton Township, NJ$149,506, the Ewan S

National Motor Vehicle Title Information System (NMVTIS)

Mon, Sep 22 2008 11:00:00 GMT

The National Motor Vehicle Title Information System (NMVTIS) has been established pursuant to 49 U.S.C. 30502 and is in operation, or partial operation, in at least 25 states. NMVTIS is intended to provide authorized recipients with instant and reliable access to motor vehicle titling information maintained by the states. The goal of NMVTIS is to assist in efforts to prevent the introduction or reintroduction of stolen motor vehicles into interstate commerce. NMVTIS helps state titling agencies by verifying motor vehicle and title information, information on brands applied to motor vehicles, and information regarding whether motor vehicles have been reported stolen. This rule implements the NMVTIS reporting requirements imposed on junk yards, salvage yards, and insurance carriers pursuant to 49 U.S.C. 30504(c). This rule also clarifies the process by which NMVTIS will be funded and clarifies the various responsibilities of the operator of NMVTIS, states, junk yards, salvage yards, and insurance

Notice of Lodging of Proposed Settlement Agreement Under the Comprehensive Environmental Response, Compensation and

Mon, Sep 22 2008 11:00:00 GMT

Notice is hereby given that on September 12, 2008, a proposed Settlement Agreement regarding the Bunker Hill Mining and Metallurgical Complex Superfund Site also known as the Coeur d'Alene Basin Site in Idaho and the Omaha Lead Site in Nebraska was filed with the United States Bankruptcy Court for the Southern District of Texas in In re Asarco LLC, No. 0521207 (Bankr. S.D. Tex.) (Docket No. 91016, Plan Exhibit 12C). The proposed Agreement entered into by the United States on behalf of the Environmental Protection Agency (EPA), Department of Interior (DOI), and Department of Agriculture Forest Service (FS) and Asarco LLC provides, inter alia, that (A) with respect to the Coeur d'Alene Basin Site, (i) the United States on behalf of EPA shall have an allowed general unsecured claim of $41.464 million for past costs and future oversight costs, (ii) the Successor Coeur d'Alene Custodial and Work Trust shall be paid $373.179 million to perform work, (iii) the United States on behalf of DOI and FS

Notice of Lodging of Stipulation and Modification of Consent Decree With Broderick Investment Company Under the

Fri, Sep 19 2008 11:00:00 GMT

Notice is hereby given that on September 15, 2008 a Stipulation and Modification of Consent Decree (``Stipulation'') with Broderick Investment Company (``BIC'') in United States of America v. Broderick Investment Company, Civil Action No. 86Z369, was lodged with the United States District Court for the District of Colorado.

The United States and the State of Colorado previously entered into a consent decree with BIC that was approved and entered by the United States District for the District of Colorado on June 26, 1995. Pursuant to that consent decree BIC is obligated to complete the remedy for the Broderick Wood Products Superfund Site in Adams County, Colorado (the ``Site''). The Stipulation effects a compromise of a portion of EPA's billings to BIC for EPA's oversight costs for the years 2002, 2003, and 2004, and suspends BIC's obligation to pay EPA's future oversight costs. The Stipulation provides a process for EPA to bill BIC for future oversight costs and to be reimbursed for the

Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act

Fri, Sep 19 2008 11:00:00 GMT

Notice is hereby given that on September 12, 2008, a proposed consent decree in United States of America and California Department of Toxic Substances Control (``DTSC'') v. Newmont Capital Limited and Newmont Mining Corporation of Canada Limited, Civil No. 2:08at1061, was lodged with the United States District Court for the Eastern District of California.

This Consent Decree resolves claims asserted by the United States and DTSC
[[Page 54431]]
in a complaint filed on September 12, 2008, against the settling defendants pursuant to Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9607(a), for the recovery of response costs related to releases and threatened releases of hazardous substances from the Lava Cap Mine Superfund Site located in Nevada County, California (``the Site'').

The proposed Consent Decree provides for the payment by the settling defendants of $3 million in response costs incurred at the Site, includin

Office on Violence Against Women; Agency Information Collection Activities: Revision of a Currently Approved

Thu, Sep 18 2008 11:00:00 GMT

[[Page 54165]]
Training and Services to End Violence Against and Abuse of Women Later in Life Program.

The Department of Justice, Office on Violence Against Women (OVW), will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register Number 73, page 40375 on July 14, 2008, allowing for a 60day comment period.

The purpose of this notice is to allow for an additional 30 days for public comment until October 20, 2008. This process is conducted in accordance with 5 CFR 1320.10.

Office on Violence Against Women; Agency Information Collection Activities: Revision of a Currently Approved

Thu, Sep 18 2008 11:00:00 GMT

The Department of Justice, Office on Violence Against Women (OVW), will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register Volume 73, Number 135, page 40375, on July 14, 2008, allowing for a 60day comment period.

The purpose of this notice is to allow for an additional 30 days for public comment until October 20, 2008. This process is conducted in accordance with 5 CFR 1320.10.

Written comments and/or suggestions regarding the items contained in this notice, especially the estimated public burden and associated response time, should be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Des

Office on Violence Against Women; Agency Information Collection Activities: New Collection

Thu, Sep 18 2008 11:00:00 GMT

The Department of Justice, Office on Violence Against Women (OVW) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register Volume 73, Number 135, page 40374 on July 14, 2008, allowing for a 60day comment period.

The purpose of this notice is to allow for an additional 30 days for public comment until October 20, 2008. This process is conducted in accordance with 5 CFR 1320.10.

Written comments and/or suggestions regarding the items contained in this notice, especially the estimated public burden and associated response time, should be directed to The Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk

Notice of Lodging of Consent Decree Under the Clean Air Act

Wed, Sep 17 2008 11:00:00 GMT

In accordance with Departmental policy, 28 CFR 50.7, notice is hereby given that on September 8, 2008, a proposed consent decree (``Consent Decree'') in United States v. St. Marys Cement Inc. (U.S.) and St. Barbara Cement Inc., Civil Action No. 3:08CV50199, was lodged with the United States District Court for the Northern District of Illinois, Western Division.

In this action, brought against St. Marys Cement Inc. (U.S.) and St. Barbara Cement Inc. (``collectively ``Defendants'') pursuant to sections 113(b) and 167 of the Clean Air Act (``the Act''), 42 U.S.C. 7413(b) and 7477, the United States has sought injunctive relief and the assessment of civil penalties for violations of the Prevention of Significant Deterioration (``PSD'') provisions of the Act, 42 U.S.C. 747092, and the PSD regulations incorporated into the federally approved and enforceable Illinois State Implementation Plan (``the SIP'') at a Portland cement plant located in or near Dixon, Illinois (``Facility''). The United

Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act

Thu, Sep 11 2008 11:00:00 GMT

Notice is hereby given that on September 2, 2008, a Consent Decree in United States v. Reuland Electric Company, Civil Action No. 08 05618, was lodged with the United States District Court for the Central District of California.

The Consent Decree resolves claims brought by the United States, on behalf of the United States Environmental Protection Agency (``EPA''), and the California Department of Toxic Substances Control (``DTSC'') under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9607, et seq., and section 7003 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6973, related to the releases and threatened releases of hazardous substances at the Puente Valley Operable Unit of the San Gabriel Valley Area 4 Superfund Site (``Site'') in Los Angeles County, California.

The proposed Consent Decree requires Defendant to pay the United States $246,000 and DTSC $4,000, in reimbursement of past response costs.

The

Notice of Lodging Proposed Consent Decree

Wed, Sep 10 2008 11:00:00 GMT

In accordance with Departmental Policy, 28 CFR 50.7, notice is hereby given that a proposed Consent Decree in United States of America v. Mark and Amanda St. Pierre, Civil Action No. 1:08cv177 (D. Vt.), was lodged with the United States District Court for the District of Vermont on September 3, 2008.

This proposed Consent Decree concerns a complaint filed by the United States against Mark and Amanda St. Pierre, pursuant to sections 309(b), 309(d) and 404 of the Clean Water Act, 33 U.S.C. 1319(b), 1319(d) and 1344, to obtain injunctive relief from and impose civil penalties against the Defendants for violating the Clean Water Act by discharging pollutants without a permit into waters of the United States. The proposed Consent Decree resolves these allegations by requiring the Defendants to restore the impacted areas and perform mitigation and to pay a civil penalty. The Consent Decree also provides for the Defendants to perform a supplemental environmental project.

The Department of J

Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act of

Fri, Sep 5 2008 11:00:00 GMT

Notice is hereby given that on August 21, 2008, a Complaint was filed and a proposed Consent Decree was lodged with the United States District Court for the District of New Jersey in United States of America v. Air Products and Chemicals, Inc., Civil Action No. 2:08cv 04216.

In this action the United States seeks reimbursement of response costs incurred by EPA for response actions at the Chemsol, Inc. Superfund Site (``Site'') in Piscataway Township, Middlesex County, New Jersey, and performance of studies and response work at the Site consistent with the National Contingency Plan, 40 CFR Part 300, pursuant to Sections 106 and 107 of the Comprehensive Environmental, Response, Compensation, and Liability Act, 42 U.S.C. 9606 and 9607 (``CERCLA''). The Consent Decree provides that the new settlors will financially contribute to and perform work at the Site together with a group of potentially responsible parties that resolved their liability to the United States in 2000 in a Consent Decree.

Office on Violence Against Women; Agency Information Collection Activities: Revision of a Currently Approved

Wed, Sep 3 2008 11:00:00 GMT

The Department of Justice, Office on Violence Against Women (OVW) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register Volume 73, page 40375 on April 10, 2008 allowing for a 60day comment period.

The purpose of this notice is to allow for an additional 30 days for public comment October 3, 2008. This process is conducted in accordance with 5 CFR 1320.10.

Notice of Lodging Proposed Consent Decree

Wed, Sep 3 2008 11:00:00 GMT

In accordance with Departmental Policy, 28 CFR 50.7, notice is hereby given that a proposed Consent Decree in United States v. Henkemeyer (D. Minn.), Civil Action No. 0:08cv05030PJSRLE, was lodged with the United States District Court for the District of Minnesota on August 27, 2008.

This proposed Consent Decree concerns a complaint filed by the United States against Gerome G. Henkemeyer, Henkemeyer Landfill, Inc., and Riley Bros. Construction, Inc. (collectively ``the Defendants'') pursuant to section 309(b) and (d) of the Clean Water Act (``CWA''), 33 U.S.C. 1319(b) and (d), to obtain injunctive relief from and impose civil penalties against the Defendants for violating the Clean Water Act by discharging pollutants without a permit into waters of the United States. The proposed Consent Decree resolves these allegations by requiring the Defendants to restore the impacted areas, perform mitigation, and pay civil penalties.

The Department of Justice will accept written comments relati

Notice of Lodging of Consent Decree Amendment Under the Comprehensive Environmental Response, Compensation and

Thu, Aug 28 2008 11:00:00 GMT

Notice is hereby given that on August 21, 2008, proposed Modifications to the Consent Decree entered in United States and New Mexico Office of the Natural Resources Trustee v. Bayard Mining Corp. et al., Civil Action No. 950285 MV/LFG, was lodged with the United States District Court for the District of New Mexico.

In this action, the parties to the Consent Decree have stipulated to modify the Consent Decree entered by the Court in this matter on June 12, 1995. The original Consent Decree was entered pursuant to Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA'') sections 106(a) and 107, 42 U.S.C. 9606(a) and 9607, and section 7003 of the Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6903. The original Consent Decree addressed the cleanup of the Cleveland Mill Superfund Site, located near Silver City, New Mexico. Due to changes in the required response action at the Site, the parties have stipulated to modify this Consent Decree.

Since en

Notice of Public Comment Period for Proposed Second Amendment to Consent Decree Under the Clean Air Act

Thu, Aug 28 2008 11:00:00 GMT

Under 28 CFR 50.7, notice is hereby given that, for a period of 30 days, the United States will receive public comments on a proposed Second Amendment to Consent Decree in United States and the State of Minnesota v. Koch Petroleum Group, L.P, (Civil Action No. 00CV2756), which was lodged with the United
[[Page 50841]]
States District Court for the District of Minnesota on August 22, 2008.

The parties are amending the Consent Decree in this national, multifacility Clean Air Act (``Act'') enforcement action against Koch Petroleum Group, L.P, now known as Flint Hills Resources, LP (``FHR''), pursuant to section 113(b) of the Clean Air Act (``CAA''), 42 U.S.C. 7413(b) (1983), amended by, 42 U.S.C. 7413(b) (Supp. 1991). The original settlement, covering three refineries, was entered by the Court on April 25, 2001, as part of EPA's Petroleum Refinery Initiative.

This proposed Second Amendment applies to the fluidized catalytic cracking unit (``FCCU'') at FHR's Corpus Christi East Refinery i

Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act

Wed, Aug 27 2008 11:00:00 GMT

Notice is hereby given that on August 21, 2008, a proposed Consent Decree (the ``Decree'') in United States v. City of Newburgh, et al., Civil Action No. 08 Civ. 7378 (SCR), was lodged with the United States District Court for the Southern District of New York.

The Decree resolves the claims of the United States, on behalf of the Environmental Protection Agency (``EPA''), under Sections 107 and 113 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9607
[[Page 50643]]
and 9613, against the City of Newburgh (``Newburgh''), Connell Limited Partnership (``Connell''), International Business Machines Corporation (``IBM''), Northrop Grumman Ship Systems, Inc. (``Northrop''), and the City of Poughkeepsie (``Poughkeepsie'') (collectively, the ``Defendants''), relating to the Consolidated Iron and Metal Company Superfund Site (the ``Site''), located in the City of Newburgh, Orange County, New York. The Site is a former junkyard and scrap met

Notice of Lodging of Consent Decree Pursuant to the Clean Air Act

Wed, Aug 27 2008 11:00:00 GMT

Notice is hereby given that on August 21, 2008, a proposed consent decree in United States and the State of Illinois v. Crane Composites, Inc., No. 08cv4735, was lodged with the United States District Court for the Northern District of Illinois.

In this civil action brought pursuant to the Clean Air Act, 42 U.S.C. 7613, the United States sought to prevent the emission of volatile organic material (``VOM'') in excess of limits imposed by the Illinois State Implementation Plan and the facility's air emission permit issued under Title V of the Act from the Crane Composites, Inc. fiberglass reinforced plastics manufacturing facility in Channahon, Will County, Illinois. The State of Illinois joined this action as co plaintiff asserting the same claims under the equivalent state laws and regulations. Under the proposed consent decree, Crane Composites will install a permanent total enclosure to capture 100% of its offgases from its production lines and route those gases to a regenerative therm

Notice of Lodging Proposed Consent Decree

Wed, Aug 27 2008 11:00:00 GMT

In accordance with Departmental Policy, 28 CFR 50.7, notice is hereby
[[Page 50644]]
given that a proposed Consent Decree in Sierra Club, et al. v. MasTec North America, Inc., et al., No. 031697HO (D. Or.), consolidated with United States v. MasTec, Inc., et al., No. 066071HO (D. Or.), was lodged with the United States District Court for the District of Oregon on August 19, 2008.

This proposed Consent Decree concerns complaints filed by the United States against MasTec, Inc. and MasTec North America, Inc. pursuant to section 301(a) of the Clean Water Act, 33 U.S.C. 1311(a), to obtain, among other things, injunctive relief from and to impose civil penalties against MasTec, Inc. and MasTec North America, Inc. for violating the Clean Water Act by discharging pollutants in violation of a permit and without a permit into waters of the United States. The proposed Consent Decree resolves certain of the allegations against MasTec, Inc. and MasTec North America, Inc. by requiring them to provide

Notice of Lodging of Consent Decree Under the Clean Air Act

Tue, Aug 26 2008 11:00:00 GMT

Under 28 CFR 50.7, notice is hereby given that on August 19, 2008 a Consent Decree in United States and the State of Louisiana v. Calcasieu Refining Company, Inc., Civil Action No. 2:08cv01215PMKK was lodged with the United States District Court for the Western District of Louisiana.

In a complaint that was filed simultaneously with the Consent Decree, the United States and the State of Louisiana sought injunctive relief and penalties against Calcasieu Refining Company, Inc. (``Calcasieu'') pursuant to Section 113(b) of the Clean Air Act, 42 U.S.C. 7413(b), for alleged Clean Air Act violations and violations of the corollary provisions in state law at a petroleum refinery in Lake Charles, Louisiana owned by Calcasieu.

Under the settlement, Calcasieu will implement air pollution control technologies to reduce emissions of nitrogen oxides from refinery process units. Calcasieu also will adopt facilitywide enhanced benzene waste monitoring and fugitive emission control programs, as wel

Notice of Lodging of Consent DecreeUnder the Clean Air Act and

Tue, Aug 26 2008 11:00:00 GMT

Other Environmental Statutes

Notice is hereby given that on August 19, 2008, a proposed Consent Decree in United States v. Burlington Resins, Inc., d/b/a Colorite Specialty Resins, Inc., Civil Action No. 0801432 (RBK), was lodged with the United States District Court for the District of New Jersey.

In this action, the United States sought a civil penalty and injunctive relief for violations of the Clean Air Act, 42 U.S.C. 7401, et seq., the Clean Water Act, 33 U.S.C. 1251, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. 2601, et seq., and the Emergency Planning and Community RighttoKnow Act, 42 U.S.C. 11001, et seq., as well as regulations promulgated under those statutes, including the National Emission Standard for Vinyl Chloride at 40 CFR Part 61, Subpart F, in connection with the polyvinyl chloride manufacturing facility that the settling defendant, Colorite Specialty Resins, Inc. (Colorite), operates at 116 Be

Membership of the Senior Executive Service Standing Performance

Tue, Aug 26 2008 11:00:00 GMT

Pursuant to the requirements of 5 U.S.C. 4314(c)(4), the Department of Justice announces the membership of its 2008 Senior Executive Service (SES) Standing Performance Review Boards (PRBs). The purpose of a PRB is to provide fair and impartial review of SES performance appraisals, bonus recommendations and pay adjustments. The PRBs will make recommendations regarding the final performance ratings to be assigned, SES bonuses and/or pay adjustments to be awarded.

Notice of Lodging of Proposed Consent Decrees Under the Comprehensive Environmental Response, Compensation, and

Fri, Aug 22 2008 11:00:00 GMT

Notice is hereby given that two Consent Decrees in United States of America v. M.A. Hanna Plastics, Inc., et al., Civil Action No. 06409 GMS, have been lodged with the United States District Court for the District of Delaware. The United States lodged a consent decree with defendant Wilmington Economic Development Corporation
[bs] (``WEDCO'') on August 8, 2008, and lodged a consent decree with defendant M.A. Hanna Plastics Group
[bs]``Hanna'') on August 14, 2008.

The two consent decrees will resolve the liability of the two remaining defendants in this cost recovery action under Section 107 of the Comprehensive Environmental Response, Compensation and Liability Act [bs] (``CERCLA''), 42 U.S.C. 9607 in connection with the 12th Street Dump Site in Wilmington, Delaware
[bs](``Site''). On June 28, 2006, the United States filed a Complaint against four defendants who currently or previously owned or operated property at the Site