[Federal Register Volume 70, Number 183 (Thursday, September 22, 2005)]
[Page 55628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18887]



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

    Under 28 CFR 50.7, notice is hereby given that on September 2, 
2005, three proposed Consent Decrees were lodged with the United States 
District Court for the Eastern District of Pennsylvania in U.S. v. 
Union Corps., et al., Civil Action No. 80-1589, DJ 90-11-2-
    The consent decrees propose to resolve the liability of Defendants 
Irvin G. Schorsch and John B. Schorsch, and Third Party Defendants 
Baltimore Gas and Electric Company, Consolidated Edison Company of New 
York, Inc., Jersey Center Power & Light Company, Long Island Lighting 
Company d/b/a LIPA, Metropolitan Edison Company, Orange and Rockland 
Utilities, PECO Energy Company, Potomac Electric Power Company, PP&L 
Electric Utilities Corporation, Public Service Electric and Gas 
Company, and Virginia Power Company (``the Utilities'') under the 
Comprehensive Environment Response, Compensation and Liability Act, 42 
U.S.C. 9606 and 9607, and the Resource Conservation and Recovery Act 
``RCRA''), 42 U.S.C. 6973, et seq. at the Metal Bank Superfund Site, 
located in Philadelphia, Pennsylvania (``the Site'').
    The consent decree would globally settle this action. The Utilities 
would implement the Revised Remedial Plan for the Site, which has been 
approved by EPA, Region 3, and is attached to the Consent Decrees as an 
appendix, the implementation of which would be overseen by EPA. EPA 
would make available to the Utilities the moneys received and to be 
received from Outsourcing Solutions, Inc., under an earlier settlement 
with the corporate defendants in bankruptcy, which is expected to total 
$13.235 million. Irvin Schorsch would pay $9 million, $5.5 million of 
which would be paid to the United States and $3.5 million would be paid 
to the Utilities, and he would also guarantee up to $2 million of OSI's 
payments. John Schorsch would pay $600,000, $50,000 of which would be 
paid to the United States and $550,000 would be paid to the utilities. 
Finally, the Utilities would pay all costs for the remedy, excluding 
oversight costs, not otherwise provided for and will indemnify 
Defendant Irvin G. Schorsch for any liability for cost overruns for 
work done under the revised remedial plan or under reopeners for future 
work needed at the site in connection with the site remediation.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
Amendment. Comments should be addressed to the Assistant Attorney 
General, Environmental and Natural Resources Division, P.O. Box 7611, 
U.S. Department of Justice, Washington, DC 20044-7611, and should refer 
to U.S. v. Union Corp., et al., Civil Action No. 80-1589 (E.D.Pa.).
    The Consent Decrees may be examined at the Office of the United 
States Attorney, Eastern District of Pennsylvania, 615 Chestnut Street, 
Philadelphia, Pennsylvania. During the public comment period, the 
Amendment may also be examined on the following Department of Justice 
Web site, http://www.usdoj.gov/enrd/open.htm. A copy of the Amendment 
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 
([email protected]), 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 $47.75 payable to the 
U.S. Treasury. In requesting a copy exclusive of exhibits and 
defendants' signatures, please enclosed a check in the amount of $8.25 
payable to the U.S. Treasury.

Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 05-18887 Filed 9-21-05; 8:45 am]