Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Notices 61861

Parties may also file written testimony 

in connection with their presentation at 

the hearing, as provided in section 

207.24 of the Commission’s rules, and 

posthearing briefs, which must conform 

with the provisions of section 207.25 of 

the Commission’s rules. The deadline 

for filing posthearing briefs is March 2, 

2005; witness testimony must be filed 

no later than three days before the 

hearing. In addition, any person who 

has not entered an appearance as a party 

to the investigations may submit a 

written statement of information 

pertinent to the subject of the 

investigations, including statements of 

support or opposition to the petition, on 

or before March 2, 2005. On March 16, 

2005, the Commission will make 

available to parties all information on 

which they have not had an opportunity 

to comment. Parties may submit final 

comments on this information on or 

before March 18, 2005, but such final 

comments must not contain new factual 

information and must otherwise comply 

with section 207.30 of the Commission’s 

rules. All written submissions must 

conform with the provisions of section 

201.8 of the Commission’s rules; any 

submissions that contain BPI must also 

conform with the requirements of 

sections 201.6, 207.3, and 207.7 of the 

Commission’s rules. The Commission’s 

rules do not authorize filing of 

submissions with the Secretary by 

facsimile or electronic means, except to 

the extent permitted by section 201.8 of 

the Commission’s rules, as amended, 67 

FR 68036 (November 8, 2002). 

Additional written submissions to the 

Commission, including requests 

pursuant to section 201.12 of the 

Commission’s rules, shall not be 

accepted unless good cause is shown for 

accepting such submissions, or unless 

the submission is pursuant to a specific 

request by a Commissioner or 

Commission staff. 

In accordance with sections 201.16(c) 

and 207.3 of the Commission’s rules, 

each document filed by a party to the 

investigations must be served on all 

other parties to the investigations (as 

identified by either the public or BPI 

service list), and a certificate of service 

must be timely filed. The Secretary will 

not accept a document for filing without 

a certificate of service.

Authority: These investigations are being 

conducted under authority of title VII of the 

Tariff Act of 1930; this notice is published 

pursuant to section 207.21 of the 

Commission’s rules.

Issued: October 18, 2004.

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission.

[FR Doc. 04–23613 Filed 10–20–04; 8:45 am] 

BILLING CODE 7020–02–P

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree, 

Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

Notice is hereby given that on October 

6, 2004, a proposed Consent Decree in 

United States and the State of Colorado

v. Asarco, Inc., an action for injunctive 

relief and the reimbursement of 

response costs pursuant to the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (‘‘CERCLA’’), 42 U.S.C. 9601 et seq., 

was lodged with the United States 

District Court for the District of 

Colorado, Civil Action No. 04–RB–2070 

(CBS). 

In this action, the United States and 

the State of Colorado sought injunctive 

relief to require defendant to perform 

certain remedial actions at the Vasquez 

Boulevard/Interstate 70 Superfund Site, 

located in Denver, Colorado, and to 

reimburse the United States and the 

State of Colorado for response costs 

incurred at the Site. Pursuant to the 

proposed Consent Decree, Asarco will 

remove and dispose of contaminated 

soils from 100 residential properties 

within the Site, and reimburse the 

United States and the State of Colorado 

for future response costs incurred 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, 

Environmental and Natural Resources 

Division, PO Box 7611, U.S. Department 

of Justice, Washington, DC 20044–7611, 

and should refer to United States and 

the State of Colorado v. Asarco, Inc.,

D.J. Ref. DJ# 90–11–3–138/7. 

The Consent Decree may be examined 

at U.S. EPA Region 8, 999 18th Street, 

Suite 500, Denver, Colorado, 80202. 

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, PO 

Box 7611, U.S. Department of Justice, 

Washington, DC 20044-7611 or by 

faxing or e-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj. gov), 

fax no. (202) 514-0097, phone 

confirmation number (202) 514–1547. In 

requesting a copy from the Consent 

Decree Library, please enclose a check 

made payable to the United States 

Treasury in the amount of $10.25 for the 

Consent Decree only or $109.75 for the 

Consent Decree plus Appendices (25 

cents per page reproduction cost).

Robert Brook, 

Assistant Chief, Environmental Enforcement 

Section, Environmental and Natural 

Resources Division, United States Department 

of Justice.

[FR Doc. 04–23498 Filed 10–20–04; 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 29, 2004, a proposed Consent 

Decree in United States of America, The 

State of New Mexico, and The New 

Mexico Office of Natural Resources 

Trustee v. The Burlington Northern and 

Santa Fe Railway Company, Civil 

Action No. CIV–04–1101 JH RHS, was 

lodged with the United States District 

Court for the District of New Mexico. 

In this action the United States, on 

behalf of the United States Department 

of the Interior, the United States Fish 

and Wildlife Service (‘‘DOI’’), and the 

Attorney General of the State of New 

Mexico, on its own behalf and on behalf 

of The State of New Mexico and The 

New Mexico Office of Natural Resources 

Trustee (‘‘NMONRT’’), sought damages 

from The Burlington Northern and 

Santa Fe Railway Company (‘‘BNSF’’) 

for injury to, destruction and loss of 

natural resources, under Section 107(a) 

of the Comprehensive Environmental 

Response, Compensation and Liability 

Act of 1980, 42 U.S.C. 9607(a), resulting 

from the release of hazardous 

substances from the AT & SF 

Albuquerque Superfund Site, located in 

Albuquerque, Bernalillo County, New 

Mexico. The Complaint alleges that 

hazardous substances, including PCP, 

zinc chloride, creosote and its 

constituents, were released from a wood 

treatment plant owned and operated by 

Defendant BNSF’s predecessor to the 

environment, resulting in injury to 

wildlife habitat and groundwater 

resources. The Consent Decree provides 

for BNSF to pay a total of $1.09 million 

to resolve the claims alleged in the 

Complaint. The Consent Decree also 

resolves BNSF’s claim that the Federal 

government is partially responsible for 

61862 Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Notices 

the injury, destruction and loss of 

natural resources due to alleged Federal 

control of the facility during World War 

I, by requiring the United States to pay 

a total of $10,000. Of the total payments 

of $1.1 million, a total of $1,061,192.60 

is to be paid into two separate Court 

Registry trust accounts: (1) $400,000 for 

use by DOI and NMONRT jointly to 

plan and implement projects designed 

to restore, replace, and/or acquire the 

equivalent of injured habitat resources; 

and (2) $661,192.60 for use by 

NMONRT to plan and implement 

projects designed to restore, replace, 

and/or acquire the equivalent of injured 

ground water resources. The remainder 

of the $1.1 million is to be paid to 

reimburse costs incurred to assess the 

injury to, destruction and loss of natural 

resources, as follows: (1) $11,625.32 to 

DOI; (2) $26,101.04 to NMONRT; and 

(3) $1,081.04 to the New Mexico Office 

of the Attorney General. 

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

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States, et al. v. The Burlington Northern 

and Santa Fe Railway Company, D.J. 

Ref. 90–11–2–07889/1. 

The Consent Decree may be examined 

at the Office of the United States 

Attorney, District of New Mexico, 201 

Third St. NW., Ste. 900, Albuquerque, 

NM 87102. 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 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 

$5.25 (25 cents per page reproduction 

cost) payable to the U.S. Treasury.

Thomas A. Mariani, Jr., 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division.

[FR Doc. 04–23495 Filed 10–20–04; 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 29, 2004, a proposed Consent 

Decree in United States of America, and 

the State of New Mexico v. The 

Burlington Northern and Santa Fe 

Railway Company, Civil Action No. 

CIV–104–1102 RB WDS, was lodged 

with the United States District Court for 

the District of New Mexico. 

In this action the United States, on 

behalf of the United States 

Environmental Protection Agency 

(‘‘EPA’’), and the State of New Mexico, 

on behalf of the New Mexico 

Environment Department, sought 

abatement of an imminent and 

substantial endangerment resulting 

from, and recovery of response costs 

incurred and to be incurred in response 

to releases of hazardous substances from 

the AT & SF Albuquerque Superfund 

Site, located in Albuquerque, Bernalillo 

County, New Mexico, under Sections 

106(a) and 107(a) of the Comprehensive 

Environmental Response, Compensation 

and Liability Act, 42 U.S.C. 9606(a) and 

9607(a). The Complaint alleges that 

hazardous substances, including PCP, 

zinc chloride, creosote and its 

constituents, were released from a wood 

treatment plant owned and operated by 

Defendant The Burlington Northern and 

Santa Fe Railway Company’s (‘‘BNSF’’) 

predecessor, resulting in contamination 

of soil and groundwater, including a 

plume of dense non-aqueous phase 

liquid (‘‘DNAPL’’) in the upper zone of 

the Santa Fe formation aquifer. The 

Consent Decree requires BNSF to 

remediate soil and groundwater 

contamination, including the DNAPL 

plume, by implementing the remedial 

action for the Site selected by EPA in its 

June 2002 Record of Decision. The 

Consent Decree also requires BNSF to 

reimburse EPA for past response costs of 

$324,980.74 and to pay response costs 

incurred in the future by EPA and New 

Mexico in connection with the Site. The 

Consent Decree also resolves BNSF’s 

claim that the federal government is 

partially responsible for Site 

remediation due to alleged federal 

control of the facility during World War 

I, by requiring the United States to pay 

BNSF $590,000. 

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

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States et al. v. The Burlington Northern 

and Santa Fe Railway Company, D.J. 

Ref. 90–11–2–07889. 

The Consent Decree may be examined 

at the Office of the United States 

Attorney, District of New Mexico, 201 

Third Street NW., Ste. 900, 

Albuquerque, NM 87102, and at U.S. 

EPA Region 6, 1445 Ross Avenue, Ste. 

1200, Dallas TX 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/

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 

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 specify whether 

you would like a copy of the Consent 

Decree either with or without its 

appendices. For a copy of the Consent 

Decree with appendices enclose a check 

in the amount of $78.50 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury. For a copy of the Consent 

Decree without appendices enclose a 

check in the amount of $23.50 (25 cents 

per page reproduction cost) payable to 

the U.S. Treasury.

Thomas A. Mariani, Jr., 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division.

[FR Doc. 04–23496 Filed 10–20–04; 8:45 am] 

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Consent Decree Pursuant to 

the Clean Water Act 

In accordance with Departmental 

Policy, 28 CFR 50.7, notice is hereby 

given that a proposed consent decree in 

United States v. ConocoPhillips 

Company, Civ. No. H–04–3813, DOJ 

#90–5–1–1–07664, was lodged in the 

United Stated District Court for the 

Southern District of Texas on October 4, 

2004. The Consent Decree resolves the 

liability of the named defendant to the 

United States for violations of section 

301 of the Clean Water Act, 33 U.S.C. 

1311. The claim arises from the 

defendant’s discharge of effluent from a 

wastewater treatment facility at its 

Sweeny Refinery in Old Ocean, Texas,