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,