Federal Register / Vol. 65, No. 195 / Friday, October 6, 2000 / Notices 59873

Pennsylvania. The Consent Decree

resolves the claims of the United States

under sections 106(a), 107(a), and

113(g)(2) of the Comprehensive

Environmental Response,

Compensation, and Liability Act, as

amended (‘‘CERCLA’’), for

reimbursement of response costs

incurred at the Berkley Products

Superfund Site located in West Cocalico

Township, Lancaster County,

Pennsylvania, and for declaratory

judgment as to liability that will be

binding in actions to recover further

response costs related to the Site. The

Consent Decree obligates The Berkley

Products Company to pay $30,000 in

reimbursement of response costs

incurred and to be incurred by EPA in

responding to contamination 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 proposed

Consent Decree. Comments should be

addressed to the Assistant Attorney

General for the Environment and

Natural Resources Division, Department

of Justice, Washington, DC, 20530, and

should refer toUnited States v. The

Berkley Products Company, DOJ Ref.

#90–11–3–06947.

The Consent Decree may be examined

at the office of the United States

Attorney, 615 Chestnut Street,

Philadelphia, Pennsylvania, 19106; the

Region III Office of the Environmental

Protection Agency, 1650 Arch Street,

Philadelphia, Pennsylvania, 19103; and

by mail from the Consent Decree

Library, Department of Justice, P.O. Box

7611, Washington, DC 20044–7611. In

requesting a copy from the Consent

Decree Library, please refer to the

referenced case and enclose a check in

the amount of $8.00 (25 cents per page

reproduction cost), payable to the U.S.

Treasury.

Walker Smith,

Deputy Chief, Environmental Enforcement

Section, Environment and Natural Resources

Division.

[FR Doc. 00–25715 Filed 10–5–00; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant to the Comprehensive

Environmental Response,

Compensation and Liability Act

In accordance with Departmental

policy, 28 CFR 50.7, and section 122 of

CERCLA, 42 U.S.C. 9622, notice is

hereby given that on September 27,

2000, a proposed Consent Decree in

United States v. BF Goodrich Company,

et al., C.A. No. C2–97–366 was lodged

with the United States District Court for

the Southern District of Ohio.

In this action the United States sought

recovery of the past costs it incurred in

connection with addressing the release

or threatened release of contaminants at

the Vandale Junkyard Superfund Site in

Marietta, Washington County, Ohio. The

Consent Decree resolves the United

States’ claims under section 107(a) of

CERCLA, 42 U.S.C. 9607(a), for response

costs incurred at the Vandale Superfund

Site against six Defendants: (1) B.F.

Goodrich Co., Inc.; (2) Cytec Industries,

Inc.; (3) Kardex Systems, Inc.; (4)

Lockheed Martin Corp.; (5) Exxon Mobil

Corp.; and (6) Unisys Corporation. The

proposed past cost Consent Decree

provides that, in addition to their

previous payments of $317,953.96, the

Defendants will pay to the United States

$1,975,000 for its unreimbursed past

response costs and prejudgment interest

incurred in connection with the Site

prior to December 5, 1999. The

Defendants will also reimburse all EPA

and DOJ costs incurred after December

5, 1999 for overseeing implementation

of the remedial design/remedial action,

and for overseeing and enforcing the

proposed Consent Decree, to the extent

that those costs exceed $190,000.

The United States covenants not to

sue Defendants for past response costs

and oversight costs. The United States,

however, reserves its ability to seek

penalties for non-compliance with any

orders issued by the Environmental

Protection Agency. Similarly,

Defendants agree not to sue the United

States with respect to past response

costs, oversight costs or this Consent

Decree and Defendants waive their right

to seek contribution with respect to any

claims relating to past costs and

oversight costs, except where another

person first asserts a claim against the

Defendants.

The Department of Justice will receive

for a period of thirty (30) days from the

date of this publication comments

relating to the proposed Consent Decree.

Comments should be addressed to the

Assistant Attorney General,

Environment and Natural Resources

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

Department of Justice, Washington, DC

20044–7611, and should refer to United

States v. BF Goodrich Company, et al.,

C.A. No. C2–97–366 (S.D. Ohio), D.J.

Ref. 90–11–2–962.

The Consent Decree may be examined

at the Office of the United States

Attorney for the Southern District of

Ohio, 280 North High Street, Fourth

Floor, Columbus, Ohio 43215, and the

Region 5 Office of the Environmental

Protection Agency, 77 West Jackson

Street, Chicago, Illinois 60604–3590. 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. In requesting a copy,

please enclosure a check in the amount

of $8 (25 cents per page reproduction

cost) payable to the Consent Decree

Library.

Walker Smith,

Deputy Chief, Environmental Enforcement

Section, Environment and Natural Resources

Division.

[FR Doc. 00–25714 Filed 10–5–00; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Under the Clean Air Act; 42 U.S.C.

7401, et seq.

Notice is hereby given that on

September 14, 2000, a proposed Consent

Decree (‘‘Decree’’) in United States v.

Philips Petroleum Company, Civil

Action No. 1: 97–CV–0144–B, was

lodged with the United States District

Court for the District of Utah. The

United States filed this action pursuant

to Section 113 of the Clean Air Act, 42

U.S.C. 7413, seeking injunctive relief

and civil penalties for the Defendant’s

discharge of sulfur dioxide to the

atmosphere in excess of the levels

permitted by the Utah State

Implementation Plan (‘‘SIP’’). The

violations occurred at the Phillips

Petroleum Company’s Woods Cross,

Utah refinery.

The proposed Consent Decree

requires the Defendants to operate its

sulfur recovery unit within the interim

limitations established by the Consent

Decree until such time as the State of

Utah revises its State Implementation

Plan requirements. In addition, the

Decree requires that Philips pay a civil

penalty in the amount of $375,000 for

its past violations of the Act and the

Utah SIP.

The Department of Justice will receive

for a period of thirty (30) days from the

date of this publication comments

relating to the Decree. Comments should

be addressed to the Assistant Attorney

General of the Environmental and

Natural Resources Division, Department

of Justice, Washington, DC 20530, and

should refer to, United States v. Phillips

Petroleum Company, Civil Action No. 1:

97–CV–0144–B, and D.J. Ref. # 90–5–2–

1–2194.

The Decree may be examined at the

United States Department of Justice,

Environment and Natural Resources

Division, Denver Field Office, 999 18th