26628 Federal Register / Vol. 63, No. 92 /Wednesday, May 13, 1998 / Notices

Office of the United States Attorney,

District of Idaho, 877 W. Main Street,

Suite 201, Boise, Idaho 83702

Office of District Counsel, Corps of

Engineers, Walla Walla District, 201

N. 3rd Avenue, Walla Walla, WA

99362–1876.

A copy may be requested by calling

Deborah A. Hill, Assistant United States

Attorney, at (208) 334–1211. In

requesting a copy, please enclose a

check payable to the Treasury of the

United States in the amount of $6.00 for

a copy of the Consent Decree with

attachments and postage.

Deborah A. Hill,

Assistant U.S. Attorney, District of Idaho.

[FR Doc. 98–12627 Filed 5–12–98; 8:45 am]

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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant to the Comprehensive

Environmental Response,

Compensation, and Liability Act of

1980 (‘‘CERCLA’’)

Notice is hereby given that on April

21, 1998, a proposed Consent Decree

was lodged with the United States

District Court for the Northern District

of Iowa in United States v. Foxley Cattle

Co., et al., Civil Action No. C98–4032

DEO, (N.D. Iowa). The proposed

Consent Decree settles claims asserted

by the United States at the request of the

United States Environmental Protection

Agency (‘‘EPA’’) under Section 107(a) of

the Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980 (‘‘CERCLA’’), 42 U.S.C.

9607(a), in a complaint filed

concurrently with the lodging of the

proposed Consent Decree. The

complaint seeks reimbursement of

response costs incurred and to be

incurred by the United States in

response to the release or threatened

release of hazardous substances at the

Mid-America Tanning Company

Superfund Site, located in Woodbury

County, Iowa.

Under the proposed Consent Decree,

defendant Foxley Cattle Company shall,

inter alia, reimburse the EPA Hazardous

Substance Superfund $642,000, plus

interest, shall pay $100,000 for payment

of Natural Resource Damages to the

United States, and shall conduct and

perform groundwater sampling and

analysis at the Site in accordance with

an EPA approved plan. Defendant

Andrew M. Hain shall, inter alia,

reimburse the EPA Hazardous

Substance Superfund $100,000. In

exchange, and conditioned upon the

complete and satisfactory performance

of their obligations under the proposed

Consent Decree, the settling defendants

shall receive a covenant not to sue

pursuant to Sections 106 and 107(a) of

CERCLA, 42 U.S.C. 9606 and 9607(a),

and Section 7003 of RCRA, 42 U.S.C.

6973, to undertake response actions or

to recover response costs at or in

connection with the Site. Foxley also

shall receive a covenant not to sue

pursuant to Section 107(a) of CERCLA,

42 U.S.C. 9607(a), for Natural Resource

Damages related to the Site. In addition,

the settling defendants receive

contribution protection under Section

113(f)(2), 42 U.S.C. 9613(f)(2), for

matters addressed in the proposed

Consent Decree. The United States

reserves the right to pursue the settling

defendants in certain circumstances if

previously unknown conditions or

information indicates that response

action performed at the Site is not

protective of human health or the

environment.

The Department of Justice will receive

written comments relating to the

proposed Consent Decree for thirty (30)

days from the date of publication of this

notice. Comments should be addressed

to the Assistant Attorney General of the

Environment and Natural Resources

Division, U.S. Department of Justice,

Washington, D.C. 20503, and should

refer to United States v. Foxley Cattle

Co., et al., DOJ #90–11–2–1185A. The

proposed Consent Decree may be

examined at the EPA Region 7 Office at

726 Minnesota Ave., Kansas City, KS

66101. A copy of the proposed Consent

Decree may be obtained in person or by

mail from the Consent Decree Library,

1120 G Street, N.W., 4th Floor,

Washington, D.C. 20005 (202) 624–0892.

In requesting a copy, please enclose a

check in the amount of $10.50 (25 cents

per page) payable to the ‘‘Consent

Decree Library’’.

Joel Gross,

Chief, Environmental Enforcement Section,

Environment and Natural Resources Division.

[FR Doc. 98–12628 Filed 5–12–98; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant to the Clean Water Act

Notice is hereby given that on April

17, 1998, a proposed Consent Decree

was lodged with the United States

District Court for the District of Kansas

in United States v. Texaco Pipeline,

Inc., et al., Civ. No. 96–2152–GTV (D.

Kan.). The proposed Consent Decree

settles claims asserted by the United

States at the request of the United States

Environmental Protection Agency

(‘‘EPA’’) in an action originally filed on

April 1, 1996. The United States filed

this action pursuant to the Federal

Water Pollution Control Act, commonly

referred to as the Clean Water Act

(‘‘CWA’’ or ‘‘Act’’), 33 U.S.C. §§ 1251 et

seq. The complaint requested the

assessment of civil penalties and

injunctive relief against defendants

Texaco Pipeline, Inc. (‘‘Texaco

Pipeline’’) and Texaco Trading and

Transportation, Inc. (‘‘Texaco Trading’’)

for discharges of oil into navigable

waters of the United States or adjoining

shorelines in violation of Sections 301

and 311 of the CWA, 33 U.S.C. 1311 and

1321. These discharges took place from

the defendants’ pipeline systems in the

State of Kansas.

Under the proposed Consent Decree,

the defendants’ collectively will pay to

the United States a $925,000 civil

penalty. In addition, Texaco Trading

shall purge and permanently remove

from service specified portions of its

pipeline system. The defendants also

shall undertake additional injunctive

relief which includes the lowering of

pipeline, improved maintenance of

pipeline, and inspection of pipeline

within the State of Kansas.

The Department of Justice will receive

written comments relating to the

proposed Consent Decree for thirty (30)

days from the date of publication of this

notice. Comments should be addressed

to the Assistant Attorney General of the

Environment and Natural Resources

Division, U.S. Department of Justice,

Washington, D.C. 20530, and should

refer to United States v. Texaco Pipeline

Inc., et al., DOJ #90–5–1–1–4272. The

proposed Consent Decree may be

examined at the EPA Region 7 Office at

726 Minnesota Ave., Kansas City, KS

66101. A copy of the proposed Consent

Decree may be obtained in person or by

mail from the Consent Decree Library,

1120 G Street, N.W., 4th Floor,

Washington, D.C. 20005 (202) 624–0892.

In requesting a copy, please enclose a

check in the amount of $8.00 (25 cents

per page) payable to the ‘‘Consent

Decree Library’’.

Joel Gross,

Chief, Environmental Enforcement Section,

Environment and Natural Resources Division.

[FR Doc. 98–12630 Filed 5–12–98; 8:45 am]

BILLING CODE 4410–15–M