40736 Federal Register / Vol. 63, No. 146 /Thursday, July 30, 1998 / Notices

Heartland Partners, et al., DOJ. Ref. #90–

11–2–1210.

The proposed consent decree may be

examined at the office of the United

States Attorney for the Western District

of Wisconsin, 660 W. Washington

Avenue, Suite 200, Madison, WI 53701–

1585; at Region 5, Office of the

Environmental Protection Agency, 77

West Jackson Blvd, Chicago, IL 60604;

and at the Consent Decree Library, 1120

G Street, N.W., 4th floor, Washington,

D.C. 20005, 202–624–0892. A copy of

the proposed consent decree may be

obtained in person or by mail from the

Consent Decree Library. In requesting a

copy, please enclose a check in the

amount of $6.25 (25 cents per page

reproduction costs) payable to the

Consent Decree Library. When

requesting a copy please refer to United

States v. CMC Heartland Partners, et al.,

DOJ. Ref. #90–11–2–1210.

Joel M. Gross,

Chief, Environmental Enforcement Section,

Environment and Natural Resources Division.

[FR Doc. 98–20396 Filed 7–29–98; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Environmental

Settlements

In accordance with Department

policy, 28 CFR § 50.7, notice is hereby

given that on June 16, 1998, the United

States, on behalf of the U.S.

Environmental Protection Agency

(‘‘EPA’’) entered into proposed

settlements in two related cases, United

States v. City of McKinney, Texas (498–

cv–202) and United States v. McKinney

Smelting, Inc. (498–cv–204). The

settlements involve remediation of, and

environmental violations at, the

McKinney Smelting, Inc. (‘‘MSI’’) scrap

metal recycling facility. The Consent

Decrees were lodged with the Court on

July 10, 1998.

The settlement with the City of

McKinney (the ‘‘City’’) is pursuant to

the Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980, as amended (‘‘CERCLA’’),

42 U.S.C. 9601, et seq. and the Solid

Waste Disposal Act, as amended by the

Resource Conservation and Recovery

Act (‘‘RCRA’’), 42 U.S.C. 6901 et seq.

The United States has alleged that the

City contributed to the contamination of

the MSI facility as the past owner of

roads which border the facility and

which contained lead battery casings as

fill material in the roadbed. Under the

proposed settlement, the City will

contribute $33,500 to fund a portion of

the cleanup of the MSI facility, which

will be performed by a prospective

purchaser, Ferex, Inc., in accordance

with a March 25, 1998 ‘‘Agreement and

Covenant Not to Sue’’ (‘‘PPA’’) with the

United States.

The Consent Decree with MSI is

pursuant to Section 7003 of RCRA, 42

U.S.C. 6973, Section 15(1)(C) of the

Toxic Substances Control Act (‘‘TSCA’’),

15 U.S.C. 2614(1)(C) and Sections 301(a)

and 402(p) of the Clean Water Act

(‘‘CWA’’), 33 U.S.C. 1311(a) and

1342(p). The United States alleges MSI’s

improper disposal of non-liquid

polychlorinated biphenyls (‘‘PCBs’’),

failure to comply with the Storm Water

Pollution Prevention requirements of

the CWA, and that the disposal of

hazardous and solid waste at the facility

may present an imminent and

substantial endangerment to health or

the environment. The proposed Consent

Decree requires MSI to pay $25,000 in

settlement of CWA civil penalty claims,

based on the company’s financial

inability to pay the full penalty

demanded.

The U.S. Department of Justice will

receive for a period of thirty (30) days

from the date of this publication

comments concerning the proposed

Consent Decrees. 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 the appropriate

settlement, either United States v. City

of McKinney, Texas, D.J. ref. 90–5–1–1–

4458/2 or United States v. McKinney

Smelting, Inc., D.J. ref. 90–5–1–1–4458.

In addition, interested parties may

request a public meeting in the affected

area in accordance with Section 7003(d)

of RCRA, 42 U.S.C. 6973(d).

The proposed Consent Decrees may

be examined at the Office of the United

States Attorney for the Eastern District

of Texas, Sherman Division, 660 North

Central Expressway, Suite 400, Plano,

Texas 75704; the Office of the City

Manager, City of McKinney, 222 E.

Tennessee, McKinney, Texas 75070; and

at the Consent Decree Library, 1120 G

Street, N.W., 4th Floor, Washington,

D.C. 20005. A copy of the proposed

Consent Decrees may be obtained in

person or by mail from the Consent

Decree Library, 1120 G Street, N.W.,

Washington, D.C. 20005. In requesting a

copy of these Decrees, Please enclose a

check to cover the $.25 per page

reproduction costs. A check in the

amount of $11.50 is required if

requesting a copy of the City of

McKinney Decree. A check in the

amount of $4.75 is required if requesting

a copy of the McKinney Smelting, Inc.

Decree. Make checks payable to:

Consent Decree Library.

Joel Gross,

Chief, Environmental Enforcement Section,

Environment & Natural Resources Division.

[FR Doc. 98–20400 Filed 7–29–98; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant to the Clean Air Act, the

Emergency Planning and Community

Right To Know Act and the

Comprehensive Environmental

Response, Compensation, and Liability

Act

In accordance with Departmental

policy, 28 CFR 50.7, notice is hereby

given that a proposed Consent Decree in

United States v. Terra International, Inc.

and Terra Industries, Inc., No. C98–

4070MWB (N.D. Iowa), was lodged on

June 26, 1998, with the United States

District Court for the Northern District

of Iowa. With regard to the Defendants,

the Consent Decree resolves claims filed

by the United States on behalf of the

United States Environmental Protection

Agency (‘‘EPA’’) pursuant to the Clean

Air Act, 42 U.S.C. § 7401 et seq., the

Emergency Planning and Community

Right to Know Act, 42 U.S.C. 11001 et

seq., and the Comprehensive

Environmental Response, Compensation

and Liability Act, as amended, 42

U.S.C. 9601, et seq.

The United States entered into the

Consent Decree in connection with the

Terra Industries Port Neal facility

located in Port Neal, Iowa. The Consent

Decree provides that the Settling

Defendants will pay a civil monetary

penalty of $500,000 plus reimburse the

United States a total of $150,000 for past

costs incurred by the United States at

the Site. The Settling Defendants also

perform Supplemental Environmental

Projects valued at more than $100,000.

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

National Resources Division,

Department of Justice, Washington, D.C.

20530, and should refer to United States

v. Terra International, Inc. and Terra

Industries, Inc., DOJ Reg. #90–5–2–1–

2062A.

The proposed Consent Decree may be

examined at the office of the United

States Attorney, 320 6th Street, Room

327, Sioux City, Iowa 51101; the Region

7 office of the Environmental Protection