60854 Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Notices 

Louisiana; Baytown, Texas; Beaumont, 

Texas; Billings, Montana; Joliet, Illinois, 

and Torrance, California. The complaint 

also asserted claims for violation of 

certain other environmental laws at 

some of the refineries, including: (1) 

Claims under Section 3008 of the 

Resource Conservation and Recovery 

Act, 42 U.S.C. 6928, and Section 309 of 

the Clean Water Act, 33 U.S.C. 1319, at 

the Billings and Joliet Refineries; and (2) 

claims for violation of release reporting 

requirements under Section 103 of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act, 42 U.S.C. § 9603, and Section 304 

of the Emergency Planning and 

Community Right-to-Know Act, 42 

U.S.C. 11004. 

Under the settlement, ExxonMobil 

will implement innovative pollution 

control technologies to reduce 

emissions of nitrogen oxides, sulfur 

dioxide, and particulate matter from 

refinery process units. ExxonMobil also 

will adopt facility-wide enhanced 

benzene waste monitoring and fugitive 

emission control programs. In addition, 

ExxonMobil will pay a $7.7 million civil 

penalty for settlement of the claims in 

the complaint. Finally, ExxonMobil will 

undertake $6.7 million in federal and 

state environmentally-beneficial 

projects, including: (1) Retrofitting or 

replacing municipal bus fleets in 

communities near the Baytown, 

Beaumont, Billings, Joliet, and Torrance 

Refineries to reduce air emissions from 

those vehicles, at a cost of at least 

$1,300,000; (2) donating land containing 

unique prairie habitat and performing 

habitat restoration benefitting the 

Midewin Tallgrass Prairie near the Joliet 

Refinery, at a cost of at least $1,050,000; 

(3) providing emergency response 

equipment to the Will County 

Emergency Management Agency, which 

serves the area near the Joliet Refinery, 

at a cost of at least $100,000; (4) 

performing three different emission 

reduction projects at the Baytown, 

Billings, and Joliet Refineries, at a total 

cost of at least $2,550,000; and (5) 

providing $1,700,000 for acquisition 

and protection of coastal lands in the 

State of Louisiana. 

The Department of Justice will receive 

comments relating to the Consent 

Decree for a period of thirty (30) days 

from the date of this publication. 

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. Exxon Mobil Corporation 

and ExxonMobil Oil Corporation, D.J. 

Ref. No. 90–5–2–1–07030. 

The Consent Decree may be examined 

at the Office of the U.S. Environmental 

Protection Agency, Region 5, 77 W. 

Jackson Boulevard, Chicago, Illinois, 

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 number (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 $69.25 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury. 

Robert D. Brook, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 05–20935 Filed 10–18–05; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Water Act 

Pursuant to 28 CFR 50.7, notice is 

hereby given that on October 7, 2005, a 

proposed consent decree in United 

States v. Sanitation District No. 1 of 

Northern Kentucky, Civil No. 05–199–

WOB, was lodged with the United 

States District Court for the Eastern 

District of Kentucky. 

This Consent Decree will address 

claims asserted by the United States in 

a complaint filed contemporaneously 

with the Consent Decree against 

Sanitation District No. 1 of Northern 

Kentucky(‘‘the District’’) for civil 

penalties and injunctive relief under 

section 309 of the Clean Water Act (‘‘the 

Act’’), 33 U.S.C. 1319, for discharges of 

pollutants in violation of section 301 of 

the Act, 33 U.S.C. 1311, including 

violation of conditions established in 

the National Pollutant Discharge 

Elimination System (‘‘NPDES’’) permits 

issued to the District by the Kentucky 

Department of Environmental Protection 

(‘‘KDEP’’), pursuant to authority 

delegated to it by EPA under section 

402(b) of the Act, 33 U.S.C. 1342(b), and 

for discharges of pollutants without an 

NPDES permit. 

The remedial measures prescribed 

under the proposed Consent Decree are 

divided into two primary parts: Initial 

watershed program projects and 

submittals, and development and 

implementation of long-term watershed 

plans for each of the four watersheds in 

The District’s service area. The initial 

watershed program projects and 

submittals, which are to occur within 

one year of entry of the Consent Decree, 

include documentation demonstrating 

the status of the District’s compliance 

with the Nine Minimum Controls 

required under EPA’s Combined Sewer 

System policy; a self-assessment of the 

District’s Capacity, Management, 

Operation and Maintenance (CMOM) 

Programs, including the submittal of 

three specific programs: Gravity line 

prevention maintenance, grease control, 

and a Sewer Overflow Response Plan; 

an initial watershed program projects 

list; and a pump station plan to address 

high volume and chronic unpermitted 

discharges at pump stations. This longterm watershed plan development 

portion of the Consent Decree requires 

submission of a framework for 

developing watershed plans within six 

months of entry of the Consent Decree; 

submission by December 2008 of a 

watershed plan for each of the four 

watersheds, including a Long Term 

Control Plan and a Sanitary Sewer 

Overflow Plan; and submission every 

five years thereafter of updated 

watershed plans, through December 

2025, at which time the Consent Decree 

requires full compliance with Combined 

Sewer Overflow water quality standards 

criteria and the elimination of all 

unpermitted discharges. The District 

will pay a civil penalty of $476,000, 

with $338,200 going to Kentucky and 

$138,000 going to the United States. The 

District is also required to perform 

supplemental environmental projects 

valued at not less than $636,000. 

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, PC 

20044–7611, and should refer to United 

States v. Sanitation District No. 1 of 

Northern Kentucky, D.J. Ref. #90–5–1–

1–08591. 

The consent decree may be examined 

at the Office of the United States 

Attorney for the Eastern District of 

Kentucky, 110 West Vine Street, 

Lexington, KY 40507, and at U.S. EPA 

Region 4, Office of Regional Counsel, 61 

Forsyth Street, Atlanta, GA 30303. 

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 

Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Notices 60855 

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 emailing 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 

$18.75 (25 cents per page reproduction 

cost) payable to the U.S. Treasury. 

Ellen M. Mahan, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 05–20933 Filed 10–18–05; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF LABOR 

Employment Standards Administration 

Proposed Collection; Comment 

Request 

ACTION: Notice. 

SUMMARY: The Department of Labor, as 

part of its continuing effort to reduce 

paperwork and respondent burden, 

conducts a preclearance consultation 

program to provide the general public 

and Federal agencies with an 

opportunity to comment on proposed 

and/or continuing collections of 

information in accordance with the 

Paperwork Reduction Act of 1995 

(PRA95) [44 U.S.C. 3506(c)(2)(A)]. This 

program helps to ensure that requested 

data can be provided in the desired 

format, reporting burden (time and 

financial resources) is minimized, 

collection instruments are clearly 

understood, and the impact of collection 

requirements on respondents can be 

properly assessed. Currently, the 

Employment Standards Administration 

is soliciting comments concerning the 

proposed collection: Office of Federal 

Contract Compliance Programs 

(OFCCP), Equal Opportunity Survey. A 

copy of the proposed information 

collection request can be obtained by 

contacting the office listed below in the 

addresses section of this Notice. 

DATES: Written comments must be 

submitted to the office listed in the 

addresses section below on or before 

December 19, 2005. 

ADDRESSES: Ms. Hazel M. Bell, U.S. 

Department of Labor, 200 Constitution 

Ave., NW., Room S–3201, Washington, 

DC 20210, telephone (202) 693–0418, 

fax (202) 693–1451, E-mail 

bell.hazel@dol.gov. Please use only one 

method of transmission for comments 

(mail, fax, or E-mail). 

SUPPLEMENTARY INFORMATION: 

I. Background 

Government contractors provide 

information on their personnel activities 

and the results of their affirmative 

action efforts to employ and promote 

minorities and women. This 

information is used to select specifically 

identified contractors for compliance 

evaluations and compliance assistance. 

These requirements have been 

established under Executive Order 

11246, as amended; Section 503 of the 

Rehabilitation Act of 1973, as amended; 

and the Vietnam Era Veterans’

Readjustment Assistance Act, as 

amended, 38 U.S.C. 4212. Implementing 

regulations are at 41 CFR Chapter 60. 

The regulations at 41 CFR part 60–2.18 

authorize the collection of data by 

OFCCP through the use of the EO 

Survey. In addition, the regulations at 

41 CFR part 60–1.12 require contractors 

to collect and retain employment and 

other related records. The EO Survey is 

a request for some of those data. With 

these data, the Survey is intended to 

improve the selection of contractors for 

compliance evaluations which are used 

to determine compliance with the nondiscrimination and equal employment 

opportunity (EEO) regulations. This 

information collection is currently 

approved for use through December 31, 

2005. 

II. Review Focus 

The Department of Labor is 

particularly interested in comments 

which: 

* Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

* Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

* Enhance the quality, utility and 

clarity of the information to be 

collected; and 

* Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submissions 

of responses. 

III. Current Actions 

The Department of Labor seeks a three 

year extension of approval to collect this 

information in order to permit OFCCP 

the time to continue its assessment and 

evaluation of the EO Survey. During this 

period, OFCCP will conduct a cost 

benefit analysis to examine the 

effectiveness of the EO Survey; as a 

useful tool in the selection of 

contractors that are not in compliance 

with their Equal Employment 

Opportunity and non-discrimination 

obligations. The OFCCP seeks a three 

year extension to the approval of the 

Equal Opportunity Survey. There is no 

change in the substance or method of 

collection since the last OMB approval. 

Type of Review: Extension. 

Agency: Employment Standards 

Administration. 

Titles: Equal Opportunity Survey. 

OMB Number: 1215–0196. 

Affected Public: Business or other forprofit; Not-for-profit institutions. 

Total Respondents: 10,000. 

Total Annual Responses: 10,000. 

Estimated Total Burden Hours: 

210,000. 

Estimated Time per Response: 21 

hours. 

Frequency: Annually. 

Total Burden Cost (capital/startup): 

$0. 

Total Burden Cost (operating/ 

maintenance): $30,000. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for Office of 

Management and Budget approval of the 

information collection request; they will 

also become a matter of public record. 

Dated: October 14, 2005. 

Bruce Bohanon, 

Chief, Branch of Management Review and 

Internal Control, Division of Financial 

Management, Office of Management, 

Administration and Planning, Employment 

Standards Administration. 

[FR Doc. 05–20925 Filed 10–18–05; 8:45 am] 

BILLING CODE 4510–CM–P 

DEPARTMENT OF LABOR 

Employment Standards Administration 

Proposed Collection; Comment 

Request 

ACTION: Notice. 

SUMMARY: The Department of Labor, as 

part of its continuing effort to reduce 

paperwork and respondent burden, 

conducts a preclearance consultation 

program to provide the general public 

and Federal agencies with an 

opportunity to comment on proposed