61842 Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Notices 

exclusion order or cease and desist 

order or both directed against the 

respondent. 

By order of the Commission. 

Issued: October 20, 2005. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 05–21317 Filed 10–25–05; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Air Act 

Under 28 CFR 50.7, notice is hereby 

given that on October 12, 2005, a 

proposed consent decree in United 

States v. ARCO Terminal Services Corp., 

Case No. 05–07358, was lodged with the 

United States District Court for the 

Central District of California. 

In this action, the United States 

sought injunctive relief and civil 

penalties under Section 113 of the Clean 

Air Act (‘‘CAA’’), against ARCO 

Terminal Services Corp. (‘‘ATSC’’) for 

failure to use the required control 

equipment to control emissions that 

resulted in 294 separate loading events 

that were subject to the control 

requirements of Rule 1142 at its marine 

loading facility in Long Beach, 

California. The Consent Decree requires 

ATSC to employ its existing control 

technology on all loading events subject 

to the requirements of Rule 1142 and to 

pay a civil penalty of $225,000. 

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 v. ARCO Terminal Services Corp., 

D.J. Ref. #90–5–2–1–06988. 

The proposed Consent Decree may be 

examined during the public comment 

period on the following United States 

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, U.S. Department of 

Justice, P.O. Box 7611, Ben Franklin 

Station, 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. 

When requesting a copy from the 

Consent Decree Library, please enclose 

a check, payable to the U.S. Treasury, in 

the amount of $12.25 ($.25 per page 

reproduction cost. 

Ellen M. Mahan, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 05–21363 Filed 10–25–05; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Partial Consent 

Decree Under the Clean Water Act 

Notice is hereby given that on October 

6, 2005, a proposed Consent Decree in 

United States and Department of 

Health, State of Hawaii v. Hawaii 

Department of Transportation, Civil 

Action No. 05–00636 was lodged with 

the United States District Court for the 

District of Hawaii. 

The United States and the Department 

of Health, State of Hawaii (‘‘DOH’’), 

brings this action against the State of 

Hawaii Department of Transportation 

(‘‘HDOT’’), pursuant to Sections 309(b) 

and (d), of the Clean Water Act (‘‘CWA’’

or ‘‘the Act’’), 33 U.S.C. 1319(b) and (d) 

and Sections 342D–50(a) of the Hawaii 

Revised Statutes (2004). The Consent 

Decree provides for extensive injunctive 

relief, civil penalties, and two 

supplemental environmental projects 

(‘‘SEP’’s). Pursuant to the terms of the 

first project, HDOT will create an 

Environmental Management System 

(‘‘EMS’’) for the operations at HDOT’s 

airports, harbors, and highways that 

incorporate Best Management Practices 

and Pollution Prevention at each of its 

facilities. 

Under the terms of the second project, 

HDOT will develop and conduct 

‘‘Compliance Assistance Workshops’’

for construction contractors and will 

sponsor them at six locations on four of 

the islands, Hawaii, Kauai, Maui and 

Oahu. 

Pursuant to 28 C.F.R. 50.7, the United 

States 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 U.S. Department of Justice, 

Assistance Attorney General, 

Environmental and Natural Resources 

Division, P.O. Box 7611, Ben Franklin 

Station, Washington, DC 20044–7611, 

and should refer to United States and 

Department of Health, State of Hawaii 

v. Hawaii Department of 

Transportation, Civil Action No. 05–

00636, D.J. Ref. No. 90–5–1–1–07488. 

The Consent Decree may be examined 

during the public comment period 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, U.S. 

Department of Justice, P.O. Box 7611, 

Ben Franklin Station, 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. When 

requesting a copy from the Consent 

Decree Library, please enclose a check 

in the amount of $25.25 (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. 

[FR Doc. 05–21362 Filed 10–25–05; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Between the United States of America 

and Fremont Lumber Company, KerrMcGee Company and Western Nuclear, 

Inc., Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

Under 28 CFR 50.7, notice is hereby 

given that on October 14, 2005, a 

proposed Consent Decree (‘‘Consent 

Decree’’), in the case of United States v. 

Kerr-McGee Corp., et al., Civil Action 

No. 04–CV–00032 (D. OR.), has been 

lodged with the United States District 

Court for the District of Oregon. 

The Complaint sought performance of 

work and the recovery of costs incurred 

in connection with the response action 

taken at the White King/Lucky Lass 

Superfund Site (‘‘Site’’) in Lakeview 

County, Oregon. Under the terms of this 

Consent Decree Defendants agree to: (1) 

Implement the remaining remedial 

action at the Site; (2) pay approximately 

$3 million in past costs incurred by EPA 

and the United States Department of 

Agriculture, Forest Service; (3) pay a 

civil penalty of $ 50,000; (4) perform a 

Supplemental Environmental Project for 

their failure to timely comply with an 

existing Unilateral Administrative Order 

(‘‘UAO’’); (5) grant a covenant not to sue 

for all claims against the United States; 

and (6) dismiss a citizen suite under 

CERCLA Section 310. In addition, as 

part of this settlement the United States 

agress to pay Defendants $2,000,000 to 

resolve the contribution claims that 

have been asserted against U.S. Forest 

Service and other federal agencies. In 

exchange, the United States will provide