Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Notices 66463 

from the Brio Refining, Inc. (‘‘Brio’’) 

Superfund Site and the Dixie Oil 

Processors (‘‘Dixie’’ or ‘‘DOP’’) 

Superfund Site pursuant to the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act (‘‘CERCLA’’). The Brio and DOP 

Superfund Sites are located near the 

Town of Friendswood in Harris County, 

Texas. 

Under the Consent Decree, BP 

AMOCO Chemical Co., Atlantic 

Richfield Co., Allied Waste industries, 

Chevron Chemical Co., Total 

Petrochemicals USA, Inc., GE 

Petrochemicals, Inc., CNA Holdings, 

Inc., Huntsman Corp., Pharmacia Corp., 

Union Carbide Corp., The Dow 

Chemical Co., Merichem Co., Rohm and 

Haas Co., and Lyondell Chemical Co. 

(‘‘Defendants’’) will undertake (1) the 

preservation of at least 100 acres of 

bottomland hardwood forest habitat, 

including at least 30 acres in the 100- 

year flood plain along Mud Gully and 

Clear creek, (2) the re-colonization of 19 

acres of former pasture with native 

vegetation, and (3) the creation of six 

acres of riparian wetland in the vicinity 

of the Superfund Sites. The companies 

also will pay the State and federal 

trustees approximately $347,000 in past 

assessment costs and estimated future 

restoration costs. 

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. BP AMOCO Chemical 

Company. et al., D.J. Ref. No. 90–11–2–

325/1. 

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, P.O. 

Box 7611, U.S. Department of Justice, 

Washing, DC 20044–7611 or by faxing 

or e-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj.gov), 

fax no. (202) 514–0097, phone 

confirmation number (202) 514–1547. In 

requesting a complete copy of the 

consent Decree from the Consent Decree 

Library, please enclose a check in the 

amount of $37.25 (25 cents per page 

reproduction cost) payable to the U.S. 

Treasury. In requesting a copy of the 

Consent Decree, exclusive of exhibits 

and defendants’ signatures, please 

enclose a check in the amount of $12.25 

(25 cents per page reproduction cost) 

payable to the U.S. Treasury. 

Thomas A. Mariani, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 05–21881 Filed 11–1–05; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act of 

1980 

Notice is hereby given that on October 

18, 2005, a proposed Consent Decree in 

United States v. Chemical Waste 

Management, Inc., an action under 

section 107 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act of 1980 

(‘‘CERCLA’’), amended, 42 U.S.C. 9607, 

was lodged with the United States 

District Court for the District of 

Colorado, Case No. 05–CV–02053 ZLW–

MJW (D. Colo.). 

In this action, the United States 

sought the recovery of past response 

costs incurred by the United States in 

connection with removal actions 

implemented in 1999 by the 

Environmental Protection Agency at the 

Weld County Waste Disposal Site 

(‘‘Site’’), Weld County, Colorado. In its 

complaint, the United States alleged 

that Chemical Waste Management, Inc., 

by virtue of its status as a successor to 

the liabilities of Waste Transport, Inc., 

is liable under section 107(a)(4) of 

CERCLA, 42 U.S.C. 9607(a)(4), as a 

person ‘‘who * * * accepted any 

hazardous substances for transport to 

disposal * * * facilities * * * selected 

by such person, from which there is a 

release, or a threatened release which 

causes the incurrence of response 

costs.’’

The settlement between the United 

States and Chemical Waste 

Management, Inc. provides for the 

recovery of $1,025,442 in past costs 

incurred by EPA in connection with 

removal actions implemented in 1999 at 

the Site and reserves any claims that the 

United States may have against 

Chemical Waste Management, Inc., for, 

among other things, future response 

costs and natural resource damages. 

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, U.S. Department of Justice, PO 

Box 7611, Washington, DC 20044–7611, 

and should refer to United States v. 

Chemical Waste Management, Inc., DJ# 

90–7–1–831/2. 

The Consent Decree may be examined 

at U.S. EPA Region 8, 999 18th Street, 

Suite 500, Denver, Colorado, 80202. 

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, PO 

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 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 $3.00 for the Decree 

payable to the United States Treasury. 

Robert D. Brook, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 05–21884 Filed 11–1–05; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Water Act and Oil 

Pollution Act 

Notice is hereby given that on October 

13, 2005, a proposed Consent Decree 

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

Utilities Co., Civil Action No. 5:05–cv–

418, was lodged with the United States 

District Court for the Eastern District of 

Kentucky. 

In this action, the United States 

sought the assessment of penalties 

under the Clean Water Act, as amended 

by the Oil Pollution Act of 1990, due to 

the discharge in 1999 of approximately 

38,000 gallons of diesel fuel oil from an 

underground pipeline owned and 

operated by Defendants and located at 

the E.W. Brown Generating Station in 

Burgin, Kentucky (‘‘Brown Station’’). 

The United States also sought the 

assessment of penalties for the 2001 

discharge of an unknown quantity of oil 

from a cooling tower at the Brown 

Station, and for Defendant’s failure to 

timely submit a Brown Station Facilities 

Response Plan (‘‘FRP’’). The Decree 

provides for Defendants to pay a civil 

penalty in the amount of $228,569, and 

to install two additional oil-water 

separators at the Brown Station. This 

Supplemental Environmental Project 

will cost at least $750,000 to install, and 

66464 Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Notices 

an additional $400,000 to maintain over 

the next ten (10) years. 

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, Environmental and Natural 

Resources Division, PO Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. Kentucky Utilities Co., DJ #90–

5–1–1–07915. 

The Decree may be examined at the 

Office of the United States Attorney, 110 

West Vine Street, Room 400, Lexington, 

Kentucky 40507, and at U.S. EPA 

Region 4, Atlanta Federal Center, 61 

Forsyth Street, SW., Atlanta, Georgia 

30303–3104. During the public 

comment period, the Decree may also be 

examined on the following Department 

of Justice Web site, http:// 

www.usdoj.gov/enrd/open.html. A copy 

of the Decree may also be obtained by 

mail from the Consent Decree Library, 

PO 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 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 $39.75 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury. In requesting a copy 

exclusive of exhibits, please enclose a 

check in the amount of $10.50 (25 cents 

per page reproduction cost) payable to 

the U.S. Treasury. 

Ellen M. Mahan, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 05–21882 Filed 11–1–05; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decrees 

Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act and 

the Solid Waste Disposal Act 

Notice is hereby given that the 

following proposed consent decrees 

relating to the Baldwin Park Operable 

Unit of the San Gabriel Valley 

Superfund Sites, Areas 1–4, located in 

and near the cities of Azusa, Irwindale, 

Baldwin Park, and Covina in Los 

Angeles County, California (‘‘BPOU’’), 

were lodged on October 26, 2005, with 

the United States District Court for the 

Central District of California: (1) United 

States and California Department of 

Toxic Substances Control (‘‘DTSC’’) v. 

Lockheed Martin Corporation, et al., 

Case No. CV05–7519 GPS (AJWx) (C.D. 

Cal.), (2) United States and DTSC v. 

Leach International Corporation, Case 

No. CV05–7515 CAS (Ex) (C.D. Cal.), (3) 

United States and DTSC v. Allegiance 

Healthcare Corporation, et al., Case No. 

CV05–7520 DSF (JWJX) (C.D. Cal.), (4) 

United States v. Phaostron Instrument 

and Electronic Company, Case No. 

CV05–7522 JFW (SSx) (C.D. Cal.), (5) 

United States v. Azusa Land 

Reclamation Co., Inc., et al., Case No. 

CV05–7518 MMM (JTLx) (C.D. Cal.), (6) 

United States v. Aerojet-General 

Corporation, et al., Case No. CV05–7516 

PA (JWJx) (C.D. Cal.), and (7) United 

States and DTSC v. White & White 

Properties, et al., Case No. CV05–7521 

GHK (PLAx) (C.D. Cal.). 

The first four consent decrees listed 

above represent a settlement of claims 

brought against Lockheed Martin 

Corporation, Mobil Oil Corporation, The 

Valspar Corporation, Leach 

International Corporation, Allegiance 

Healthcare Corporation, Philip Morris 

USA Inc., and Phaostron Instrument and 

Electronic Company pursuant to the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (‘‘CERCLA’’), 42 U.S.C. 9601–9675, 

and section 7003 of the Solid Waste 

Disposal Act, as amended by the 

Resource Conservation and Recovery 

Act of 1976 and the Hazardous and 

Solid Waste Amendments of 1984 

(collectively ‘‘RCRA’’), 42 U.S.C. 6973. 

In the complaints filed on October 19, 

2005, the United States and DTSC 

sought injunctive relief for performance 

of response actions under CERCLA 

section 106, 42 U.S.C. 9606, and RCRA 

section 7003, 42 U.S.C. 6973, and 

reimbursement for response costs under 

CERCLA section 107, 42 U.S.C. 9607, 

incurred by the United States 

Environmental Protection Agency 

(‘‘EPA’’), the United States Department 

of Justice (‘‘DOJ’’), and DTSC, in 

response to releases of hazardous 

substances at the BPOU. The last three 

consent decrees listed above represent a 

settlement of claims brought pursuant to 

CERCLA against Aerojet-General 

Corporation, GenCorp, Inc., Azusa Land 

Reclamation Co., Inc., Fairchild Holding 

Corp., Hartwell Corporation, Oil & 

Solvent Process Company, Reichhold, 

Inc., Winco Enterprises Inc., and entities 

related to White & White Properties. In 

the complaints filed on October 19, 

2005, the United States and DTSC 

sought reimbursement for response 

costs under CERCLA section 107, 42 

U.S.C. 9607, incurred by EPA, DOJ, and 

DTSC, in response to releases of 

hazardous substances at the BPOU. 

The proposed consent decrees require 

the Settling Defendants to pay 

$14,328,388 to the United States for 

response costs incurred by EPA and DOJ 

and 88 percent of the United States’

future oversight costs, and to pay 

$292,105 to DTSC for response costs 

incurred by DTSC. The first four 

proposed consent decrees include a 

covenant-not-to-sue under sections 106 

and 107 of CERCLA, 42 U.S.C. 9606, 

9607, and under section 7003 of RCRA, 

42 U.S.C. 6973. The last three proposed 

consent decrees include a covenant-notto-sue under CERCLA section 107, 42 

U.S.C. 9607. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the consent decrees. 

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, with a copy to Robert 

Mullaney, U.S. Department of Justice, 

301 Howard Street, Suite 1050, San 

Francisco, CA 94105, and should refer 

to the BPOU Consent Decrees, D.J. Ref. 

#90–11–2–354. For the settlements 

involving RCRA, commenters may 

request an opportunity for a public 

meeting in the affected area, in 

accordance with section 7003(d) of 

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

The consent decrees may be examined 

at U.S. EPA Region 9, Office of Regional 

Counsel, 75 Hawthorne Street, San 

Francisco, California. During the public 

comment period, the consent decrees 

may also be examined on the following 

Department of Justice Web site: http:// 

www.usdoj.gov/enrd/open.html. A copy 

of the consent decrees 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 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 

$662.25 (25 cents per page reproduction 

cost) payable to the U.S. Treasury. (A 

copy of the decrees, exclusive of