Federal Register / Vol. 60, No. 48 / Monday, March 13, 1995 / Notices 13451

Deterioration (PSD) requirements of 42

U.S.C 7470, et. seq., and the regulations

promulgated thereunder. Pursuant to

the Consent Decree, defendant has

agreed to pay a civil penalty of $90,000,

to cease the plant process which was the

source of the violation, and not to

recommence that process except in

compliance with the Clean Air Act.

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

Natural Resources Division, Department

of Justice, Washington, DC 20530, and

should refer to United States v. MundetHermetitite, Inc., DOJ Ref. #90–5–2–1–

1949.

The proposed consent decree may be

examined at the office of the United

States Attorney, 105 Franklin Rd. SW,

Suite 1, Roanoke, VA 24011; and at the

Consent Decree Library, 1120 G Street,

NW., 4th Floor, Washington, DC 20005,

(202) 624–0892. A copy of the proposed

consent decree may be obtained in

person or by mail from the Consent

Decree Library, 1120 G Street, NW., 4th

Floor, Washington, DC 20005. In

requesting a copy please refer to the

referenced case and enclose a check in

the amount of $3.75 (25 cents per page

reproduction costs), payable to the

Consent Decree Library.

Joel M. Gross,

Acting Chief, Environmental Enforcement

Section, Environment and Natural Resources

Division.

[FR Doc. 95–6048 Filed 3–10–95; 8:45 am]

BILLING CODE 4410–01–M

Notice of Lodging of Partial Consent

Decree for Claims Under Section

107(a) of the Comprehensive

Environmental Response,

Compensation, and Liability Act

In accordance with Department policy

notice is hereby given that on February

10, 1995, a proposed Partial Consent

Decree in United States v. SmugglerDurant Mining Corporation, et al., Civil

Action No. 89–C–1802, was lodged with

the United States District Court for the

District of Colorado. The Complaint in

this case was brought under Section

107(a) of the Comprehensive

Environmental Response, Compensation

and Liability Act of 1980, as amended

(‘‘CERCLA’’), 42 U.S.C. § 9601 et seq.,

against several parties who are owners

or operators of facilities at which

hazardous substances are being released

into the environment, or who owned or

operated facilities at a time when

hazardous substances were disposed of

there. The United States’ Complaint

sought recovery of costs incurred and to

be incurred by the United States in

connection with the clean up of

hazardous substances at the Smuggler

Mountain Superfund Site (‘‘Site’’) in

and adjacent to the City of Aspen,

Colorado.

The proposed partial Consent Decree

involves the MAXXAM, Inc. and Top of

Aspen, Inc. (‘‘MAXXAM’’). This decree

settles claims brought by the United

States against MAXXAM under Section

107(a) of CERCLA, 42 U.S.C. § 9607(a),

and provides the MAXXAM a covenant

not to sue for past and future response

costs or response actions under 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 as well as a

limited covenant for natural resource

damages on Operable Unit 1 of the Site.

In return, MAXXAM will reimburse the

United States $1,700,000,00 for

response costs incurred in connection

with the Site. Finally, the decree

resolves potential counterclaims by

MAXXAM against the United States for

any activities conducted on-site by any

instrumentality of the United States.

The Department of Justice will receive

for a period of thirty (30) days from the

date of entry of this publication

comments relating to the proposed

Partial Consent Decree. Comments

should be addressed to the Assistant

Attorney General of the Environment

and Natural Resources Division,

Department of Justice, P.O. Box 7611,

Ben Franklin Station, Washington, D.C.

20044, and should refer to United States

v. Smuggler-Durant Mining Corporation,

et al., DOJ Ref. No. 90–11–2–174.

The proposed Consent Decree may be

examined at the Region VIII Office of

the Environmental Protection Agency,

999 18th Street, Suite 500, Denver,

Colorado 80202; and at the Consent

Decree Library, 1120 G Street, N.W., 4th

Floor, Washington, DC 20005, 202–624–

0892. Copies of the proposed Consent

Decrees may be obtained in person or by

mail from the Consent Decree Library,

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

Washington, D.C. 20005. In requesting a

copy, please refer to the referenced case

and enclose a check in the amount of

$8.25 (25 cents per page reproduction

costs), payable to the Consent Decree

Library.

Joel M. Gross,

Acting Chief, Environmental Enforcement

Section, Environment and Natural Resources

Division.

[FR Doc. 95–6049 Filed 3–10–95; 8:45 am]

BILLING CODE 4410–01–M

Antitrust Division

Proposed Termination of Final

Judgment; Bardahl Manufacturing

Corporation, et al.

Notice is hereby given that defendant

Bardahl Manufacturing Corporation

(‘‘Bardahl’’) has filed with the United

States District Court for the Western

District of Washington a motion to

terminate the Final Judgment in United

States v. Bardahl Manufacturing

Corporation, et al., Civil No. 83–71; and

that the Department of Justice

(‘‘Department’’), in a stipulation also

filed with the Court, has consented to

termination of the Final Judgment but

has reserved the right for at least

seventy (70) days after the publication

of the notice to withdraw its consent.

The complaint in this case (filed June

30, 1969) alleged that Bardahl and other

companies affiliated with Bardahl had

conspired to fix uniform prices and

allocate exclusive geographical sales

territories for the sale of motor oils,

greases and lubricants manufactured by

Bardahl and sold by Bardahl

distributors in the United States.

The Final Judgment (entered August

11, 1969) enjoined the defendants from

selling any finished Bardahl products to

any person upon any conditions which

restrict the persons to whom, the prices

at which, or the territory within which

such products may be sold.

The Department has filed with the

court a memorandum setting forth the

reasons why the Government believes

that termination of the Final Judgment

would serve the public interest. Copies

of the Complaint and Final Judgment,

Bardahl’s motion papers, the stipulation

containing the Governemnt’s consent,

the Government’s memorandum, and all

further papers filed with the court in

connection with this motion will be

available for inspection at Room 10–

437, Antitrust Division, Department of

Justice, 10th Street and Pennsylvania

Avenue, N.W., Washington, D.C. 20001,

and at the Office of the Clerk of the

United States District Court for the

Western District of Washington, 1010

Fifth Avenue, Room 215, Seattle,

Washington 98104. Copies of any of

these materials may be obtained from

the Antitrust Division upon request and

payment of the copying fee set by

Department of Justice regulations.

Interested persons may submit

comments regarding the proposed

termination of the decree to the

Government. Such comments must be

received by the Division within sixty

(60) days and will be filed with the

court by the Government. Comments

should be addressed to Christoper S.