18424 Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Notices

1A stay will be issued routinely by the

Commission in those proceedings where an

informed decision on environmental issues

(whether raised by a party or by the Commission’s

Section of Environmental Analysis in its

independent investigation) cannot be made prior to

the effective date of the notice of exemption. See

Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d

377 (1989). Any entity seeking a stay involving

environmental concerns is encouraged to file its

request as soon as possible in order to permit the

Commission to review and act on the request prior

to the effective date of this exemption.

2See Exempt. of Rail Abandonment—Offers of

Finan. Assist., 4 I.C.C.2d 164 (1987).

3The Commission will accept a late-filed trail use

request as long as it retains jurisdiction to do so.

[Docket No. AB–290 (Sub-No. 158X)]

Norfolk Southern Railway Company—

Abandonment Exemption—in Elberton,

GA

Norfolk Southern Railway Company

(NS) has filed a notice of exemption

under 49 CFR 1152 Subpart F—Exempt

Abandonments to abandon 1.9 miles of

its line of railroad, between milepost P–

48.5 and milepost P–50.4, in Elberton,

GA.

NS has certified that: (1) No local

traffic has moved over the line for at

least 2 years; (2) no overhead traffic has

moved over the line for at least 2 years;

(3) no formal complaint filed by a user

of rail service on the line (or by a State

or local government entity acting on

behalf of such user) regarding cessation

of service over the line either is pending

with the Commission or with any U.S.

District Court or has been decided in

favor of the complainant within the 2-

year period; and (4) the requirements at

49 CFR 1105.7 (environmental reports),

49 CFR 1105.8 (historic reports), 49 CFR

1105.11 (transmittal letter), 49 CFR

1105.12 (newspaper publication), and

49 CFR 1152.50(d)(1) (notice to

governmental agencies) have been met.

As a condition to use of this

exemption, any employee affected by

the abandonment shall be protected

under Oregon Short Line R. Co.—

Abandonment—Goshen, 360 I.C.C. 91

(1979). To address whether this

condition adequately protects affected

employees, a petition for partial

revocation under 49 U.S.C. 10505(d)

must be filed.

Provided no formal expression of

intent to file an offer of financial

assistance (OFA) has been received, this

exemption will be effective on May 11,

1995, unless stayed pending

reconsideration. Petitions to stay that do

not involve environmental issues,1

formal expressions of intent to file an

OFA under 49 CFR 1152.27(c)(2),2 and

trail use/rail banking requests under 49

CFR 1152.29 3 must be filed by April 21,

1995. Petitions to reopen or requests for

public use conditions under 49 CFR

1152.28 must be filed by May 1, 1995,

with: Office of the Secretary, Case

Control Branch, Interstate Commerce

Commission, Washington, DC 20423.

A copy of any pleading filed with the

Commission should be sent to

applicant’s representative: James R.

Paschall, Three Commercial Place,

Norfolk, VA 23510.

If the notice of exemption contains

false or misleading information, the

exemption is void ab initio.

NS has filed an environmental report

which addresses the effects of the

abandonment, if any, on the

environment and historic resources. The

Commission’s Section of Environmental

Analysis (SEA) will issue an

environmental assessment (EA) by April

14, 1995. Interested persons may obtain

a copy of the EA by writing to SEA

(Room 3219, Interstate Commerce

Commission, Washington, DC 20423) or

by calling Elaine Kaiser, Chief of SEA,

at (202) 927–6248. Comments on

environmental and historic preservation

matters must be filed within 15 days

after the EA is available to the public.

Environmental, historic preservation,

public use, or trail use/rail banking

conditions will be imposed, where

appropriate, in a subsequent decision.

Decided: April 5, 1995.

By the Commission, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 95–8868 Filed 4–10–95; 8:45 am]

BILLING CODE 7035–01–P

DEPARTMENT OF JUSTICE

Notice of Lodging of Judgment by

Consent Pursuant to the Clean Air Act

In accordance with Departmental

policy, 28 CFR 50.7, notice is hereby

given that on March 24, 1995, a

proposed consent decree in United

States v. Brentwood Industries, Inc.,

Civil Action No. 95–1731, was lodged

on March 24, 1995 with the United

States District Court for the Eastern

District of Pennsylvania.

The proposed consent decree will

resolve the United States’ claims for

violations of Section 113(b) of the Clean

Air Act as amended, 42 U.S.C. § 7413(b),

due to Brentwood’s failure to apply for

new source review permits as required

by the Pennsylvania State

Implementation Plan (‘‘SIP’’). 25 Pa.

Code § 127.11 et seq. This action and

settlement also arise from the failure of

Brentwood to comply with the

Emergency Planning and Community

Right-to-Know Act (‘‘EPCRA’’), 42

U.S.C. § 11045(c)(1) and regulations

promulgated pursuant thereto.

The Department of Justice will receive

comments relating to the proposed

consent decree with Brentwood

Industries, Inc., for a period of thirty

(30) days from the date of this

publication. Comments on the decree

should be addressed to the Assistant

Attorney General, Environment &

Natural Resources Division, U.S.

Department of Justice, Washington, DC

20530, and should refer to United States

v. Brentwood Industries, Inc., Civil

Action No. 95–1731, DOJ reference No.

90–5–2–1–1918.

A copy of the proposed consent

decree may be examined at the Office of

the United States Attorney, Eastern

District of Pennsylvania, 615 Chestnut

St., Philadelphia, Pa.; the Region III

office of the Environmental Protection

Agency, 841 Chestnut Street,

Philadelphia, Pa.; and the Consent

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

Floor, Washington, DC 20005, (202–

624–0892). A copy of the proposed

decree may be obtained in person or by

mail from the Consent Decree Library,

1120 G Street, NW., 4th Floor,

Washington, DC 20005. When

requesting a copy of the proposed

consent decree, please enclose a check

in the amount of $4.50 (twenty-five

cents per page reproduction costs)

payable to the ‘‘Consent Decree

Library.’’

Joel Gross,

Acting Chief, Environmental Enforcement

Section, Environment & Natural Resources

Division.

[FR Doc. 95–8813 Filed 4–10–95; 8:45 am]

BILLING CODE 4410–01–M

Notice of Prospective Purchaser

Agreement Pursuant to the

Comprehensive Environmental

Response, Compensation, and Liability

Act

In accordance with Department of

Justice Policy, 28 C.F.R. § 50.7, notice is

hereby given that the Department of

Justice is receiving comments on a

proposed prospective purchaser

agreement between the United States

and G.L. Bryan Investments, Inc., with

respect to the Chemical Sales Property

in Denver, Colorado. The Chemical

Sales Property is part of the larger

Chemical Sales Superfund Site. Bryan

Investments is a Colorado corporation in

good standing, with its principal place

of business in Denver, Colorado. The

State of Colorado is also a party to the

Agreement.
Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Notices 18425

Under the proposed prospective

purchaser agreement, Bryan Investments

has made the following commitments:

(1) Pay $100,000 in cash upon obtaining

title to the Chemical Sales Property; (2)

perform a removal action with respect to

all chemicals located above ground at

the Chemical Sales Property; and (3)

investigate the status of certain

underground storage tanks at the

Chemical Sales Property and remediate

any contamination emanating from

those tanks. In exchange, the United

States and the State will provide a

covenant not to sue to Bryan under the

Comprehensive Environmental,

Response, Compensation, and Liability

Act for existing contamination at the

Chemical Sales Property. The covenant

not to sue is subject to Bryan’s full

compliance with the proposed

Agreement.

The Department of Justice will receive

written comments relating to the

proposed Agreement for thirty (30) days

from the date of publication of this

notice. 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 United States v. Chemical Sales

Co., et al., D.J. Ref. No. 90–11–2–748B.

The proposed Agreement and exhibits

may be examined at the following

locations: the Region 8 Office of EPA,

999 18th Street, Suite 500, Denver,

Colorado.

A copy of the proposed Agreement (if

requested) may be obtained in person or

by mail from the Consent Decree

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

Washington, D.C. 20005, (202) 624–

0892. In requesting copies, please

enclose a check in the amount of $12.00

(25 cents per page reproduction cost)

payable to the ‘‘Consent Decree

Library.’’

Joel M. Gross,

Acting Chief, Environmental Enforcement

Section, Environment and Natural Resources

Division.

[FR Doc. 95–8809 Filed 4–10–95; 8:45 am]

BILLING CODE 4410–-01–M

Notice of Lodging of Consent Decree

Pursuant to the Comprehensive

Environmental Response,

Compensation, and Liability Act

In accordance with Department of

Justice Policy, 28 CFR 50.7, notice is

hereby given that on March 29, 1995, a

proposed consent decree was lodged

with the United States District Court for

the District of Colorado in United States

v. Chemical Sales Company, et al., CA

No. 94–M–2876. The proposed consent

decree settles claims asserted by the

United States, at the request of the

United States Environmental Protection

Agency (EPA) and the United States

Department of the Army, and by the

State of Idaho for releases and

threatened releases of hazardous

substances at the Chemical Sales

Superfund Site near Denver, Colorado.

The persons and entities named as

defendants are Chemical Sales

Company, Inc.; Bernard Katz,

individually, as a general partner of

M.K. Partners, as personal

representative of the Estate of Eunice

Katz, as an acting trustee of the Bernard

P. Katz Children’s Trust; Daniel Katz,

individually, as a general partner of

M.K. Partners, as personal

representative of the Estate of Moses

Katz, and as an acting trustee of the

Daniel I. Katz Trust; Myrna Kesselman;

M.K. Partners; the Bank of Cherry Creek,

as trustee of the Moses and Eunice Katz

Trusts; and Lois Alterman, as an acting

trustee for the Bernard P. Katz

Children’s Trust.

In the complaint, the United States

asserted claims pursuant to Section

107(a) of the Comprehensive

Environmental Response,

Compensation, and Liability Act

(CERCLA), as amended, 42 U.S.C.

9607(a), the Federal Priorities Act, 31

U.S.C. 3713, and the Federal Debt

Collection Procedure Act, 28 U.S.C.

3301, for recovery of costs that have

been and will be incurred in response

of releases and threatened releases of

hazardous substances at the Chemical

Sales Superfund Site near Denver,

Colorado. The State of Colorado asserted

a claim for recovery of costs pursuant to

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

9607(a) and applicable State law

theories.

Under the proposed Consent Decree,

the Defendants have made the following

commitments: (1) Pay $1.125 million in

cash, representing the proceeds of an

insurance settlement between Chemical

Sales Company and certain of its

insurers; (2) pay up to $1 million from

various Katz family trusts and estates;

(3) and transfer their interests in the

Chemical Sales Property to G.L. Bryan

Investments, Inc., pursuant to a

prospective purchaser agreement

between the United States and Bryan. In

exchange, the United States and the

State will provide a covenant not to sue

to the Defendants (except defendant

Bernard Katz) without the usual

reopeners.

In exchange for the commitments

made by the settling Defendants in the

consent decree, the United States and

the State of Colorado have agreed to

provide the Defendants (except

defendant Bernard Katz) with a

complete covenant not to sue without

normal reopener provisions for the Site.

The Department of Justice will receive

written comments relating to the

proposed Consent Decree for thirty (30)

days from the date of publication of this

notice. 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 United States v. Chemical Sales

Co., et al., D.J. Ref. No. 90–11–2–748A.

The proposed Consent Decree and

exhibits may be examined at the

following locations: the Region 8 Office

of EPA, 999 18th Street, Suite 500,

Denver, Colorado. The complete

Administrative Record for the Chemical

Sales Superfund Site may be reviewed

at the same location.

A copy of the Consent Decree and

exhibits (if requested) may be obtained

in person or by mail from the Consent

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

Floor, Washington, D.C. 20005, (202)

624–0892. In requesting copies, please

enclose a check in the amount of $12.00

(25 cents per page reproduction cost)

payable to the ‘‘Consent Decree

Library.’’

Joel M. Gross,

Acting Chief, Environmental Enforcement

Section, Environment and Natural Resources

Division.

[FR Doc. 95–8810 Filed 4–10–95; 8:45 am]

BILLING CODE 4410–01–M

Notice of Lodging of Partial Consent

Decree Pursuant to the

Comprehensive Environmental

Response, Compensation and Liability

Act

Notice is hereby given that a proposed

Partial Consent Decree in United States

v. Kenneth L. Thomas et al., Civil

Action No. 93–4098–JLF (S.D. Ill.)

entered into by the United States and

defendant Kenneth L. Thomas, was

lodged on March 28, 1995, with the

United States District Court for the

Southern District of Illinois. The

proposed Partial Consent Decree

resolves certain claims of the United

States under Section 107 of the

Comprehensive Environmental

Response, Compensation and Liability

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

respect to the M.T. Richards, Inc. Site

(‘‘Site’’) in Crossville, Illinois. Under

terms of the Partial Consent Decree,

Kenneth L. Thomas will pay the United

States $25,000, plus interest, as

specified in the Partial Consent Decree

in return for the government’s