Federal Register / Vol. 74, No. 16 / Tuesday, January 27, 2009 / Notices 4761 

Commission rule 210.21, to terminate 

the consolidated enforcement and 

advisory opinion proceeding in light of 

a settlement agreement and a crosslicense agreement between Unilin and 

Uniboard. The Commission 

investigative attorney filed a response in 

support of the motion. 

The ALJ issued the subject ID on 

December 29, 2008, granting the joint 

motion to terminate the proceeding. No 

petitions for review were filed and the 

Commission has determined not to 

review the subject ID. The consolidated 

enforcement and advisory opinion 

proceeding is terminated. 

This action is taken under the 

authority of section 337 of the Tariff Act 

of 1930, as amended, 19 U.S.C. 1337, 

and Commission rules 210.21, 210.42, 

19 CFR 210.21, 210.42. 

By order of the Commission. 

Issued: January 21, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–1702 Filed 1–26–09; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Water Act 

Notice is hereby given that on January 

7, 2009, a proposed Consent Decree in 

United States v. Citation Oil & Gas 

Corp. and Citation 1994 Investment 

Limited Partnership, Civil Action No. 

09–CV–0003–B was lodged with the 

United States District Court for the 

District of Wyoming. 

In this action the United States seeks 

civil penalties and injunctive relief for 

violations of Sections 301(a) or, 

alternatively 311(b)(3), and Section 

311(j) of the Clean Water Act (‘‘CWA’’), 

33 U.S.C. 1311(a), or alternatively 

1321(b)(3), and 1321(j), arising from the 

alleged unlawful discharge of 

approximately 597 barrels of crude oil 

and produced water into the North Fork 

Powder River and onto the banks 

adjacent to that river from Defendants’ 

Celler Ranch Unit in Johnson County, 

Wyoming. Further, the United States 

also seeks civil penalties and injunctive 

relief from Defendants’ alleged failure to 

prepare and fully implement an 

adequate Spill Prevention Control and 

Countermeasures Plan as required by 40 

CFR Part 112. 

The settlement secures $280,000 in 

civil penalties and an estimated 

$580,000 in injunctive relief from 

Citation. Among other things, the 

injunctive relief requires Citation to: 

Update its facility inventory and facility 

diagram; develop and implement an 

enhanced facility inspection, 

maintenance, and replacement plan; 

integrity test all buried flowlines that 

are not visually accessible for 

inspection; and bring the facility’s Spill 

Prevention Control and 

Countermeasures Plan into compliance 

with the applicable regulatory 

requirements. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the settlement. Comments 

should be addressed to the Assistant 

Attorney General, Environment and 

Natural Resources Division, and either 

e-mailed to pubcommentees.enrd@usdoj.gov or mailed to P.O. 

Box 7611, U.S. Department of Justice, 

Washington, DC 20044–7611, and 

should refer to United States v. Citation 

Oil & Gas Corp. and Citation 1994 

Investment Limited Partnership, Civil 

Action No. 09–CV–0003–B, D.J. Ref. 90– 

5–1–1–08867. 

The Consent Decree may be examined 

at the United States Attorneys Office for 

the District of Wyoming, 2120 Capitol 

Avenue—4th Floor, Cheyenne, 

Wyoming 82001 (USAO No. 06V100) 

and at U.S. EPA Region 8, 1595 

Wynkoop Street, Denver, CO 80202– 

1129. During the public comment 

period, the Consent Decree, may also be 

examined on the following Department 

of Justice Web site, follows http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.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 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 $11.00 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury or, if by e-mail or fax, 

forward a check in that amount to the 

Consent Decree Library at the stated 

address. In requesting a copy exclusive 

of exhibits and defendants’ signatures, 

please enclose a check in the amount of: 

$9.75 (25 cents per page reproduction 

cost) payable to the U.S. Treasury; 

$11.25, exhibits included. 

Robert Brook, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. E9–1657 Filed 1–26–09; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Stipulated Order 

for Preliminary Relief Under the Clean 

Water Act 

Notice is hereby given that on January 

15, 2009, the United States Department 

of Justice, on behalf of the U.S. 

Environmental Protection Agency 

(‘‘EPA’’) and the People of the State of 

California ex. rel. California State Water 

Resources Control Board and California 

Regional Water Quality Control Board, 

San Francisco Region (the ‘‘State’’), 

lodged with the United States District 

Court for the Northern District of 

California a stipulated order for 

preliminary relief with defendant East 

Bay Municipal Utility District 

(‘‘EBMUD’’) in the case of United States 

et al. v. East Bay Municipal Utility 

District (cv–09–0186). On the same day, 

the United States and the State filed a 

Complaint pursuant to the federal Clean 

Water Act, 33 U.S.C. 1319 and 

California Water Code Sections 13376, 

13385 and 13386. Under the stipulated 

order, EBMUD shall perform various 

studies and take a number of interim 

steps aimed at the ultimate cessation of 

discharges from its three wet weather 

facilities. These facilities discharge 

partially treated sewage into the San 

Francisco Bay when wet weather flows 

exceed the capacity of EBMUD’s 

treatment plant. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the stipulated order. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, and either e-mailed to 

pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to the 

stipulated order between the United 

States, the State of California and 

EBMUD, DOJ Ref. No. 90–5–1–1–09361. 

The proposed stipulated order may be 

examined at the office of the United 

States Attorney, 450 Golden Gate Ave., 

11th Floor, San Francisco, CA 94102 

and at EPA’s office, 75 Hawthorne 

Street, San Francisco, CA 94105. During 

the public comment period, the 

Settlement Agreement may also be 

examined on the following Department 

of Justice Web site, http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Settlement Agreement may also be 

obtained by mail from the Consent 

Decree Library, P.O. Box 7611, U.S. 

Department of Justice, Washington, D.C. 

20044–7611 or by faxing or e-mailing a 

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