[Federal Register Volume 59, Number 130 (Friday, July 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16591]
[[Page Unknown]]
[Federal Register: July 8, 1994]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Toxic
Substances Control Act
In accordance with Department of Justice Policy set forth at 28 CFR
50.7, notice is hereby given that a proposed second modification to the
consent decree previously entered by the United States District Court
for the Southern District of Texas in United States v. Texas Eastern
Transmission Corp. d/b/a/ Texas Eastern Gas Pipeline Co. Civ. No. H-88-
1917, has been lodged with this Court on June 16, 1994.
The proposed modification integrates certain provisions of an
administrative settlement between Texas Eastern and the Commonwealth of
Pennsylvania with those set forth in the consent decree. Integration of
these provisions is necessary to protect Texas Eastern from being made
subject to inconsistent remediation requirements imposed in the
administrative settlement and the consent decree. The Environmental
Protection Agency has analyzed the cleanup requirements in the
administrative settlement and concluded that, although different from
those in the consent decree, are equally protective of human health and
the environment. The provisions of the administrative settlement being
integrated will be applicable only to Texas Eastern's remedial efforts
at its compressor station sites located in Pennsylvania. For sites
located outside of Pennsylvania, the cleanup requirements set forth in
the consent decree will continue to apply.
In addition, the second proposed modification would allow Texas
Eastern to propose to clean up areas or environmental media (e.g. off-
site areas or streambeds) that it is not presently required to
remediate under the consent decree. This provision is not limited to
locations in Pennsylvania, but would apply at any of the compressor
station sites and off site locations covered by the original decree.
EPA's decision to accept Texas Eastern's proposal is entirely
discretionary, and Texas Eastern has no ability to invoke the Court's
dispute resolution authority if it disagrees with EPA's decision. If
EPA approved the additional cleanup, and Texas Eastern performed the
cleanup adequately, then Texas Eastern would be granted the same
covenant not to sue at these additional areas that would apply at the
areas covered by the original consent decree.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication, comments related to the
proposed modification. Comments should be addressed to the Assistant
Attorney General of the Environment and Natural Resources Division,
Department of Justice, Washington, DC 20530, and should refer to United
States v. Texas Eastern Gas Transmission Corp. d/b/a/ Texas Eastern Gas
Pipeline Co. DOJ Ref. #90-5-1-1-2820.
The proposed modification may be examined at the TSCA Public Docket
Office, room NE-G004, Environmental Protection Agency, 401 M Street
SW., Washington, DC 20460 and at the Consent Decree Library, 1120 G
Street NW., 4th floor, Washington, DC (20005), 202-624-0892. A copy of
the proposed modification 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 $7.00 (25 cents per page reproduction
costs), payable to the Consent Decree Library.
John C. Cruden,
Chief, Environment and Natural Resources Division.
[FR Doc. 94-16591 Filed 7-7-94; 8:45 am]
BILLING CODE 4410-01-M
