[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