[Federal Register Volume 68, Number 74 (Thursday, April 17, 2003)]
[Notices]
[Page 19006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9404]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Settlement Agreement Under the Comprehensive 
Environmental Response, Compensation, and Liability Act, the Clean 
Water Act, and the Clean Air Act

    Notice is hereby given that on March 25, 2003, a proposed 
Settlement Agreement (the ``Agreement'') in In re: Farmland Industries, 
Inc., et al., Case No. 02-50557, was lodged with the United States 
Bankruptcy Court for the Western District of Missouri.
    In this settlement the United States resolves all but one \1\ of 
the Environmental Protection Agency's pre-petition (presently known and 
outstanding) claims for cost recovery and civil penalties under CERCLA, 
the Clean Water Act, and the Clean Air Act against Farmland Industries, 
Inc. The Settlement Agreement resolves EPA's claims for civil penalties 
in connection with three oil spills from pipelines owned and operated 
by Farmland, violations of ``mobile source'' regulations, 42 U.S.C. 
7545(h) and (k), 40 CFR 105(a)(5)(v), 105(a)(6), 80.101(i), and 
80.46(b) and (f), at Farmland's Coffeyville, Kansas refinery, and for 
cost recovery at six CERCLA sites at which Farmland Industries has been 
identified as a responsible party. The Settlement Agreement provides 
that the United States will have an allowed general unsecured claim 
totaling $2,693,882.60, in settlement of the above-described claims.
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    \1\ The one known EPA claim against Debtors not resolved by the 
subject settlement agreement arises in connection with violations of 
Clean Air Act regulations at Debtor's Coffeyville, Kansas refinery. 
EPA has filed a Proof of Claim in the bankruptcy reserving the right 
to pursue Debtor for this claim.
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    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
Settlement Agreement. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, PO Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to In re: Farmland Industries, Inc., et al., Case No. 02-50557, 
Bankruptcy Court for Western District of Missouri, D.J. Ref.  
90-5-1-1-06976/2,3.
    The Settlement Agreement may be examined at the Office of the 
United States Attorney, 400 E. 9th Street, Kansas City, MO, 64106, and 
at U.S. EPA Region 7, 901 N. 5th Street, Kansas City, Kansas, 66101. 
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/open.html. A copy of the Settlement Agreement may 
also be obtained by mail from the Consent Decree Library, PO Box 7611, 
U.S. Department of Justice, Washington, DC 20044-7611 or by faxing or 
e-mailing a request to Tonia Fleetwood ([email protected]), 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 $8.50 (25 cents per page reproduction cost) 
payable to the U.S. Treasury.

Robert E. Maher, Jr.,
Assistant Chief, Environmental Enforcement Section, Environmental and 
Natural Resources Division.
[FR Doc. 03-9404 Filed 4-16-03; 8:45 am]
BILLING CODE 4410-15-M