[Federal Register Volume 72, Number 197 (Friday, October 12, 2007)]
[Notices]
[Pages 58124-58125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5048]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under The Comprehensive 
Environmental Response, Compensation, and Liability Act

    Notice is hereby given that on October 3, 2007, a proposed Consent 
Decree is United States and State of Oklahoma v. BNSF Railway Company, 
Case No. 5:07-cv-1080, was lodged with the United States District Court 
for the Western District of Oklahoma.
    The proposed Consent Decree resolves claims alleged by the United 
States, on behalf of the United States Environmental Protection Agency 
(``EPA''), and the United States Department of the Interior (``DOI''), 
against the BNSF Railway Company, under the Comprehensive Environmental 
Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9601 
et seq. The claims were alleged in a Complaint filed with the Court on 
September 25, 2007 which sought to recover response costs incurred and 
to be incurred and natural resource damages at the Double Eagle 
Superfund Site in Oklahoma City, Oklahoma. The proposed Consent Decree 
also resolves similar claims alleged by the State of Oklahoma in the 
Complaint. The proposed Consent Decree provides that the BNSF Railway 
Company, which sent approximately 50,000 gallons of waste diesel fuel 
for disposal at the Site, will pay the Untied States and the State of 
Oklahoma $300,000 in response costs and natural resource damages. The 
Consent Decree represents a settlement with the BNSF Railway Company as 
a de minimis party pursuant to section 122 of CERCLA, 42 U.S.C. 9622.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
either e-mailed to [email protected] or mailed to P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States and State of Oklahoma v. BNSF

[[Page 58125]]

Railway Company, D.J. Ref. No. 90-11-2-857/2.
    During the public comment period, the Consent Decree may also be 
examined on the following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the proposed 
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 
([email protected]), fax no. (202) 514-0097, phone confirmation 
no. (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $7.75 (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.

Thomas A. Mariani, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division, U.S. Department of Justice.
[FR Doc. 07-5048 Filed 10-11-07; 8:45 am]
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