[Federal Register Volume 76, Number 104 (Tuesday, May 31, 2011)]
[Notices]
[Pages 31360-31361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13280]


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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 May 16, 2011, a proposed Consent 
Decree in United States and State of Texas v. Halliburton Energy 
Services, Inc., et al., Civil Action No. 4-07-CV-3795, was lodged with 
the United States District Court for the Southern District of Texas.
    In this action the United States, on behalf of the United States 
Environmental Protection Agency, and the State of Texas, on behalf of 
the Texas Commission on Environmental Quality (``TCEQ''), sought, 
pursuant to Sections 107 and 113 of the Comprehensive Environmental 
Response, Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9607 
and 9613, seeking reimbursement of response costs incurred or to be 
incurred for response actions taken at or in connection with the 
release or threatened release of hazardous substances at three 
facilities located in Webster, Texas (the ``Webster Site''), Odessa, 
Texas (the ``Odessa Site''), and Houston, Texas (the ``Tavenor Site''), 
known collectively as the ``Gulf Nuclear Sites'' or ``Sites'' as well 
as declaratory relief.
    The United States and the State have negotiated a Consent Decree 
with

[[Page 31361]]

Defendant Pengo Industries, Inc. to resolve the CERCLA claims as well 
as the state law claims. The proposed Consent Decree resolves the 
liability of Pengo Industries, Inc. for response costs incurred or to 
be incurred and response actions taken in connection with the Sites. 
Under the Consent Decree, Settling Defendant agrees to reimburse the 
United States and the State a share of their response costs for the 
Sites with payments in the sum of $815,000 for the United States and 
$81,500 for the State. This Consent Decree includes a covenant not to 
sue by the United States and the State under Sections 106, 107 and 113 
of CERCLA.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General 
for the Environment and Natural Resources Division, U.S. Department of 
Justice, and either emailed to [email protected] or mailed 
to P.O. Box 7611, NW., Washington, DC 20044-7611, and should refer to 
United States and State of Texas v. Halliburton Energy Services, Inc., 
et al., D.J. Ref. 90-11-3-07730/1.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Southern District of Texas, 919 Milam Street, Suite 
1500, Houston, Texas 77002. The Consent Decree may also be examined at 
U.S. EPA Region 6, 1445 Ross Avenue, Suite 1200, Dallas, Texas, 75202. 
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 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 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $8.00 (25 cents per 
page reproduction cost) payable to the U.S. Treasury or, if by email or 
fax, forward a check in that amount to the Consent Decree Library at 
the stated address.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2011-13280 Filed 5-27-11; 8:45 am]
BILLING CODE 4410-15-P