Notice of Lodging of Consent Decree Under the Clean Water Act, 60854-60855 [05-20933]

Download as PDF 60854 Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Notices Louisiana; Baytown, Texas; Beaumont, Texas; Billings, Montana; Joliet, Illinois, and Torrance, California. The complaint also asserted claims for violation of certain other environmental laws at some of the refineries, including: (1) Claims under Section 3008 of the Resource Conservation and Recovery Act, 42 U.S.C. 6928, and Section 309 of the Clean Water Act, 33 U.S.C. 1319, at the Billings and Joliet Refineries; and (2) claims for violation of release reporting requirements under Section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9603, and Section 304 of the Emergency Planning and Community Right-to-Know Act, 42 U.S.C. 11004. Under the settlement, ExxonMobil will implement innovative pollution control technologies to reduce emissions of nitrogen oxides, sulfur dioxide, and particulate matter from refinery process units. ExxonMobil also will adopt facility-wide enhanced benzene waste monitoring and fugitive emission control programs. In addition, ExxonMobil will pay a $7.7 million civil penalty for settlement of the claims in the complaint. Finally, ExxonMobil will undertake $6.7 million in federal and state environmentally-beneficial projects, including: (1) Retrofitting or replacing municipal bus fleets in communities near the Baytown, Beaumont, Billings, Joliet, and Torrance Refineries to reduce air emissions from those vehicles, at a cost of at least $1,300,000; (2) donating land containing unique prairie habitat and performing habitat restoration benefitting the Midewin Tallgrass Prairie near the Joliet Refinery, at a cost of at least $1,050,000; (3) providing emergency response equipment to the Will County Emergency Management Agency, which serves the area near the Joliet Refinery, at a cost of at least $100,000; (4) performing three different emission reduction projects at the Baytown, Billings, and Joliet Refineries, at a total cost of at least $2,550,000; and (5) providing $1,700,000 for acquisition and protection of coastal lands in the State of Louisiana. The Department of Justice will receive comments relating to the Consent Decree for a period of thirty (30) days from the date of this publication. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United States et al. v. Exxon Mobil Corporation and ExxonMobil Oil Corporation, D.J. Ref. No. 90–5–2–1–07030. VerDate Aug<31>2005 14:50 Oct 18, 2005 Jkt 208001 The Consent Decree may be examined at the Office of the U.S. Environmental Protection Agency, Region 5, 77 W. Jackson Boulevard, Chicago, Illinois, During the public comment period, the Consent Decree may also be examined on the following Department of Justice Web site, https://www.usdoj.gov/enrd/ open.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 (tonia.fleetwood@usdoj.gov, fax number (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 $69.25 (25 cents per page reproduction cost) payable to the U.S. Treasury. Robert D. Brook, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 05–20935 Filed 10–18–05; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Water Act Pursuant to 28 CFR 50.7, notice is hereby given that on October 7, 2005, a proposed consent decree in United States v. Sanitation District No. 1 of Northern Kentucky, Civil No. 05–199– WOB, was lodged with the United States District Court for the Eastern District of Kentucky. This Consent Decree will address claims asserted by the United States in a complaint filed contemporaneously with the Consent Decree against Sanitation District No. 1 of Northern Kentucky(‘‘the District’’) for civil penalties and injunctive relief under section 309 of the Clean Water Act (‘‘the Act’’), 33 U.S.C. 1319, for discharges of pollutants in violation of section 301 of the Act, 33 U.S.C. 1311, including violation of conditions established in the National Pollutant Discharge Elimination System (‘‘NPDES’’) permits issued to the District by the Kentucky Department of Environmental Protection (‘‘KDEP’’), pursuant to authority delegated to it by EPA under section 402(b) of the Act, 33 U.S.C. 1342(b), and for discharges of pollutants without an NPDES permit. The remedial measures prescribed under the proposed Consent Decree are divided into two primary parts: Initial watershed program projects and submittals, and development and PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 implementation of long-term watershed plans for each of the four watersheds in The District’s service area. The initial watershed program projects and submittals, which are to occur within one year of entry of the Consent Decree, include documentation demonstrating the status of the District’s compliance with the Nine Minimum Controls required under EPA’s Combined Sewer System policy; a self-assessment of the District’s Capacity, Management, Operation and Maintenance (CMOM) Programs, including the submittal of three specific programs: Gravity line prevention maintenance, grease control, and a Sewer Overflow Response Plan; an initial watershed program projects list; and a pump station plan to address high volume and chronic unpermitted discharges at pump stations. This longterm watershed plan development portion of the Consent Decree requires submission of a framework for developing watershed plans within six months of entry of the Consent Decree; submission by December 2008 of a watershed plan for each of the four watersheds, including a Long Term Control Plan and a Sanitary Sewer Overflow Plan; and submission every five years thereafter of updated watershed plans, through December 2025, at which time the Consent Decree requires full compliance with Combined Sewer Overflow water quality standards criteria and the elimination of all unpermitted discharges. The District will pay a civil penalty of $476,000, with $338,200 going to Kentucky and $138,000 going to the United States. The District is also required to perform supplemental environmental projects valued at not less than $636,000. 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, Environment and Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, PC 20044–7611, and should refer to United States v. Sanitation District No. 1 of Northern Kentucky, D.J. Ref. #90–5–1– 1–08591. The consent decree may be examined at the Office of the United States Attorney for the Eastern District of Kentucky, 110 West Vine Street, Lexington, KY 40507, and at U.S. EPA Region 4, Office of Regional Counsel, 61 Forsyth Street, Atlanta, GA 30303. During the public comment period, the consent decree may also be examined on the following Department of Justice Web site: https://www.usdoj.gov/enrd/ open.html. A copy of the consent decree E:\FR\FM\19OCN1.SGM 19OCN1 Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Notices 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 emailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), 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 $18.75 (25 cents per page reproduction cost) payable to the U.S. Treasury. Ellen M. Mahan, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 05–20933 Filed 10–18–05; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF LABOR Employment Standards Administration Proposed Collection; Comment Request ACTION: Notice. SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Employment Standards Administration is soliciting comments concerning the proposed collection: Office of Federal Contract Compliance Programs (OFCCP), Equal Opportunity Survey. A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice. DATES: Written comments must be submitted to the office listed in the addresses section below on or before December 19, 2005. ADDRESSES: Ms. Hazel M. Bell, U.S. Department of Labor, 200 Constitution Ave., NW., Room S–3201, Washington, DC 20210, telephone (202) 693–0418, fax (202) 693–1451, E-mail bell.hazel@dol.gov. Please use only one VerDate Aug<31>2005 14:50 Oct 18, 2005 Jkt 208001 method of transmission for comments (mail, fax, or E-mail). SUPPLEMENTARY INFORMATION: I. Background Government contractors provide information on their personnel activities and the results of their affirmative action efforts to employ and promote minorities and women. This information is used to select specifically identified contractors for compliance evaluations and compliance assistance. These requirements have been established under Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; and the Vietnam Era Veterans’ Readjustment Assistance Act, as amended, 38 U.S.C. 4212. Implementing regulations are at 41 CFR Chapter 60. The regulations at 41 CFR part 60–2.18 authorize the collection of data by OFCCP through the use of the EO Survey. In addition, the regulations at 41 CFR part 60–1.12 require contractors to collect and retain employment and other related records. The EO Survey is a request for some of those data. With these data, the Survey is intended to improve the selection of contractors for compliance evaluations which are used to determine compliance with the nondiscrimination and equal employment opportunity (EEO) regulations. This information collection is currently approved for use through December 31, 2005. II. Review Focus The Department of Labor is particularly interested in comments which: * Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; * Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; * Enhance the quality, utility and clarity of the information to be collected; and * Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 60855 III. Current Actions The Department of Labor seeks a three year extension of approval to collect this information in order to permit OFCCP the time to continue its assessment and evaluation of the EO Survey. During this period, OFCCP will conduct a cost benefit analysis to examine the effectiveness of the EO Survey; as a useful tool in the selection of contractors that are not in compliance with their Equal Employment Opportunity and non-discrimination obligations. The OFCCP seeks a three year extension to the approval of the Equal Opportunity Survey. There is no change in the substance or method of collection since the last OMB approval. Type of Review: Extension. Agency: Employment Standards Administration. Titles: Equal Opportunity Survey. OMB Number: 1215–0196. Affected Public: Business or other forprofit; Not-for-profit institutions. Total Respondents: 10,000. Total Annual Responses: 10,000. Estimated Total Burden Hours: 210,000. Estimated Time per Response: 21 hours. Frequency: Annually. Total Burden Cost (capital/startup): $0. Total Burden Cost (operating/ maintenance): $30,000. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. Dated: October 14, 2005. Bruce Bohanon, Chief, Branch of Management Review and Internal Control, Division of Financial Management, Office of Management, Administration and Planning, Employment Standards Administration. [FR Doc. 05–20925 Filed 10–18–05; 8:45 am] BILLING CODE 4510–CM–P DEPARTMENT OF LABOR Employment Standards Administration Proposed Collection; Comment Request ACTION: Notice. SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed E:\FR\FM\19OCN1.SGM 19OCN1

Agencies

Department of Justice

[Federal Register Volume 70, Number 201 (Wednesday, October 19, 2005)]
[Notices]
[Pages 60854-60855]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20933]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water Act

    Pursuant to 28 CFR 50.7, notice is hereby given that on October 7, 
2005, a proposed consent decree in United States v. Sanitation District 
No. 1 of Northern Kentucky, Civil No. 05-199-WOB, was lodged with the 
United States District Court for the Eastern District of Kentucky.
    This Consent Decree will address claims asserted by the United 
States in a complaint filed contemporaneously with the Consent Decree 
against Sanitation District No. 1 of Northern Kentucky(``the 
District'') for civil penalties and injunctive relief under section 309 
of the Clean Water Act (``the Act''), 33 U.S.C. 1319, for discharges of 
pollutants in violation of section 301 of the Act, 33 U.S.C. 1311, 
including violation of conditions established in the National Pollutant 
Discharge Elimination System (``NPDES'') permits issued to the District 
by the Kentucky Department of Environmental Protection (``KDEP''), 
pursuant to authority delegated to it by EPA under section 402(b) of 
the Act, 33 U.S.C. 1342(b), and for discharges of pollutants without an 
NPDES permit.
    The remedial measures prescribed under the proposed Consent Decree 
are divided into two primary parts: Initial watershed program projects 
and submittals, and development and implementation of long-term 
watershed plans for each of the four watersheds in The District's 
service area. The initial watershed program projects and submittals, 
which are to occur within one year of entry of the Consent Decree, 
include documentation demonstrating the status of the District's 
compliance with the Nine Minimum Controls required under EPA's Combined 
Sewer System policy; a self-assessment of the District's Capacity, 
Management, Operation and Maintenance (CMOM) Programs, including the 
submittal of three specific programs: Gravity line prevention 
maintenance, grease control, and a Sewer Overflow Response Plan; an 
initial watershed program projects list; and a pump station plan to 
address high volume and chronic unpermitted discharges at pump 
stations. This long-term watershed plan development portion of the 
Consent Decree requires submission of a framework for developing 
watershed plans within six months of entry of the Consent Decree; 
submission by December 2008 of a watershed plan for each of the four 
watersheds, including a Long Term Control Plan and a Sanitary Sewer 
Overflow Plan; and submission every five years thereafter of updated 
watershed plans, through December 2025, at which time the Consent 
Decree requires full compliance with Combined Sewer Overflow water 
quality standards criteria and the elimination of all unpermitted 
discharges. The District will pay a civil penalty of $476,000, with 
$338,200 going to Kentucky and $138,000 going to the United States. The 
District is also required to perform supplemental environmental 
projects valued at not less than $636,000.
    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, 
Environment and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, PC 20044-7611, and should refer to 
United States v. Sanitation District No. 1 of Northern Kentucky, D.J. 
Ref. 90-5-1-1-08591.
    The consent decree may be examined at the Office of the United 
States Attorney for the Eastern District of Kentucky, 110 West Vine 
Street, Lexington, KY 40507, and at U.S. EPA Region 4, Office of 
Regional Counsel, 61 Forsyth Street, Atlanta, GA 30303. During the 
public comment period, the consent decree may also be examined on the 
following Department of Justice Web site: https://www.usdoj.gov/enrd/
open.html. A copy of the consent decree

[[Page 60855]]

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 
(tonia.fleetwood@usdoj.gov), 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 $18.75 (25 cents per 
page reproduction cost) payable to the U.S. Treasury.

Ellen M. Mahan,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 05-20933 Filed 10-18-05; 8:45 am]
BILLING CODE 4410-15-M

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