Notice of Lodging of Consent Decree Pursuant to the Toxic Substances Control Act

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]

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