[Federal Register Volume 77, Number 219 (Tuesday, November 13, 2012)]
[Notices]
[Page 67669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27502]
[[Page 67669]]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the
Comprehensive Environmental Responsibility, Compensation and Liability
Act
On November 6, 2012 the Department of Justice lodged a proposed
Consent Decree for Removal Action and Recovery of Response Costs
(``Consent Decree'') with the United States District Court for the
Southern District of Illinois in the lawsuit entitled United States v.
Phillips 66 Pipeline LLC, Civil Action No. 12-1159-MJR-PMF.
The proposed Consent Decree is related to the property known as the
Rogers Cartage Site (the ``Site''), which is owned by Phillips 66
Pipeline LLC (``Defendant'') and located at 3300 Mississippi Avenue, in
Cahokia, St. Clair County, Illinois. The United States, on behalf of
the United States Environmental Protection Agency (``EPA''), has
brought claims against the Defendant under Sections 106 and 107 of the
Comprehensive Environmental Responsibility, Compensation and Liability
Act (``CERCLA''), 42 U.S.C. 9606 and 9607, in a Complaint filed in the
same lawsuit. The United States alleges that the Defendant is
responsible for the implementation of a response action at the Site not
inconsistent with the National Contingency Plan (NCP), 40 CFR part 300,
which is necessary to abate imminent and substantial risks posed by the
presence of hazardous substances at the Site, including polychlorinated
biphenyls (PCBs). The United States also seeks recovery of response
costs that it has incurred in responding to the release or threatened
release of hazardous substances at and from the Site, and a declaratory
judgment on liability for response costs that will be binding on any
subsequent action or actions to recover further response costs pursuant
to Section 113(g)(2) of CERCLA, 42 U.S.C. 9613(g)(2).
Under the proposed Consent Decree, the Defendant would implement a
response action that was selected by EPA. The response action would
consist of the excavation of all soil at the Site that contains
concentrations of PCBs exceeding the applicable standards at 40 CFR
761.61(a)(4), and off-site disposal of contaminated soil in accordance
with 40 CFR 300.440. The response action would be performed in
accordance with EPA's Action Memorandum dated October 11, 2011 and a
Statement of Work, which are attached to the proposed Consent Decree.
In addition, within 30 days of the entry of the proposed Consent
Decree, the Defendant would reimburse EPA $65,224.12, which is
approximately 70% of all past costs incurred by the United States in
connection with the Site. The Defendant would also reimburse EPA for
all future response costs not inconsistent with the NCP.
The publication of this notice opens a period for public comment on
the proposed Consent Decree. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
and should refer to United States v. Phillips 66 Pipeline LLC, D.J.
Ref. No. 90-11-3-10471. All comments must be submitted no later than
thirty (30) days after the publication date of this notice. Comments
may be submitted either by email or by mail:
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To submit comments: Send them to:
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By e-mail................................. [email protected].
By mail................................... Assistant Attorney General,
U.S. DOJ--ENRD, P.O. Box
7611, Washington, DC 20044-
7611.
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During the public comment period, the proposed Consent Decree may
be examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy
of the proposed Consent Decree upon written request and payment of
reproduction costs. Please mail your request and payment to: Consent
Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-
7611.
Please enclose a check or money order for $21.75 (25 cents per page
reproduction cost) payable to the United States Treasury if you wish to
receive the complete proposed Consent Decree with all appendices. For a
paper copy of the proposed Consent Decree without the appendices and
signature pages, the cost is $14.50.
Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2012-27502 Filed 11-9-12; 8:45 am]
BILLING CODE 4410-15-P