[Federal Register Volume 78, Number 78 (Tuesday, April 23, 2013)]
[Notices]
[Pages 23956-23957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09500]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the 
Comprehensive Environmental Response, Compensation and Liability Act 
(CERCLA).

    On April 17, 2013, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Eastern 
District of Texas in the lawsuit entitled United States and State of 
Texas v. City of Port Arthur, Texas, et al., Civil Action No. 1:13-cv-
00235.
    The United States filed this lawsuit under the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA). The 
Complaint, jointly filed by the United States and the State of Texas, 
names the City of Port Arthur, Texas; American Commercial Barge Line 
LLC; E.I. du Pont de Nemours & Company; Huntsman Petrochemical 
Corporation; Kirby Corporation; Kirby Inland Marine, LP; Phillips 66 
Company; Port Neches Towing, Inc.; and Sabine Towing and Transportation 
Co. Inc., as defendants. The complaint requests recovery of costs that 
the United States and the State of Texas incurred responding to 
releases of hazardous substances at the State Marine Superfund Site 
near the city of Port Arthur, Texas. These nine defendants (``Settling 
Defendants'') signed the consent decree. Collectively, the Settling 
Defendants agreed to pay $1,029,000 of the United States' response 
costs (and $70,000 of the State's response costs). In return, the 
United States agrees not to sue the Settling Defendants under sections 
106 and 107 of CERCLA or under section 7003 of the Resource 
Conservation and Recovery Act. The consent decree also includes a 
finding that Settling Defendants are entitled to protection from 
contribution actions or claims as provided by CERCLA Section 113(f)(2), 
42 U.S.C. Sec.  9613(f)(2), for ``matters addressed'' in the consent 
decree. With certain exceptions, the consent decree defines ``matters 
addressed'' in the consent decree to be all response actions taken or 
to be taken and all response costs incurred or to be incurred, at or in 
connection with the State Marine Site, by the United States, the State 
of Texas, or any other person.
    The publication of this notice opens a period for public comment on 
the consent decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States and State of Texas v. City of Port 
Arthur, Texas et al., D.J. Ref. No. 90-11-3-09504/1. 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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    Under section 7003(d) of RCRA, a commenter may request an 
opportunity for a public meeting in the affected area.
    During the public comment period, the 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 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 $9.00 (25 cents per page

[[Page 23957]]

reproduction cost) payable to the United States Treasury.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2013-09500 Filed 4-22-13; 8:45 am]
BILLING CODE 4410-15-P