[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