[Federal Register Volume 83, Number 61 (Thursday, March 29, 2018)]
[Notices]
[Page 13524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06360]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the
Comprehensive Environmental Response, Compensation and Liability Act
and The Clean Water Act
On March 22, 2018, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Western
District of Louisiana in the lawsuit entitled United States, Louisiana
Department of Environmental Quality, and Louisiana Department of
Wildlife and Fisheries, for the State of Louisiana v. CITGO Petroleum
Corporation, Occidental Chemical Corporation, OXY USA Inc., and PPG
Industries, Inc., Civil Action No. 2:18-cv-00402.
The Consent Decree resolves Plaintiffs' claims, as the trustees of
natural resources, for injuries to natural resources in connection with
the discharge of hazardous substances into Bayou d'Inde in the
Calcasieu Estuary located in Calcasieu Parish, Louisiana. Specifically,
the United States, on behalf of the National Oceanic and Atmospheric
Administration and the U.S. Department of Interior, as federal trustees
for natural resources injured by Settlors' disposals of hazardous
substances, seek to recover natural resource damages pursuant to
Section 107(a) of the Comprehensive Environmental Response,
Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9607(a), and
Section 311(f) of the Federal Water Pollution Control Act (``CWA''), 33
U.S.C. 1321(f). The Louisiana Department of Environmental Quality
(``LDEQ'') and the Louisiana Department of Wildlife and Fisheries
(``LDWF''), for the State of Louisiana, join in this action and also
seek to resolve claims under the Louisiana Environmental Quality Act,
La. R.S. Sec. 30:2025. The proposed Consent Decree resolves these
claims. Under the proposed Consent Decree, Settling Defendants CITGO
Petroleum Corporation, Occidental Chemical Corporation, OXY USA Inc.,
and PPG Industries, Inc. are resolving their liability for natural
resource damages alleged in the Complaint and agree to pay jointly the
total sum of $11 million from which $3,045,046 will reimburse the
federal and state trustees for past assessment costs ($2,981,841.85 for
federal trustees and $63,204 for state trustees) and $7,954,954.15 will
be deposited into the Bayou d'Inde Area of Concern Site Restoration
Account within the NRDAR Fund managed by the United States Department
of Interior for use by the trustees to pay for future natural resource
restoration actions selected by the trustees. In consideration for the
payments to be made by the Settling Defendants, and subject to certain
reservations of rights, the United States, LDEQ and LDWF covenant not
to sue or take any civil judicial or administrative action against the
Settling Defendants to recover for the natural resource damages as
defined in the Consent Decree.
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, Louisiana Department of Environmental
Quality, and Louisiana Department of Wildlife and Fisheries, for the
State of Louisiana v. CITGO Petroleum Corporation, Occidental Chemical
Corporation, OXY USA Inc., and PPG Industries, Inc., D.J. Ref. No. 90-
11-2-1284/3. 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 email............................ [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 Consent Decree may be
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. 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 $9.75 (25 cents per page
reproduction cost) payable to the United States Treasury.
Thomas P. Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2018-06360 Filed 3-28-18; 8:45 am]
BILLING CODE 4410-15-P