[Federal Register Volume 62, Number 203 (Tuesday, October 21, 1997)]
[Notices]
[Pages 54653-54654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27773]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Settlement Pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act

    In accordance with Department policy, 28 CFR Sec. 50.7, notice is 
hereby given that on September 25, 1997, a proposed Consent Decree in 
Tex Tin Corp. v. United States, Civil Action No. G-96 247, consolidated 
with Amoco Chemical Co. v. United States, et al., Civil Action No. G-
96-272 (S.D. Tex., Galveston), was lodged with the U.S. District Court 
for the Southern District of Texas, Galveston Division. The United 
States filed counterclaims against Tex Tin Corp. and Amoco

[[Page 54654]]

Chemical Co. in these consolidated actions pursuant to Section 107(a) 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act, as amended (``CERCLA''), 42 U.S.C. Sec. 9607(a) for 
recovery of costs incurred and to be incurred for response actions 
responding to the release or threat of release of hazardous substances 
at the Text Tin Superfund Site (``Site'') in Texas City, Texas. This 
Consent Decree resolves the United States claims against Amoco Chemical 
Company, Amoco Oil Company and Amoco Corporation (collectively 
``Amoco'') for CERCLA response costs at the Site.
    Amoco owns 27.33 acres (``Area H'') of the 210-acre Site, which 
Amoco purchased after disposal activities had ceased. With respect to 
the Site exclusive of Area H, Amoco is a de minimis generator 
potentially responsible party. The proposed settlement recognizes that 
Amoco has performed the Remedial Investigation/Feasibility study for 
the Site, and will clean up Area H under a Voluntary Cleanup Program 
(``VCP'') Response Action Work Plan with the state of Texas which will 
include construction of a soil cover over Area H, installation of a 
subsurface barrier wall, and continued monitoring of the network of 
groundwater wells.
    With respect to Area H, the Consent Decree provides Amoco with a 
covenant not to sue under Sections 106 and 107 of CERCLA only if the 
Environmental Protection Agency issues a written determination that the 
cleanup, as implemented, is protective of human health and the 
environment within the meaning of Section 121 of CERCLA. The Consent 
Decree provides Amoco with a de minimis party covenant not to sue for 
the remainder of the Site. Amoco reserves contribution claims against 
the United States.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments concerning the proposed 
Consent Decree. Comments should be addressed to the Assistant Attorney 
General of the Environment and Natural Resources Division, U.S. 
Department of Justice, Washington, D.C. 20530, and should refer to 
Amoco Chemical Co. v. United States, et al., D.J. ref. 90-11-3-1669.
    The proposed Consent Decree may be examined at the Region 6 Office 
of the United States Environmental Protection Agency, 1445 Ross Avenue, 
Dallas, Texas 75202 and at the Consent Decree Library, 1120 G Street, 
N.W., 4th Floor, Washington, D.C. 20005. A copy of the proposed Decree 
may be obtained in person or by mail from the Consent Decree Library, 
1120 G Street, N.W., Washington, D.C. 20005. In requesting a copy, 
please enclose a check in the amount of $5.50 ($0.25 per page for 
reproduction costs) payable to: Consent Decree Library.
Joel Gross,
Chief, Environmental Enforcement Section, Environment & Natural 
Resources Division.
[FR Doc. 97-27773 Filed 10-20-97; 8:45 am]
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