[Federal Register Volume 71, Number 13 (Friday, January 20, 2006)]
[Notices]
[Page 3327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-509]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Comprehensive
Environmental Response, Compensation, and Liability Act
Notice is hereby given that on December 30, 2005, a proposed
Consent Decree in the lead case Lyondell Chemical Co., et al. v.
Albemarle Corp. et al., Civil Action No. 01CV890, consolidated with
United States v. EPEC Polymers, Inc., 02CV003, and El Paso Tennessee
Pipeline Co., et al. v. Chevron USA, Inc., et al., 03CV0225, was lodged
with the United States District Court for the Eastern District of
Texas.
This settlement relates to the Petro-Chemical Systems, Inc.
Superfunded Site located in Liberty County, Texas (``the Site''). On
December 6, 2001, ARCO and Lyondell Chemical Company (successor to ACC)
(hereinafter ``ARCO/Lyondell'') sued a number of parties, including the
Settling Defendants (Celanese, Ltd. and CNA Holdings f/k/a Hoechst
Celanese Corporation; Cook Composites and Polymers Co.; E.R. Carpenter,
L.P., Successor in Interest to Carpenter Chemical Company; Hercules
Incorporated; Texaco, Inc., as predecessor to Huntsman Petrochemical
Corporation; NL Industries, f/k/a National Lead Company; Rexene
Corporation, n/k/a Huntsman Polymers Corporation; and Vacuum Tanks,
Inc.) to this Consent Decree, for cost recovery and contribution under
CERCLA Sections 107 and 113, 42 U.S.C. 9607 and 9613, on the grounds
that these parties were liable under CERCLA for the remediation of the
Site. On January 3, 2002, the United States filed a complaint against
EPEC Polymers, Inc. pursuant to CERCLA Section 107, 42 U.S.C. 9607,
seeking, inter alia: (1) Reimbursement of response costs and (2) a
declaratory judgment of liability for any future response costs
incurred by the United States at the Site. EPEC Polymers, Inc., as well
as other El Paso Corporation entities (together hereinafter ``El
Paso'') were also named in the ARCO/Lyondell matter and ultimately
brought contribution claims against various parties including the
Settling Defendants to this Consent Decree.
Under the proposed Consent Decree, the United States provides
covenants not to sue settling defendants under CERCLA Sections 106 and
107, 42 U.S.C. 9606 and 9607, in connection with the site. The proposed
Consent Decree resolves the contribution claims brought by ARCO/
Lyondell and El Paso against Settling Defendants and Settling
Defendants shall pay the United States $37,000 for response costs
incurred by the Environment Protection Agency at the Site and $369,000
to the contribution plaintiffs.
The Department of Justice will receive for a period of third (30)
days from the date of this publication comments relating to the Consent
Decree. comments should be addressed to the Assistant Attorney General,
Environment and Natural Resources Division, P.O. Box 7611, U.S.
Department of Justice, Washington, DC 20044-7611, and should refer to
United States v. EPEC Polymers, Inc., D.J. Ref. 90-11-3-709/1.
The Consent Decree may be examined at the Office of the United
States Attorney, Eastern District of Texas, 350 Magnolia Avenue, Suite
350, Beaumont, Texas 77657, and at U.S. EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202. During the public comment period, the Consent
Decree, may also be examined on the following Department of Justice Web
site, http://www.usdoj.gov/enrd/open.html. A copy of the Consent Decree
may also be obtained by mail from the Consent Decree Library, P.O. Box
7611, U.S. Department of Justice, Washington, DC 20044-7611 or by
faxing or e-mailing a request to Tonia Fleetwood
([email protected]), fax no. (202) 514-0097, phone confirmation
number (202) 514-1547. In requesting a copy by mail, from the Consent
Decree Library, please enclose a check in the amount of $8.75 (25 cents
per page reproduction cost) payable to the U.S. Treasury.
Thomas A. Mariana, Jr.,
Assistant Chief, Environmental, Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 06-509 Filed 1-19-06; 8:45 am]
BILLING CODE 4410-15-M