Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as Amended

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980, as

Amended

In accordance with Departmental policy, 28 C.F.R. 50.7 and pursuant

to section 122 of the Comprehensive Environmental Response,

Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9622, notice is

hereby given that a proposed Amendment to Consent Decree in United

States v. Agrico Chemical Company, et al., Civil Action No. 93-23-C,

was lodged on May 30, 1995, with the United States District Court for

the Northern District of Florida, Pensacola Division. The Amendment to

Consent Decree modifies the Consent Decree entered by the Court on May

4, 1994, regarding an action brought under Sections 106 and 107 of the

Comprehensive Environmental Response, Compensation and Liability Act,

42 U.S.C. 9606 and 9607, for implementation of Remedial Action and

recovery of response costs incurred and to be incurred by the United

States at Operable Unit One of the Agrico Chemical Superfund Site in

Pensacola, Florida. This amendment requires implementation of Remedial

Design and Remedial Action and recovery of response costs incurred and

to be incurred by the United States at Operable Unit Two of the Agrico

Chemical Superfund Site in Pensacola, Florida.

This case concerns a former fertilizer manufacturing facility at

the intersection of Interstate 110 and Fairfield Drive in Pensacola,

Florida, [[Page 32168]] known as the Agrico Chemical Company Superfund

Site (the ``Site'').

Defendants Agrico Chemical Company, a division of Freeport-MacMoRan

Resource Partners Limited Partnership, and Conoco, Inc., a wholly owned

subsidiary of E.I. DuPont de Nemours and Company, Inc., (collectively,

the ``Settling Defendants'') have agreed in the proposed Amendment to

Consent Decree to pay the United States $351,234.45 for past response

costs incurred at the Site, as well as all future response costs

incurred by the United States in connection with this Site, including

costs of overseeing the implementation of the Remedial Design and

Remedial Action of Operable Unit Two. The Settling Defendants have also

agreed to implement the remedy selected by EPA for the Site. EPA issued

the Record of Decision (``ROD'') for Operable Unit Two on August 18,

1994. The selected remedy provides for natural attenuation of the

groundwater contamination, in conjunction with Operable Unit One (which

will prevent further contaminant loading to the groundwater), combined

with institutional controls to restrict new wells, comprehensive

groundwater monitoring, surface-water monitoring of Bayou Texar, and

plugging and abandoning any impacted irrigation wells. The estimated

present value of the selected remedy for Operable Unit Two is $1.7

million. The ROD also provides for a contingency remedy. If, in the

future, fluoride levels in nearby public water supply wells exceed

Florida's secondary drinking water standard of 2 mg/l, EPA will decide

whether wellhead treatment or well replacement is needed. The estimated

costs of the contingency remedy are $1 million for well replacement and

$21 million for wellhead treatment.

The Department of Justice will receive, for a period of thirty (30)

days from the date of this publication, comments relating to the

proposed Amendment to Consent Decree. Comments should be addressed to

the Assistant Attorney General for the Environment and Natural

Resources Division, Department of Justice, Washington, DC 20530, and

should refer to United States v. Agrico Chemical Company, et al., DOJ

Ref. #90-11-2-863.

The proposed Amendment to Consent Decree may be examined at the

Office of the United States Attorney, Northern District of Florida, 114

East Gregory Street, Pensacola, Florida; the Office of the United

States Environmental Protection Agency, Region IV, 345 Courtland

Street, N.E., Atlanta, Georgia; and at the Consent Decree Library, 1120

G Street NW., 4th Floor, Washington, DC 20005, (202) 624-0892. A copy

of the proposed Amendment to Consent Decree may be obtained in person

or by mail from the Consent Decree Library, 1120 G Street NW., 4th

Floor, Washington, DC 20005. In requesting a copy, please refer to the

referenced case and enclose a check in the amount of $38.75 (25 cents

per page reproduction costs), payable to the Consent Decree Library for

a copy of the Amendment to Consent Decree with attachments (ROD and

Statement of Work) or a check in the amount of $4.25, for a copy of the

proposed Amendment to Consent Decree without those attachments.

Bruce S. Gelber,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 95-14956 Filed 6-19-95; 8:45 am]

BILLING CODE 4410-01-M