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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation and Liability Act

Notice is hereby given that on September 27, 1996 a proposed First

Amended Consent Decree in United States and State of California v.

Shell Oil Company, Inc., et al., Case No. CV 91-0589 RJK(Ex) was lodged

with the United States District Court for the Central District of

California. This First Amended Consent Decree represents a settlement

of claims against McAuley LCX Corporation (``McAuley'') for costs

incurred in connection with the McColl Superfund Site (``Site'') in

Fullerton, California under Section 107 of CERCLA, 42 U.S.C. Sec. 9607.

Under this settlement between the United States and the State of

California (``Plaintiffs'') and McAuley, McAuley will pay the United

States Environmental Protection Agency (``EPA'') $184,000 for past

United States response costs. The First Amended Consent Decree also

requires McAuley to pay the State of California $66,000 for past State

response costs.

A Consent Decree resolving claims against McAuley was previously

lodged with the Court on December 1, 1995. However, subsequent to the

lodging of that Consent Decree, EPA issued a Record of Decision

(``ROD'') regarding the groundwater remedy at the Site. As a result,

the earlier Consent Decree has been amended to ensure that McAuley does

not take actions that would adversely affect the implementation of this

remedial action. Additionally, the First Amended Consent Decree more

specifically describes the matters addressed in the Covenant Not to

Sue. This First Amended Consent Decree is similar in all other material

respects to the Consent Decree lodged on December 1, 1995.

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

days from the date of this publication comments relating to the

proposed First Amended Consent Decree. Comments should be addressed to

the Assistant Attorney General of the Environment and Natural Resources

Division, Department of Justice, Washington, D.C. 20530, and should

refer to United States and State

[[Page 54219]]

of California v. Shell Oil Company, Inc., et al., D.J. Ref. 90-11-2-3A.

The proposed First Amended Consent Decree may be examined at the

Office of the United States Attorney, Central District of California,

Room 7516, Federal Building, 300 North Los Angeles Street, Los Angeles,

California 90012 and at Region IX, Office of the Environmental

Protection Agency, 75 Hawthorne Street, San Francisco, California

94105, and at the Consent Decree Library, 1120 G Street, N.W., 4th

Floor, Washington, D.C. 20005, (202) 624-0892. A copy of the proposed

Consent Decree and exhibits thereto may be obtained in person or by

mail from the Consent Decree Library, 1120 G Street, N.W., 4th Floor,

Washington, D.C. 20005. In requesting a copy, please enclose a check in

the amount of $9.50 (25 cents per page reproduction cost) payable to

the Consent Decree Library.

Joel Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 96-26608 Filed 10-16-96; 8:45 am]

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