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

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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