Notice of Lodging of Consent Decrees Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act and the Resource Conservation and Recovery Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decrees Pursuant to the

Comprehensive Environmental Response, Compensation, and Liability Act

and the Resource Conservation and Recovery Act

In accordance with Departmental policy, 28 CFR 50.7, Section 122(d)

(2) of the Comprehensive Environmental Response, Compensation, and

Liability Act (``CERCLA''), 42 U.S.C. 9622(d)(2), and Section 7003(d)

of the Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C.

6973(d), notice is hereby given that proposed consent decrees in United

States, et al. v. Alcan Aluminum, Inc., et al., Civil Action No. 88-

4970, and in United States v. Air Products and Chemicals, Inc., et al.,

Civil Action No. 97-7140, were lodged on November 21, 1997, with the

United States District Court for the Eastern District of Pennsylvania.

The proposed consent decrees, which together are intended to comprise a

global settlement with respect to remaining issues involving the Kline

Township location of the Site, would settle actions that the United

States brought on behalf of the United States Environmental Protection

Agency under Sections 106 and 107(a) of the Comprehensive Environmental

Response, Compensation, and Liability Act, as amended (``CERCLA''), 42

U.S.C. 9606, 9607(a), to compel environmental response actions to be

taken and for recovery of response costs incurred by the United States

in connection with the McAdoo Associates Superfund Site, located in

Schuylkill County, Pennsylvania, in or near the Borough of McAdoo

(``the Site''). The consent decrees would also resolve the claims of

some of the settling defendants against other of the settling

defendants arising out of this and an earlier settlement related to the

Site in United States and Commonwealth of Pennsylvania v. Air Products

and Chemicals, Inc., et al., Civil Action No. 87-7352 (E.D. Pa.)

(consent decree entered June 3, 1988) (``the 1988 decree''). Under the

terms of the proposed consent decrees, (1) the United States will

recover on behalf of the EPA Hazardous Substance Superfund, from those

settling defendants that did not settle with the United States under

the 1988 decree (``the Alcan parties''), the sum of $970,000, plus a

designated share of interest that has accrued on funds that the Alcan

parties paid into an escrow account pending finalization of a 1992

consent decree, whose entry was vacated by the United States Court of

Appeals in United States v. Alcan Aluminum, Inc., 25 F. 3d 1174 (3d

Cir. 1994); (2) those settling defendants that settled under the 1988

decree (``the Air Products parties'') will receive $1.2 million from

the Alcan parties and from the escrow account to resolve the Air

Products parties' claims for contribution against the Alcan parties

($170,000), and to resolve the Air Products parties' reauthorized claim

for reimbursement from the EPA Hazardous Substance Superfund under the

1988 decree ($1.03 million); (3) the Air Products parties will perform

a groundwater monitoring remedy selected by EPA under a Record of

Decision for the Site issued on September 30, 1991 for Operable Unit

Two (OU2) at the Site; and (4) the settling defendants will pay the

United States and the Commonwealth of Pennsylvania's past costs

relating to OU2 at the Site (totaling $75,000 and $5,000,

respectively).

The consent decrees include a covenant not to sue by the United

States under Sections 106 and 107 of CERCLA, and under Section 7003 of

RCRA.

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

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

proposed consent decrees. 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 v. Alcan Aluminum, Inc., et al., DOJ Ref. Nos. 90-11-3-

142A and 90-11-3-142E. Commenters may request an opportunity for a

public meeting in the affected area, in accordance with Section 7003(d)

of RCRA, 42 U.S.C. 6973(d).

The proposed consent decrees may be examined at the office of the

United States Attorney for the Eastern District of Pennsylvania, 615

Chestnut Street, Suite 1250, Philadelphia, PA 19106; the Region III

Office of the Environmental Protection Agency, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107; 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 decrees 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 refer to the

referenced case and enclose a check in the amount of $33.50 (25 cents

per page reproduction costs) payable to the Consent Decree Library (or

$89.75 for a copy that includes all signature pages and exhibits).

Walker Smith,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 97-31722 Filed 12-2-97; 8:45 am]

BILLING CODE 4410-01-M