Notice of Consent Decree Pursuant to the Resource Conservation and Recovery Act; the Comprehensive Environmental Response, Compensation, and Liability Act; and the Clean Air Act

DEPARTMENT OF JUSTICE

Notice of Consent Decree Pursuant to the Resource Conservation

and Recovery Act; the Comprehensive Environmental Response,

Compensation, and Liability Act; and the Clean Air Act

In accordance with Departmental Policy, 28 CFR 50.7, notice is

hereby given that a proposed Consent Decree in United States v. Borden

Chemicals and Plastics Operating Limited Partnership, et al., Civ.

Action Nos. 94-440-A-2 and 94-2592-A-M2, was lodged in the United

States District Court for the Middle District of Louisiana on April 9,

1998. The proposed Consent Decree resolves the United States' claims in

Civil Action No. 94-2592-A-M2 for injunctive relief and civil penalties

against defendants Borden Chemicals and Plastics Operating Limited

Partnership and Borden Chemicals and Plastics Management, Inc.

(hereafter referred to as ``Borden''), brought pursuant to the Resource

Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6901 et seq., the

Comprehensive Environmental Response, Compensation and Liability Act

(``CERCLA''), 42 U.S.C. 9601 et seq., and the Clean Air Act (``CAA''),

42 U.S.C. 7401 et seq. The proposed Consent Decree also resolves

Borden's Complaint in Civil Act No. 94-440-A-2 against the United

States seeking declaratory judgment. The United States' claims arose

from the release of hazardous wastes and constituents into soil and

groundwater at Borden's Geismar, Louisiana facility and involved RCRA

permitting requirements, as well as violations under the CAA for

failing to limit urea emissions and failing to immediately report

releases of hazardous substances under CERCLA.

Under the terms of the Consent Decree, Borden will: (1) Pay a civil

penalty in the sum of $3.6 million; (2) perform a facility wide

corrective action under RCRA; (3) commence interim measures of

investigation and remediation, if necessary, in the Norco Aquifer, the

shallow groundwater zones, the ``S'' zone and eight other soil and

groundwater areas of the facility; (4) apply for a RCRA permit for

Borden's VCR Unit and any other RCRA-regulated Unit; (5) decommission

the underground injection wells at the facility; and (6) set aside

$400,000 to fund community based programs consisting of equipment

donations to local emergency response units and funding for a technical

center for the dissemination of information related to environmental

decision making and citizen participation.

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

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

the proposed Consent Decree. Comments should be addressed to the

Assistant Attorney General for the Environment and Natural Resources

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

refer to United States v. Borden Chemicals and Plastics Operating

Limited Partnership, et al., Civ. Action Nos. 94-440-A-2 and 94-2592-A-

M2, DOJ # 90-11-2-875.

The proposed Consent Decree may be examined at the Office of the

United States Attorney, Middle District of Louisiana, Russell B. Long

Federal Building, 777 Florida Street, Suite 208, Baton Rouge, Louisiana

70801; at the Region VI Office of the U.S. 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,

(202) 624-0892. Copies of the Consent Decree 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 $29.25 (25 cents per page reproduction costs)

payable to the Consent Decree Library.

Bruce S. Gelber,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 98-10110 Filed 4-15-98; 8:45 am]

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