Notice of Lodging of Consent Decree Amendment Pursuant to CERCLA

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Amendment Pursuant to CERCLA

In accordance with Department policy, 28 CFR 50.7, notice is hereby

given that on November 5, 1998, a proposed First Amendment to Consent

Decree in United States v. Beazer East, Inc., (S.D. TX.) (Civil No. H-

90-2406), was lodged with the U.S. District Court for the Southern

District of Texas, pursuant to Sections 106 and 107 of the

Comprehensive Environmental Response, Compensation and Liability Act

(``CERCLA''), 42 U.S.C. Secs. 9606 and 9607. The proposed First

Amendment to Consent Decree provides for a change in the remedy

selected by the U.S. Environmental Protection Agency, (``EPA'') for the

South Calvacade Site (the ``Site''). On March 14, 1991, the Court

entered the original Consent Decree in this case under which Beazer

East, Inc. (``Beazer'') agreed to reimburse response costs incurred by

EPA in connection with the Site, located in northeast Houston, Texas,

and to implement the final plan for remedial action selected by EPA,

embodied in the Record of Decision (``ROD''). The original ROD called

for excavation and ``washing'' of contaminated soils. In June 1997, EPA

amended the ROD as it pertains to the soil portion of the remedy, and

selected instead a reinforced concrete cap to be constructed over

contaminated soils at the Site. The groundwater portion of the remedy,

which calls for activated carbon adsorption, remains unchanged. The

proposed First Amendment to Consent Decree incorporates by reference

EPA's Amended ROD.

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

days from the date of this publication comments concerning the proposed

First Amendment to 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 United States v. Beazer East, Inc., D.J. ref. 90-11-2-

535.

The proposed First Amendment to Consent Decree may be examined at

the Office of the United States Attorney for the Southern District of

Texas, 515 Rusk Street, 5th Floor, Houston, Texas 77002 and at the

Consent Decree Library, 1120 G Street, N.W., 3rd Floor, Washington,

D.C. 20005. A copy of the proposed First Amendment to Consent 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 $20.75 ($0.25 per page for

reproduction costs) payable to: Consent Decree Library.

Joel Gross,

Chief, Environmental Enforcement Section, Environment & Natural

Resources Division.

[FR Doc. 98-32031 Filed 12-1-98; 8:45 am]

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