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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation and Liability Act and Resource

Conservation and Recovery Act

In accordance with Departmental policy, 28 CFR 50.7, and 42 U.S.C.

9622(d)(2), notice is hereby given that on November 9, 1999, a proposed

consent decree in United States v. N.L. Industries, et al. C.A. No. 91-

CV578-JLF (S.D. Ill.), was lodged with the United States District Court

for the Southern District of Illinois. The proposed consent decree

would resolve pending claims of the United States against certain

defendants in the above-referenced action (Johnson Controls, Inc.,

Lucent Technologies, Inc., Exide Corporation, AlliedSignal, Inc., G & B

Technology, and General Battery, Inc.) (``Settling Defendants''). The

proposed Consent Decree would not resolve pending claims against

defendants NL Industries, Inc., Ace Scrap Metal Processors, Inc. and

St. Louis Lead Recyclers.

The above-referenced civil action, which relates to the NL

Industries/Taracorp Superfund Site located in Granite City, Madison,

and Venice, Illinois (``the Site''), was commenced by the United States

in July 1991. The Compliant sought injunctive relief requiring the

performance of remedial actions at the Site in accordance with an

Administrative Order issued by U.S. EPA pursuant to Section 106 of

CERCLA, 42 U.S.C. 9606, recovery of response costs incurred and to be

incurred by the United States at the Site, and civil penalties and

punitive damages for the defendant's failure to comply with the

Administrative Order.

The proposed consent decree would require the Settling Defendants

to: complete the remedial action selected by the Environmental

Protection Agency (``EPA'') for the Site; pay to the EPA Hazardous

Substance Superfund $8,970,000 in reimbursement of past response costs,

as well as 50% of $1,420,000 in unresolved response costs currently

subject to audit that are deemed proper and correct by the audit and

approved by EPA; pay ``Future Response Costs,'' including costs of

overseeing response actions at the Site; pay to the EPA Hazardous

Substance Superfund a civil penalty of $400,000 for failure to comply

with EPA's Administrative Order; and complete a supplemental

environmental project consisting of conducting a lead paint abatement

program in Madison County, for a total expenditure of not less than

$2,000,000.

Under the proposed Consent Decree, the United States would provide

the Settling Defendants a covenant not to sue under Sections 106 and

107(a) of CERCLA and Section 7003 of the Resource Conservation and

Recovery Act (``RCRA''), 42 U.S.C. Sec. 6973, for the Site, subject to

certain reservations and reopeners.

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 Decree. Comments should be addressed to the Assistant

Attorney General for the Environment and Natural Resources Division,

United States Department of Justice, P.O. Box 7611, Ben Franklin

Station, Washington, DC 20044-7611, and should refer to United States

v. N.L. Industries, et al., C.A. No. 91-CV578-JLF (S.D. Ill.), and the

Department of Justice Reference No. 90-11-3-608A. Interested persons

may also request an opportunity for a public hearing in the affected

area, in accordance with Section 7003(d) of RCRA, 42 U.S.C.

Sec. 6973(d), by contacting Larry Johnson (EPA Region 5) at (312) 886-

6609.

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

United States Attorney for the Southern District of Illinois, Nine

Executive Drive, Suite 300, Fairview Heights, IL 62208, and the Region

5 Office of the United States Environmental Protection Agency, 77 West

Jackson Boulevard, Chicago, Illinois 60604-3590. A copy of the proposed

Consent Decree may be obtained by mail from the Consent Decree Library,

P.O. Box 7611, Ben Franklin Station, Washington, DC 20044-7611. In

requesting a copy, please refer to DJ #90-11-3-608A, and enclose a

check in the amount of $24.25 (97 pages at 25 cents per page for

reproduction costs) if requesting the consent decree only or $354.00

(1,418 pages at 25 cents per page for reproduction costs) if requesting

the consent decree and all appendices. Make checks payable to the

Consent Decree Library.

Joel M. Gross, Chief

Environmental Enforcement Section, Environment and Natural Resources

Division.

[FR Doc. 99-31242 Filed 12-1-99; 8:45 am]

BILLING CODE 4410-15-M