Notice of Extension of Time for Comments Relating to the Lodging of a Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act

DEPARTMENT OF JUSTICE

Notice of Extension of Time for Comments Relating to the Lodging

of a Consent Decree Pursuant to the Comprehensive Environmental

Response, Compensation and Liability Act

Notice is hereby given of an extension of time under which the

Department of Justice will receive comments relating to the proposed

Consent Decree in United States v. Bay Chemical Company, et al., Civil

Action No. C99-5521RJB. The proposed Consent Decree was lodged with the

United States District Court for the Western District of Washington on

October 5, 1999 and previously noticed in the Federal Register on

October 26, 1999. The earlier noticed comment period would have expired

on November 25, 1999, but comments will now be considered if received

by December 9, 1999.

The complaint in this action seeks to recover, pursuant to Section

107 of the Comprehensive Environmental Response, Compensation, and

Liability Act (``CERCLA''), 42 U.S.C. 9607 response costs incurred and

to be incurred by the U.S. Environmental Protection Agency (``EPA'') in

the Hylebos Waterway Problem Areas in Operable Unit 1 (``OU1'') of the

Commencement Bay Nearshore/Tideflats Superfund Site (hereinafter ``the

Site'') located in Tacoma, Washington. The defendants include owners

and operators of properties within two problem areas of one of the nine

operable units at the Site.

The proposed Consent Decree embodies an agreement with seventeen

potentially responsible parties (``PRPs'') pursuant to Section 107 of

CERCLA, 42 U.S.C. 9607, to pay approximately $762,880 in past and

future response costs associated with the Hylebos Waterway Problem

Areas of OU1 of the Site. The above-described payments include a

premium to be paid by each settling party to offset the risks that

actual future response costs will exceed current estimates.

The Consent Decree provides the settling defendants with releases

for civil liability for response costs under Sections 106 and 107 of

CERCLA relating to the Hylebos Waterway Problem Areas of OU1 of the

Site. The Consent Decree explicitly reserves the United States' claims

for response costs associated with other operable units and problem

areas of the Site, natural resource damages, and other potential United

States' claims.

Comments should be addressed to the Assistant Attorney General for

the Environment and Natural Resources Division, Department of Justice,

P.O. Box 7611, Washington, D.C. 20044-7611, should refer to United

States v. Bay Chemical Company, et al., DOJ Ref. No. 90-11-2-06010, and

should be received by December 9, 1999.

The proposed consent decree may be examined at the Office of the

United States Attorney, 3600 Seafirst Plaza, 800 5th Avenue, Room 3601,

Seattle, WA 98104, and the Region X Office of the Environmental

Protection Agency, Region X Records Center, 1200 Sixth Avenue, Seattle,

Washington 98101. A copy of the proposed consent decree may be obtained

by mail from the Consent Decree Library, U.S. Department of Justice,

Environmental Enforcement Section, Post Office Box 7611, Washington,

D.C. 20044. In requesting a copy, please refer to the referenced case

and enclose a check in the amount of $175.00 (25 cents per

[[Page 68702]]

page reproduction costs), payable to the Consent Decree Library.

Joel Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 99-31787 Filed 12-7-99 8:45 am]

BILLING CODE 4410-15-M