[Federal Register Volume 60, Number 118 (Tuesday, June 20, 1995)]
[Notices]
[Pages 32167-32168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14956]



-----------------------------------------------------------------------


DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, as 
Amended

    In accordance with Departmental policy, 28 C.F.R. 50.7 and pursuant 
to section 122 of the Comprehensive Environmental Response, 
Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9622, notice is 
hereby given that a proposed Amendment to Consent Decree in United 
States v. Agrico Chemical Company, et al., Civil Action No. 93-23-C, 
was lodged on May 30, 1995, with the United States District Court for 
the Northern District of Florida, Pensacola Division. The Amendment to 
Consent Decree modifies the Consent Decree entered by the Court on May 
4, 1994, regarding an action brought under Sections 106 and 107 of the 
Comprehensive Environmental Response, Compensation and Liability Act, 
42 U.S.C. 9606 and 9607, for implementation of Remedial Action and 
recovery of response costs incurred and to be incurred by the United 
States at Operable Unit One of the Agrico Chemical Superfund Site in 
Pensacola, Florida. This amendment requires implementation of Remedial 
Design and Remedial Action and recovery of response costs incurred and 
to be incurred by the United States at Operable Unit Two of the Agrico 
Chemical Superfund Site in Pensacola, Florida.
    This case concerns a former fertilizer manufacturing facility at 
the intersection of Interstate 110 and Fairfield Drive in Pensacola, 
Florida, [[Page 32168]] known as the Agrico Chemical Company Superfund 
Site (the ``Site'').
    Defendants Agrico Chemical Company, a division of Freeport-MacMoRan 
Resource Partners Limited Partnership, and Conoco, Inc., a wholly owned 
subsidiary of E.I. DuPont de Nemours and Company, Inc., (collectively, 
the ``Settling Defendants'') have agreed in the proposed Amendment to 
Consent Decree to pay the United States $351,234.45 for past response 
costs incurred at the Site, as well as all future response costs 
incurred by the United States in connection with this Site, including 
costs of overseeing the implementation of the Remedial Design and 
Remedial Action of Operable Unit Two. The Settling Defendants have also 
agreed to implement the remedy selected by EPA for the Site. EPA issued 
the Record of Decision (``ROD'') for Operable Unit Two on August 18, 
1994. The selected remedy provides for natural attenuation of the 
groundwater contamination, in conjunction with Operable Unit One (which 
will prevent further contaminant loading to the groundwater), combined 
with institutional controls to restrict new wells, comprehensive 
groundwater monitoring, surface-water monitoring of Bayou Texar, and 
plugging and abandoning any impacted irrigation wells. The estimated 
present value of the selected remedy for Operable Unit Two is $1.7 
million. The ROD also provides for a contingency remedy. If, in the 
future, fluoride levels in nearby public water supply wells exceed 
Florida's secondary drinking water standard of 2 mg/l, EPA will decide 
whether wellhead treatment or well replacement is needed. The estimated 
costs of the contingency remedy are $1 million for well replacement and 
$21 million for wellhead treatment.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed Amendment to Consent Decree. Comments should be addressed to 
the Assistant Attorney General for the Environment and Natural 
Resources Division, Department of Justice, Washington, DC 20530, and 
should refer to United States v. Agrico Chemical Company, et al., DOJ 
Ref. #90-11-2-863.
    The proposed Amendment to Consent Decree may be examined at the 
Office of the United States Attorney, Northern District of Florida, 114 
East Gregory Street, Pensacola, Florida; the Office of the United 
States Environmental Protection Agency, Region IV, 345 Courtland 
Street, N.E., Atlanta, Georgia; and at the Consent Decree Library, 1120 
G Street NW., 4th Floor, Washington, DC 20005, (202) 624-0892. A copy 
of the proposed Amendment to Consent Decree may be obtained in person 
or by mail from the Consent Decree Library, 1120 G Street NW., 4th 
Floor, Washington, DC 20005. In requesting a copy, please refer to the 
referenced case and enclose a check in the amount of $38.75 (25 cents 
per page reproduction costs), payable to the Consent Decree Library for 
a copy of the Amendment to Consent Decree with attachments (ROD and 
Statement of Work) or a check in the amount of $4.25, for a copy of the 
proposed Amendment to Consent Decree without those attachments.
Bruce S. Gelber,
Acting Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 95-14956 Filed 6-19-95; 8:45 am]
BILLING CODE 4410-01-M