[Federal Register Volume 61, Number 234 (Wednesday, December 4, 1996)]
[Notices]
[Page 64368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30893]


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DEPARTMENT OF JUSTICE

Notice of Lodging; Second Modification of the Partial Consent 
Decree on Remediation Between United States, State of New York and 
Occidental Chemical Corporation Pursuant to the Comprehensive 
Environmental Response, Compensation and Liability Act

    In accordance with Departmental policy, 28 CFR Sec. 50.7, 38 Fed. 
Reg. 19029, and Section 122(d) of the Comprehensive Environmental 
Response, Compensation and Liability Act, as amended (CERCLA), 42 
U.S.C. Sec. 9622(d), notice is hereby given that on November 15, 1996, 
a proposed Second Modification of the Partial Consent Decree on 
Remediation between United States, State of New York and Occidental 
Chemical Corp. was lodged with the United States District Court for the 
Western District of New York in United States v. Occidental Chemical 
Corporation, et al. (Love Canal), Civil Action No. 79-990(JTC).
    The Love Canal litigation was commenced in 1979 seeking injunctive 
relief and cost recovery in connection with the disposal by Occidental 
of hazardous substances at the Love Canal Landfill Site near Niagara 
Falls, New York. On March 19, 1996, the Court entered a Consent Decree 
pursuant to which the United States will recover a total of $137 
million (plus interest) in response costs incurred in connection with 
the Site. On July 1, 1994, the Court approved a Consent Judgment 
between New York State and Occidental under which Occidental agreed, 
inter alia, to perform operation and maintenance (O&M) of the remedy at 
the Site and to pay $98 million in settlement of the State's claim. The 
instant Decree will not affect either of these prior settlements.
    The Second Modification modifies the Partial Consent Decree on 
Remediation (PCD), which was previously entered on September 20, 1989. 
Under the original PCD, all wastes from the Love Canal site were to be 
incinerated. Subsequent regulations provide that certain wastes with 
low levels of toxicity can be landfilled at licensed facilities. The 
Second Modification to the PCD would, upon entry by the Court, 
authorize Occidental to landfill some Love Canal wastes in accordance 
with applicable regulations and incinerate remaining wastes. The Second 
Modification will retain the standards for thermal destruction 
contained in the original Decree. These standards are more stringent 
than are otherwise required under current regulations. These changes 
are described in greater detail in the Explanation of Significant 
Differences (ESD), which was prepared by the United States 
Environmental Protection Agency (EPA), and which accompanies, and is a 
part of, the Second Modification. The instant Decree, if approved by 
the Court, will resolve all outstanding remedial issues in the Love 
Canal litigation.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the Decree 
Modification. Comments should be addressed to the Assistant Attorney 
General of the Environment and Natural Resources Division, Department 
of Justice, Washington, D.C. 20530, and should refer to United States 
v. Occidental Chemical Corporation, D.J. Ref. 90-5-1-1-1229.
    The proposed Decree Modification may be examined at the Office of 
the United States Attorney, Western District of New York at Federal 
Centre, 138 Delaware Avenue, Buffalo, New York 14202; the offices of 
EPA--Region II at 290 Broadway, New York, New York 10007-1866; and at 
the Consent Decree Library at 1120 G Street, N.W., 4th Floor, 
Washington, D.C. 20005, (202) 624-0892. A copy of the proposed Decree 
Modification 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 enclosed a check in the amount of $5.50 
(25 cents per page reproduction cost) payable to the Consent Decree 
Library.
Bruce S. Gelber,
Principal Deputy Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 96-30893 Filed 12-3-96; 8:45 am]
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