[Federal Register Volume 62, Number 75 (Friday, April 18, 1997)]
[Notices]
[Page 19131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10019]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Amendment to Consent Decree Pursuant to the 
Comprehensive Environmental Response, Compensation and Liability Act 
(CERCLA)

    In accordance with Departmental policy, 28 CFR 50.7, and with 
Section 122 of CERCLA, 42 U.S.C. 9622, notice is hereby given that a 
proposed amendment to a consent decree in United States v. American 
Cyanamid, et al., Civil Action No. 2:93-0654 (S.D.W.V.), was lodged on 
March 31, 1997, with the United States District Court for the Southern 
District of West Virginia. The original consent decree, entered on 
February 19, 1997, resolved claims that we filed under Section 107 of 
the CERCLA, 42 U.S.C. 9607, for past response costs incurred at the 
Fike/Artel Chemical Company Superfund Site, located near Nitro, West 
Virginia. The proposed amendment incorporates limited provisions 
reflecting two settlements with the final two parties in this matter. 
The first settlement is with Shell Chemical Company and Shell Oil 
Company (``Shell''), the last company to settle in this matter. The 
United States will receive $360,000 and the State of West Virginia 
$360,000. These amounts are in addition to those to be paid in a 
private settlement with the Settling Work Defendants in this matter.
    The second settlement involves the United States Department of 
Energy (``DOE'') and Westinghouse Electric Corporation 
(``Westinghouse'') with respect to sodium tanks sent from a 
Westinghouse facility to the Fike/Artel Site. The settlement obligates 
Westinghouse to contribute $110,000 to the Trust cleaning up the Site, 
to pay EPA $25,000, and to pay the State $5,000. The United States, on 
behalf of DOE, will pay the Fike/Artel Site Trust $100,000.
    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 the 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. American Cyanamid, et al., DOJ Ref. 
#90-11-3-706.
    The proposed amendment to the consent decree may be examined at the 
office of the United States Attorney, 500 Quarrier Street, Charleston, 
West Virginia; the Region III Office of the Environmental Protection 
Agency, 841 Chestnut Street, Philadelphia, PA; 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 the 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 $2.00, payable to the Consent Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 97-10019 Filed 4-17-97; 8:45 am]
BILLING CODE 4410-15-M