[Federal Register Volume 64, Number 120 (Wednesday, June 23, 1999)]
[Notices]
[Pages 33515-33516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16021]
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DEPARTMENT OF JUSTICE
Lodging of a Consent Decree Pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act and the
Resource Conservation and Recovery Act
Notice is hereby given that a proposed consent decree in United
States v. Tucson Airport Authority, et al., Civil No. CIV-99-313-TUC-
WDB, was lodged on June 17, 1999, with the United States District Court
for the District of Arizona (``Airport Property Decree''). The proposed
Airport Property Decree would resolve claims under Sections 106 and 107
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, 42 U.S.C. 9607, 9607, as amended, and Section
7003 of the Resource Conservation and Recovery Act, 42 U.S.C. 6973,
brought against defendants Tucson Airport Authority, the City of
Tucson, General Dynamics Corporation and McDonnell Douglas Corporation
(collectively ``Defendants''), to compel performance of response
actions and to recover response costs incurred and to be incurred by
the Environmental Protection Agency in connection with the release and
threatened release of hazardous substances at a portion of the Tucson
International Airport Area Superfund Site known as the Airport
Property.
The proposed Airport Property Decree would resolve the liability of
the Defendants with respect to the Airport Property. The proposed
Airport Property Decree would release claims against the Defendants for
performance of the remedy selected in the Record of Decision entitled
``Tucson International Airport Area Superfund Site, Tucson, Arizona,
Airport Property Soils and Shallow Groundwater Zone, Burr-Brown
Property Soils, Former West-Cap Property Soils'' signed by the
Environmental Protection Agency on September 30, 1997. The proposed
Airport Property Decree would also release claims for response costs
incurred and to be incurred by the Environmental Protection Agency in
responding to releases and threatened releases of hazardous substances
at and from the Airport Property. To resolve these claims, the
Defendants collectively would perform the remedy selected in the 1997
ROD, would pay $1,719,771.23 to the Hazardous Substances Superfund to
reimburse the United States for Past Response Costs, and would
reimburse the United States for all Interim and Future Response Costs.
The proposed Airport Property Decree includes a covenant not to sue
by the United States under Sections 106 and 107 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, 42
U.S.C. 9606 and 9607, and under Section 7003 of the Resource
Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973.
The United States also lodged on June 17, 1999, a proposed
modification to a consent decree entered on June 5, 1991, in United
States v. Tucson Airport Authority, et al., D. Ariz., Civ. No. 90-587-
TUC-RMB (``TARP Decree''). In return for a single, unallocated payment
of $35 million to Tucson Airport
[[Page 33516]]
Authority, the United States Department of the Air Force would receive
a covenant not to take administrative action from the United States
Environmental Protection Agency under the proposed Airport Property
Decree, and would effect Final Settlement under the TARP Decree. The
proposed modification to the TARP Decree is lodged with the Court in
order to allow the public to evaluate the Environmental Protection
Agency's covenant not to take administrative action against the
Department of the Air Force under the proposed Airport Property Decree.
The Department of Justice will receive, for a period of thirty (30)
days from the date of this publication, comments relating to the
proposed Airport Property Decree. Commenters may request an opportunity
for a public meeting in the affected area, in accordance with Section
7003(d) of RCRA, 42 U.S.C. 6973(d). Comments should be addressed to the
Assistant Attorney General for the Environmental and Natural Resources
Division, Department of Justice, Washington, DC 20530, and should refer
to United States v. Tucson Airport Authority, et al., D. Ariz, Civil
No. CIV-99-313-TUC-WDB, DOJ Ref. #90-11-3-369/2.
The Airport Property Decree and the modification to the TARP Decree
may be examined at the office of the United States Attorney, District
of Arizona, 110 S. Church Avenue, Suite 8310, Tucson, Arizona 85701;
the Region 9 Office of the Environmental Protection Agency, 75
Hawthorne Street, San Francisco, California 94105; and at the Consent
Decree Library, 1120 G Street, NW, 3rd Floor, Washington, DC 20005,
(202) 624-0892. A copy of the proposed Airport Property Decree and
modification to the TARP Decree may be obtained in person or by mail
from the Consent Decree Library, 1120 G Street, NW, 3rd Floor,
Washington, DC 20005. In requesting copies please refer to the
referenced case and enclose a check in the amount of $80.25 for the
Airport Property Decree and $8.25 for the modification to the TARP
Decree (25 cents per page reproduction costs), payable to the Consent
Decree Library.
Joel Gross,
Chief, Environmental Enforcement Section, Environmental and Natural
Resources Division.
[FR Doc. 99-16021 Filed 6-22-99; 8:45 am]
BILLING CODE 4410-15-M