[Federal Register Volume 67, Number 80 (Thursday, April 25, 2002)]
[Notices]
[Pages 20550-20551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10121]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that on March 25, 2002 a proposed Partial Consent Decree 
in United States v. Pharmacia Corporation (p/k/a Monsanto Company) and 
Solutia, Inc., Civil Action No. CV-02-PT-0749-E was lodged with the 
United States District Court for the Northern District of Alabama.
    In this action the United States alleges that Pharmacia Corporation 
and Solutia, Inc. (``Defendants'') are liable under the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA), for 
injunctive relief in connection with the release of hazardous 
substances from the Defendants' manufacturing facility located in 
Anniston, Alabama into the environment. The United States further 
alleges that the Defendants are liable for reimbursing the United 
States for all future response costs incurred in connection with the 
Anniston PCB Site.
    This Partial Consent Decree (hereinafter ``Decree'') requires the 
Defendants to provide, in accordance with federal regulations, 
standards and guidelines, for a thorough assessment of contamination in 
and around Annistan, Alabama and to determine the risks that such 
contamination may pose to public health and the environment. This 
process is called the Remedial Investigation. In addition, the proposed 
Decree requires the Defendants to identify methodologies for cleanup of 
the contamination so as to provide the necessary protection of public 
health an the environment. This process is called the Feasibility 
Study. Ultimately, from this process, the U.S. Environmental Protection 
Agency (``EPA'') will select the appropriate cleanup to ensure 
protection of public health and the environment. The costs for the 
Remedial Investigation and Feasibility Study (``RI/FS'') will be borne 
by the Defendants.
    Under the proposed Decree, the Defendants will undertake 
implementation of the RI/FS. The RI/FS includes the Defendants' 
manufacturing facility and all areas where contamination has migrated 
from the facility.
    In addition, the Decree requires the Defendants to provide over 
$3.2 million in funding to an education trust fund. The trust fund is 
created under the proposed Decree for the purpose of providing special 
education, tutoring, or other supplemental educational services for 
children of west Anniston that have learning disabilities or otherwise 
need additional educational services.
    Under the Decree, the Defendants will be required to reimburse the 
United States for all future oversight costs.
    Additionally, the Decree requires the Defendants to provide funding 
for a Technical Assistance Plan (``TAP''). The purpose of the TAP is to 
provide technical assistance to the community so that the community can 
play a meaningful role in the RI/FS process.
    Notice of the Decree was published on April 5, 2002 at 67 Federal 
Register at page 16124. However, the publication contained an error in 
that it stated that the settlement was under the Clean Air Act. The 
Department of Justice will receive for a period of sixty (60) days from 
the April 5, 2002 publication comments relating to the proposed Decree. 
Comments should be addressed to the Assistant Attorney General for the 
Environment and Natural Resources Division, U.S. Department of Justice, 
P.O. Box 7611, Washington, DC 20044, and should refer to United States 
v Pharmacia Corporation (p/k/a Monsanto Company and Solutia, Inc., D.J. 
Ref. 90-11-2-07135/1.
    The proposed Partial Consent Decree may be examined at the Office 
of the United States Attorney, Northern District of Alabama, 1801 4th 
Avenue, North, Birmingham, Alabama 35203; and at Region 4, Office of 
the Environmental Protection Agency,

[[Page 20551]]

Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303. 
A copy of the proposed Partial Consent Decree may be obtained by mail 
from the Department of Justice Consent Decree Library, P.O. Box 7611, 
Washington, DC 20044. In requesting a copy, please enclose a check in 
the amount of $6.25 (without exhibits), $41.50 (with exhibits) (25 
cents per page reproduction cost) payable to the Treasurer of the 
United States.

Ellen M. Mahan,
Assistant Section Chief, Environment and Natural Resources Division.
[FR Doc. 02-10121 Filed 4-24-02; 8:45 am]
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