[Federal Register Volume 69, Number 170 (Thursday, September 2, 2004)]
[Notices]
[Page 53736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19979]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response Compensation and Liability Act, the Clean Water 
Act, and the Oil Pollution Act

    In accordance with 28 CFR 50.7 and section 122 of the Comprehensive 
Response, Compensation and Liability Act (``CERCLA''), 42 U.S.C. Sec.  
9622, notice is hereby given that on August 20, 2004, a proposed 
consent decree in United States and State of Indiana v. Atlantic 
Richfield Company; ARCO Environmental Remediation, L.L.C.; BP Products 
North America Inc.; E.I. du Pont De Nemours and Company; Exxon Mobil 
Corporation; GATX Corporation; Georgia-Pacific Corporation; Ispat 
Inland Inc.; and United States Steel Corporation, No. 2:04CV348 (N.D. 
Ind.), was lodged with the United States District Court for the 
Northern District of Indiana.
    In the complaint, the United States and the State of Indiana, 
pursuant to the Comprehensive Environmental Response, Compensation, 
land Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. Sec.  
9601, et seq., the Federal Water Pollution Control Act, 33 U.S.C. Sec.  
1251 et seq., commonly known as the Clean Water Act (``CWA''), and the 
Oil Pollution Act (``OPA''), 33 U.S.C. Sec.  2701 et seq., seek 
declaratory relief, response costs and damages for injury to, 
destruction of, or loss of natural resources belonging to, managed by, 
held in trust by, controlled by or appertaining to the United States 
and the State of Indiana, as trustees for those resources, including 
the costs of assessing such injury, resulting from releases and/or 
threat of releases of hazardous substances, and discharges and/or 
substantial threats of discharges of oil, into or within the Grand 
Calumet River and/or the Indiana Harbor Canal, comprising a portion of 
the Grand Calumet River/Indiana Harbor Canal Site in northwest Indiana.
    Under the proposed consent decree, the Defendants will pay 
$53,653,000 toward restoration of the natural resources, and a total of 
$2.7 million to the United States Department of the Interior and the 
Indiana Department of Environmental Management to reimburse them for 
their costs of conducting natural resource damage assessments, and 
convey to the State 233 acres of habitat that will be protected.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed consent decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States, et al. v. Atlantic Richfield, et al., No. 
2:04CV348 (N.D. Ind.), and D.J. Ref. 90-11-3-1683. Commenters may 
request an opportunity for a public meeting in the affected area, in 
accordance with Section 7003(d) of Resource Conservation Recovery Act, 
42 U.S.C. Sec.  6973(d).
    The proposed consent decree may be examined at: (1) The Office of 
the United States Attorney for the Northern District of Indiana, 5400 
Federal Plaza, Suite 1500, Hammond, Indiana 46320 (contact Asst. U.S. 
Attorney Wayne Ault (219-937-5500)); (2) the offices of the U.S. Fish 
and Wildlife Service, 620 S. Walker St., Bloomington, Indiana 47403 
(contact Daniel Sparks (812-334-4261)); (3) Indiana Department of 
Environmental Management Northwest Regional Office, 8315 Virginia 
Street, Suite 1, Merrillville, Indiana 46410 (Office Hours: 8:15-4:45) 
(contact Malani Goel, Director (219-757-0265 or 888-209-8892 toll free 
in Indiana)); and (4) U.S. EPA Region 5, 7th Floor Records Center, 77 
West Jackson Blvd., Chicago, Illinois 60604 (contact Assoc. Regional 
Counsel Richard Nagle (312-353-8222)).
    During the public comment period, the proposed consent decree may 
also be examined on the following Department of Justice Web site, 
http://www.usdoj.gov/enrd/open.html. A copy of the proposed consent 
decree may also be obtained by mail from the Consent Decree Library, 
P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611 or 
by faxing or e-mailing a request to Tonia Fleetwood 
([email protected]), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $17.25 (25 cents per 
page reproduction cost) payable to the U.S. Treasury.

William Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 04-19979 Filed 9-1-04; 8:45 am]
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