[Federal Register Volume 69, Number 246 (Thursday, December 23, 2004)]
[Notices]
[Page 76957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28047]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decrees Under the Comprehensive 
Environmental Response, Compensation and Liability Act (``CERCLA'') and 
the Clean Water Act (``CWA'')

    Under Section 122(d)92) of CERCLA, 42 U.S.C. 9622(d)(2), and 28 CFR 
50.7, notice is hereby given that on December 10, 2004, proposed 
Consent Decrees in United States v. Alcoa, Inc., Civil Action No. 6:04-
cv-00119, were lodged with the United States District Court for the 
Southern District of Texas.
    In this action the United States and the State of Texas sought 
injunctive relief, costs, and natural resource damages pursuant to the 
Comprehensive Environmental Response, Compensation and Liability Act 
(``CERCLA'') and the Clean Water Act (``CWA'') and the regulations 
promulgated thereunder. The Alcoa facility is located in Point Comfort, 
Calhoun County, Texas.
    Under the Consent Decree for CERCLA Response Actions and Response 
Costs, Alcoa Inc. and Alcoa World Alumina L.L.C. will operate a 
groundwater recovery system at a former chlorine-alkali plant, dredge 
mercury-contaminated sediments, and cap portions of the Plant and 
monitor sediments and fish to confirm the recovery of sediment and fish 
tissue to acceptable levels. The companies also will pay past costs of 
$404,726 to the United States and $100,000 to Texas. The companies also 
agreed to pay the governments' future costs.
    Under the Consent Decree for Natural Resource Damages, Alcoa Inc. 
and Alcoa World Alumina L.L.C. will construct new fishing piers at Six 
Mile Park, Point Comfort Park, and Bayfront Peninsula; replace an 
existing auxiliary boat ramp and construct a new timber dock at Six 
Mile Park; modify an existing jetty at Magnolia Beach; and construct a 
new timber dock at Six Mile Park and at Lighthouse Beach. The companies 
also will construct a 10.9-acre oyster reef at an estimated cost of $1 
million and will create a 69.3-acre intertidal marsh at an estimated 
cost of $10 million. In addition, the companies will arrange for the 
conveyance to the United States of approximately 729 acres of property, 
which is adjacent to the Aransas National Wildlife Refuge, for 
inclusion into the Refuge after the marsh restoration project has been 
completed. The companies will pay about $800,000 in additional past 
costs, plus $195,000 for future costs that the federal and state 
trustees expect to incur.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decrees. 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 v. Alcoa Inc., D.J. Ref. Nos. 90-11-3-655/1 and 90-11-
3-655/2. 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).
    The Consent Decrees may be examined during the public comment 
period on the following Department of Justice Web site: http://www.usdoj.gov/enrd/open.html. A copy of the Consent Decrees 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 complete copy of the Consent Decrees from the Consent 
Decree Library, please enclose a check in the amount of $215.00 (25 
cents per page reproduction cost) payable to the U.S. Treasury. If only 
one complete Consent Decree is sought, please enclose a check in the 
amount of $178.25 for the Consent Decree for CERCLA Response Actions 
and Response Costs, or $36.75 for the Consent Decree for Natural 
Resource Damages. In requesting a copy of both Consent Decrees, 
exclusive of exhibits and defendants' signatures, please enclose a 
check in the amount of $49.50 (25 cents per page reproduction cost) 
payable to the U.S. Treasury. If only one Consent Decree, without 
exhibits and signatures, is sought, please enclose a check in the 
amount of $35.75 for the Consent Decree for CERCLA Response Actions and 
Response Costs, or $13.75 for the Consent Decree for Natural Resource 
Damages.

Thomas A. Mariani, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 04-28047 Filed 12-22-04; 8:45 am]
BILLING CODE 4410-15-M