[Federal Register Volume 72, Number 197 (Friday, October 12, 2007)]
[Notices]
[Pages 58126-58127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5025]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on September 24, 2007, a proposed 
Consent Decree in United States of America v. Great Lakes Carbon LLC, 
Civil Action No. 3:07-cv-476, (``U.S. v. GLC'') was lodged with the 
United States District Court for the Southern District of Texas. The 
civil action U.S. v. GLC is related to consolidated actions Amoco 
Chemical Co. v. United States of America, Civil Action No. G-96-272 
(S.D. Tx.), (``the Amoco lawsuit'') and Tex Tin Corp. v. United States 
of America, Civil Action No. G-96-247 (S.D. Tx.), (``the Tex Tin 
Lawsuit'').
    The proposed Consent Decree relates to the Tex Tin Superfund Site 
located in Texas City, Galveston County, Texas (``the Site'') at the 
corner of Farm to Market Road 519 and State Highway 146. Metal smelting 
operations, principally for production of tin but also including other 
metal smelting and other production operations, occurred at the Site 
intermittently from approximately 1941 until 1991. Implementation of 
the remedy selected by EPA for the Site is now complete.
    In May 1996, Amoco Chemical Co. (now known as BP Amoco Chemical 
Company and hereinafter referred to as ``BP ACC'') filed the Amoco 
lawsuit pursuant to Sections 107 and 113 of CERCLA, 42 U.S.C. 9607 and 
9613, for recovery of and contribution for CERCLA response costs.
    In October 2003, the Tex Tin Settling Defendants Steering Committee 
filed in the Tex Tin lawsuit a First Amended Third Party Complaint 
pursuant to Sections 107 and 113 of CERCLA, 42 U.S.C. 9607 and 9613, 
for recovery of response costs against seven parties including Great 
Lakes Carbon Corp. and Phelps Dodge Corp. In 2003, Great Lakes Carbon 
Corporation converted to a Delaware Limited Liability Company and 
changed its name to Great Lakes Carbon LLC.
    On September 24, 2007, the United States filed a Complaint in U.S. 
v. GLC against Great Lakes Carbon LLC and Phelps Dodge Corp. 
(collectively ``Settling Defendants'') pursuant to Section 107 of 
CERCLA, 42 U.S.C. 9607, seeking reimbursement of response costs 
incurred or to be incurred for response actions taken or to be taken at 
or in connection with the release or threatened release of hazardous 
substances at the Site.
    Under the proposed Consent Decree, Great Lakes Carbon LLC will pay 
to the United States $150,000 and to the Tex Tin Settling Defendants 
Steering Committee and BP ACC $100,000 and Phelps Dodge Corp. will pay 
to the United States $93,000 and to the Tex Tin Settling Defendants 
Steering Committee and BP ACC $62,000. In the proposed Consent Decree, 
the United States covenants not to sue Settling Defendants under CERCLA 
Sections 106 and 107, 42 U.S.C. 9606 and 9607, in connection with the 
Site. CERCLA Section 113(f)(2), 42 U.S.C. 9613(f)(2), provides that 
contribution protection arises for matters addressed in the proposed 
Consent Decree. The proposed Consent Decree defines the ``matters 
addressed'' as ``all response actions taken or to be taken and all 
response costs incurred or to be incurred, at or in connection with the 
Site, by the United States or any other person.'' Also in the proposed 
Consent Decree, the Tex Tin Settling Defendants Steering Committee and 
BP ACC covenant not to sue and agree not to assert any claims or causes 
of action against Settling Defendants (1) with regard to the Site 
pursuant to Sections 107 and 113 of CERCLA, 42 U.S.C. 9607 and 9613; 
and (2) with regard to any claim arising out of response activities at 
the Site.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, and either e-mailed to 
[email protected] or mailed to P.O. Box 7611, U.S.

[[Page 58127]]

Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. Great Lakes Carbon LLC, D.J. Ref. 90-11-3-1669/4.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Southern District of Texas, 919 Milam, Suite 1500, 
Houston, TX 77002, and at U.S. EPA Region 6, 1445 Ross Avenue, Dallas, 
Texas 75202. During the public comment period, the Consent Decree, may 
also be examined on the following Department of Justice Web site, 
http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Consent 
Decree may also be obtained my 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 by mail, from the Consent 
Decree Library, please enclose a check in the amount of $7.50 (25 cents 
per page reproduction cost) payable to the U.S. Treasury.

Thomas A. Mariani, Jr.,
Assistant Chief, Environmental Enforcement Section, Environmental and 
Natural Resources Division.
[FR Doc. 07-5025 Filed 10-11-07; 8:45 am]
BILLING CODE 4410-15-M