[Federal Register Volume 76, Number 210 (Monday, October 31, 2011)]
[Notices]
[Page 67209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28045]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act and the Texas 
Solid Waste Disposal Act

    Notice is hereby given that on October 24, 2011, a proposed Consent 
Decree in United States of America v. Hercules Incorporated and 
Rockwell Automation, Inc., Civil Action No. 6:11-cv-00267-WSS was 
lodged with the United States District Court for the Western District 
of Texas.
    In this action the United States brought suit against Hercules 
Incorporated and Rockwell Automation, Inc.(collectively, 
``Defendants''), under the Comprehensive Environmental Response, 
Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9601-9675, and 
the Texas Solid Waste Disposal Act, Texas Health & Safety Code Ann. 
Sec. Sec.  361.001 to 361.966 (hereafter citations to this statute will 
be in the form ``TSWDA Sec.  361.xxx''), for recovery of response costs 
incurred, and to obtain a declaratory judgment as to liability for 
response costs to be incurred, for responding to the releases and 
threatened releases of solid wastes and hazardous substances at and 
from the Naval Weapons Industrial Reserve Plant in McGregor, Texas 
(``NWIRP McGregor'') and the adjacent areas where such solid wastes and 
hazardous substances have come to be located (collectively, the ``NWIRP 
McGregor Site''). The Consent Decree requires Defendants to pay to the 
United States $14,000,000. The Consent Decree also includes a finding 
that Settling Defendants are entitled to protection from contribution 
actions or claims as provided by CERCLA Section 113(f)(2), 42 U.S.C. 
9613(f)(2), for ``matters addressed'' in the Consent Decree. With 
certain exceptions, the Consent Decree defines ``matters addressed'' in 
the Consent Decree to be all response actions taken or to be taken and 
all response costs incurred or to be incurred, at or in connection with 
the NWIRP McGregor Site, by the United States or any other person. In 
addition, Defendants agree to forgo any claims against the United 
States arising under Federal Contracts and related to ``matters 
addressed'' in the Consent Decree. Under the Consent Decree, the United 
States covenants not to sue or to take administrative action against 
Settling Defendants pursuant to CERCLA Sections 106 and 107(a), 42 
U.S.C. 9606 and 9607(a), and TSWDA Sec.  361.344, with regard to the 
NWIRP McGregor 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 emailed to 
[email protected] or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
U.S. v. Hercules Incorporated, D.J. Ref. 90-11-3-08465/1.
    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 by mail from the Consent Decree Library, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611 or by 
faxing or emailing a request to Tonia Fleetwood 
([email protected]), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. If requesting a copy from the Consent Decree 
Library by mail, please enclose a check in the amount of $5.50 (25 
cents per page reproduction cost) payable to the U.S. Treasury or, if 
requesting by email or fax, forward a check in that amount to the 
Consent Decree Library at the address given above.

Maureen M. Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2011-28045 Filed 10-28-11; 8:45 am]
BILLING CODE 4410-15-P