[Federal Register Volume 77, Number 42 (Friday, March 2, 2012)]
[Notices]
[Pages 12880-12881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5074]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Agreement and Order Regarding Modification 
of Consent Decree as to ARCO Chemical Company and Atlantic Richfield 
Company Under the Comprehensive Environmental Response, Compensation, 
and Liability Act

    Notice is hereby given that on February 27, 2012, a proposed 
Agreement and Order Regarding Modification of Consent Decree as to ARCO 
Chemical Company and Atlantic Richfield Company (``Consent Decree 
Modification'') in United States v. Lang, Civil Action No. 1:94CV57, 
was lodged with the United States District Court for the Eastern 
District of Texas.
    This action was originally filed on January 28, 1994 by the United 
States of America (``United States'') under Comprehensive Environmental 
Response, Compensation, and Liability Act (``CERCLA'') Section 107, 42 
U.S.C. 9607, seeking (1) reimbursement of costs (plus accrued interest) 
incurred by the United States for response actions at the Turtle Bayou 
Superfund Site (also known as the Petro-Chemical Systems, Inc. 
Superfund Site) in Liberty County, Texas (``the Site'') and (2) 
performance of studies and response work at the Site consistent with 
the National Contingency Plan (``NCP''), 40 CFR part 300. On December 
8, 1998, the court entered a Consent Decree as to ARCO Chemical Company 
and Atlantic Richfield Company (``the 1998 Consent Decree'') which 
resolved the United States' claims against ARCO Chemical Company and 
Atlantic Richfield Company. Pursuant to the 1998 Consent Decree, ARCO 
Chemical Company and Atlantic Richfield Company were obligated to, 
inter alia, perform response activities at the Site and to establish 
and maintain financial security to demonstrate their ability to 
complete the required Work. Lyondell Chemical Company is the successor 
to ARCO Chemical Company under the 1998 Consent Decree. In 2009, 
Lyondell Chemical Company and certain of its affiliates (collectively 
``Debtors'') filed with the United States Bankruptcy Court for the 
Southern District of New York (``the Bankruptcy Court'') voluntary 
petitions for relief under Title 11 of the United States Code. In 2010, 
the United States, Debtors, and various state environmental agencies 
including the Texas Commission on Environmental Quality (``TCEQ'') 
entered into an agreement resolving various claims including claims 
related to the 1998 Consent Decree (``the 2010 Bankruptcy 
Settlement''). As part of the 2010 Bankruptcy Settlement, the Parties 
agreed to substitute the Lyondell Environmental Custodial Trust for 
Lyondell Chemical Company as a party under the 1998 Consent Decree. The 
proposed Consent Decree Modification would implement the 2010 
Bankruptcy Settlement by substituting the Lyondell Environmental 
Custodial Trust for Lyondell Chemical Company and by clarifying the 
application of certain Consent Decree provisions to the Lyondell 
Environmental Custodial Trust. In addition, the proposed Consent Decree 
Modification would modify the financial assurance provisions of the 
1998 Consent Decree.
    The Department of Justice will receive for a period of thirty (30) 
days from the

[[Page 12881]]

date of this publication comments relating to the Consent Decree 
Modification. 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 
United States v. Lang D.J. Ref. 90-11-3-709.
    During the public comment period, the Consent Decree Modification, 
may also be examined on the following Department of Justice Web site: 
http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Second 
Consent Decree Modification 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 
``Consent Decree Copy'' ([email protected]), fax no. (202) 514-
0097, phone confirmation number (202) 514-5271. If requesting a copy 
from the Consent Decree Library by mail, please enclose a check in the 
amount of $4.50 (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. 2012-5074 Filed 3-1-12; 8:45 am]
BILLING CODE 4410-15-P