[Federal Register Volume 78, Number 146 (Tuesday, July 30, 2013)]
[Notices]
[Pages 45970-45971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18206]


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DEPARTMENT OF JUSTICE


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

    On July 19, 2013, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Southern 
District of Alabama in the lawsuit entitled United States of America, 
Alabama Department of Conservation and Natural Resources, and the 
Geological Survey of Alabama v. BASF Corporation, Civil Action No. 13-
00372-KD-M.
    The plaintiffs alleged that BASF Corporation, as successor in 
interest to BASF Performance Products LLC (f/k/a Ciba Corporation, f/k/
a Ciba Specialty Chemicals Corporation), is liable under CERCLA and the 
Clean Water Act for damages for injury to, loss of, or destruction of 
natural resources under the trusteeship of the National Oceanic and 
Atmospheric Administration (NOAA), the U.S. Department of the Interior 
(DOI), Alabama Department of Conservation and Natural Resources, and 
the Geological Survey of Alabama. The claims arise from releases and 
threatened releases of hazardous substances, including the pesticide 
DDT and its degradation products, from a chemical production facility 
at the Ciba-Geigy Corporation (McIntosh Plant) Superfund Site near 
McIntosh, Washington County, Alabama. The consent decree requires BASF 
Corporation to pay $3.2 million into the Mobile Bay Watershed/Ciba-
Geigy Site (AL) Restoration Account; $500,000 to the Alabama Department 
of Conservation and Natural Resources, Game and Fish Fund; and $1.3 
million to DOI and NOAA as reimbursement for damage assessment costs. 
Under the consent decree, the plaintiffs covenant not to sue or take 
civil judicial or administrative action against BASF Corporation under 
CERCLA or the Clean Water Act to recover natural resource damages 
related to the Site.
    The publication of this notice opens a period for public comment on 
the consent decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States of America, Alabama Department of 
Conservation and Natural Resources, and the Geological Survey of 
Alabama v. BASF Corporation, D.J. Ref. No. 90-11-2-781/1. All comments 
must be submitted no later than thirty (30) days after the publication 
date of this notice. Comments may be submitted either by email or by 
mail:

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         To submit comments:                     Send them to:
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By e-mail...........................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    During the public comment period, the consent decree may be 
examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy 
of the consent decree upon written request and payment of reproduction 
costs. Please mail your request and payment to: Consent Decree Library, 
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $8.25 (25 cents per page

[[Page 45971]]

reproduction cost) payable to the United States Treasury.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2013-18206 Filed 7-29-13; 8:45 am]
BILLING CODE 4410-15-P