[Federal Register Volume 89, Number 68 (Monday, April 8, 2024)]
[Notices]
[Pages 24506-24507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07337]


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DEPARTMENT OF JUSTICE


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

    On April 2, 2024, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Southern 
District of Texas, Houston Division, in the lawsuit entitled United 
States and the State of Texas v. Intercontinental Terminals Co., LLC. 
Civil Action No. 4:24-cv-01207.
    The United States and State of Texas asserted claims in this case 
under section 107 of the Comprehensive Environmental Response, 
Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9607, seeking 
to recover natural resource damages (``NRD'') in response to releases 
of hundreds of thousands of barrels of a mixture of petrochemical 
products and firefighting foam and water into the environment as a 
result of a fire that ignited on March 17, 2019 at a terminal facility 
owned and operated by Intercontinental Terminals Co., LLC (``ITC'') 
located in Deer Park, Harris County, Texas. Hazardous substances were 
released from ITC's facility into the air and surrounding waterways, 
including Tucker Bayou, Buffalo Bayou, and the Houston Ship Channel. 
Natural resources were injured, and recreational use lost, as a result 
of these releases. The proposed Consent Decree resolves the Trustees' 
claims against ITC.
    Under CERCLA, federal and state natural resource trustees have 
authority to seek compensation for natural resources harmed by 
hazardous substances released into the environment as a result of the 
March 2019 fire at ITC's facility. The natural resource trustees here 
include the U.S. Department of the Interior, acting through the U.S. 
Fish and Wildlife Service, the National Oceanic and Atmospheric 
Administration, and the State of Texas on behalf of Texas Commission on 
Environmental Quality, the Texas Parks and Wildlife Department and 
Texas General Land Office (the ``Trustees'').
    Under the proposed Consent Decree, ITC agrees to pay $6,645,000 to 
the DOI Natural Resource Damage Assessment and Restoration Fund to be 
used to restore, replace, rehabilitate, or acquire the equivalent of 
those resources injured by the releases, as well as to compensate for 
lost recreational services. The money will also be used for the 
Trustees' restoration planning costs and to reimburse the Trustees' 
past assessment costs. The United States and the State will grant a 
covenant not to sue or to take administrative action against ITC for 
NRD pursuant to section 107(a) of CERCLA, 42 U.S.C. 9607(a), section 
1002(b)(2)(A) of the Oil Pollution Act, 33 U.S.C. 2702(b)(2)(A), 
section 311 of the Clean Water Act, 33 U.S.C. 1321, and applicable 
state law.
    The publication of this notice opens a period for public comment on 
the proposed Consent Decree. Comments on the proposed Consent Decree 
should be addressed to the Assistant Attorney General, Environment and 
Natural Resources Division, and should refer to United States and the 
State of Texas v. Intercontinental Terminals Company, LLC D.J. Ref. 90-
11-3-12213. 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 email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    Any comments submitted in writing may be filed in whole or in part 
on the public court docket without notice to the commenter.
    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. If you require assistance 
accessing the consent decree, you may request assistance by email or by 
mail to the

[[Page 24507]]

addresses provided above for submitting comments.

Thomas Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2024-07337 Filed 4-5-24; 8:45 am]
BILLING CODE 4410-15-P