[Federal Register Volume 79, Number 229 (Friday, November 28, 2014)]
[Notices]
[Page 70896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28133]


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DEPARTMENT OF JUSTICE


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

    On November 21, 2014, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Eastern 
District of Texas in the lawsuit titled United States, et al., v. 
Ashland Inc., et al., Civil Action No. 14-cv-574.
    The United States, on behalf of the U.S. Environmental Protection 
Agency, filed this lawsuit pursuant to the Comprehensive Environmental 
Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9601-
9675, to recover response costs incurred, and obtain a declaratory 
judgment as to liability for response costs to be incurred, for 
responding to the releases and threatened releases of hazardous 
substances at and from the Palmer Barge Superfund Site in Port Arthur, 
Texas (``the Site''). The Complaint names as defendants Ashland Inc.; 
E.I. du Pont de Nemours and Co.; Exxon Mobil Corp.; ExxonMobil Oil 
Corp.; Houston Ship Repair, Inc.; Kirby Corp.; Kirby Inland Marine, LP; 
Phillips 66 Co.; and Texaco Inc. In the Complaint, which the State of 
Texas joined, the United States alleges that defendants (or their 
predecessors in interest) arranged for the disposal of hazardous 
substances at the Site.
    The Consent Decree resolves the United States' claims against each 
of the named defendants as entities that arranged for disposal of 
hazardous wastes at the site and, in addition, against defendants Kirby 
Corp., Kirby Inland Marine, and Phillips 66 as successors in interest 
to other entities identified in the Consent Decree with CERCLA 
liabilities at the Site. The Consent Decree also settles potential 
claims related to the Site that could be brought by the defendants 
against the United States related to the United States Maritime 
Administration (``MARAD''), which hired defendant Houston Ship Repair, 
Inc., to decommission MARAD vessels.
    Under the Consent Decree, the settling parties will pay response 
costs to the United States as follows: Ashland Inc., E.I. du Pont de 
Nemours and Co., Exxon Mobil Corp., ExxonMobil Oil Corp., Kirby Corp., 
Kirby Inland Marine, and Phillips 66, collectively, will pay 
$1,874,804.22; Houston Ship Repair will pay $599,938.12; and MARAD will 
pay $399,958.75. In return for these payments, the United States agrees 
not to sue the defendants or the above-described predecessors in 
interest of Kirby Corp., Kirby Inland Marine, and the Phillips 66, 
under section 106 or 107 of CERCLA, 42 U.S.C. 9606, Sec.  9607, in 
connection with 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, et al. v. Ashland Inc., et al., D.J. 
Ref. No. 90-11-2-08876. 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...........................  <a href="/cdn-cgi/l/email-protection#45353027262a2828202b31682020366b202b3721053036212a2f6b222a33"><span class="__cf_email__" data-cfemail="abdbdec9c8c4c6c6cec5df86ceced885cec5d9cfebded8cfc4c185ccc4dd">[email protected]</span></a>.
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, D.C. 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 $10.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Thomas P. Carroll,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2014-28133 Filed 11-26-14; 8:45 am]
BILLING CODE 4410-15-P


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