83 FR 13524 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act and The Clean Water Act

DEPARTMENT OF JUSTICE

Federal Register Volume 83, Issue 61 (March 29, 2018)

[Federal Register Volume 83, Number 61 (Thursday, March 29, 2018)]
[Notices]
[Page 13524]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06360]


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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 March 22, 2018, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Western 
District of Louisiana in the lawsuit entitled United States, Louisiana 
Department of Environmental Quality, and Louisiana Department of 
Wildlife and Fisheries, for the State of Louisiana v. CITGO Petroleum 
Corporation, Occidental Chemical Corporation, OXY USA Inc., and PPG 
Industries, Inc., Civil Action No. 2:18-cv-00402.
    The Consent Decree resolves Plaintiffs' claims, as the trustees of 
natural resources, for injuries to natural resources in connection with 
the discharge of hazardous substances into Bayou d'Inde in the 
Calcasieu Estuary located in Calcasieu Parish, Louisiana. Specifically, 
the United States, on behalf of the National Oceanic and Atmospheric 
Administration and the U.S. Department of Interior, as federal trustees 
for natural resources injured by Settlors' disposals of hazardous 
substances, seek to recover natural resource damages pursuant to 
Section 107(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9607(a), and 
Section 311(f) of the Federal Water Pollution Control Act (``CWA''), 33 
U.S.C. 1321(f). The Louisiana Department of Environmental Quality 
(``LDEQ'') and the Louisiana Department of Wildlife and Fisheries 
(``LDWF''), for the State of Louisiana, join in this action and also 
seek to resolve claims under the Louisiana Environmental Quality Act, 
La. R.S. Sec.  30:2025. The proposed Consent Decree resolves these 
claims. Under the proposed Consent Decree, Settling Defendants CITGO 
Petroleum Corporation, Occidental Chemical Corporation, OXY USA Inc., 
and PPG Industries, Inc. are resolving their liability for natural 
resource damages alleged in the Complaint and agree to pay jointly the 
total sum of $11 million from which $3,045,046 will reimburse the 
federal and state trustees for past assessment costs ($2,981,841.85 for 
federal trustees and $63,204 for state trustees) and $7,954,954.15 will 
be deposited into the Bayou d'Inde Area of Concern Site Restoration 
Account within the NRDAR Fund managed by the United States Department 
of Interior for use by the trustees to pay for future natural resource 
restoration actions selected by the trustees. In consideration for the 
payments to be made by the Settling Defendants, and subject to certain 
reservations of rights, the United States, LDEQ and LDWF covenant not 
to sue or take any civil judicial or administrative action against the 
Settling Defendants to recover for the natural resource damages as 
defined in the Consent Decree.
    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, Louisiana Department of Environmental 
Quality, and Louisiana Department of Wildlife and Fisheries, for the 
State of Louisiana v. CITGO Petroleum Corporation, Occidental Chemical 
Corporation, OXY USA Inc., and PPG Industries, Inc., D.J. Ref. No. 90-
11-2-1284/3. 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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    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. 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 $9.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Thomas P. Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-06360 Filed 3-28-18; 8:45 am]
 BILLING CODE 4410-15-P