[Federal Register Volume 61, Number 234 (Wednesday, December 4, 1996)]
[Notices]
[Page 64368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30893]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging; Second Modification of the Partial Consent
Decree on Remediation Between United States, State of New York and
Occidental Chemical Corporation Pursuant to the Comprehensive
Environmental Response, Compensation and Liability Act
In accordance with Departmental policy, 28 CFR Sec. 50.7, 38 Fed.
Reg. 19029, and Section 122(d) of the Comprehensive Environmental
Response, Compensation and Liability Act, as amended (CERCLA), 42
U.S.C. Sec. 9622(d), notice is hereby given that on November 15, 1996,
a proposed Second Modification of the Partial Consent Decree on
Remediation between United States, State of New York and Occidental
Chemical Corp. was lodged with the United States District Court for the
Western District of New York in United States v. Occidental Chemical
Corporation, et al. (Love Canal), Civil Action No. 79-990(JTC).
The Love Canal litigation was commenced in 1979 seeking injunctive
relief and cost recovery in connection with the disposal by Occidental
of hazardous substances at the Love Canal Landfill Site near Niagara
Falls, New York. On March 19, 1996, the Court entered a Consent Decree
pursuant to which the United States will recover a total of $137
million (plus interest) in response costs incurred in connection with
the Site. On July 1, 1994, the Court approved a Consent Judgment
between New York State and Occidental under which Occidental agreed,
inter alia, to perform operation and maintenance (O&M) of the remedy at
the Site and to pay $98 million in settlement of the State's claim. The
instant Decree will not affect either of these prior settlements.
The Second Modification modifies the Partial Consent Decree on
Remediation (PCD), which was previously entered on September 20, 1989.
Under the original PCD, all wastes from the Love Canal site were to be
incinerated. Subsequent regulations provide that certain wastes with
low levels of toxicity can be landfilled at licensed facilities. The
Second Modification to the PCD would, upon entry by the Court,
authorize Occidental to landfill some Love Canal wastes in accordance
with applicable regulations and incinerate remaining wastes. The Second
Modification will retain the standards for thermal destruction
contained in the original Decree. These standards are more stringent
than are otherwise required under current regulations. These changes
are described in greater detail in the Explanation of Significant
Differences (ESD), which was prepared by the United States
Environmental Protection Agency (EPA), and which accompanies, and is a
part of, the Second Modification. The instant Decree, if approved by
the Court, will resolve all outstanding remedial issues in the Love
Canal litigation.
The Department of Justice will receive, for a period of thirty (30)
days from the date of this publication, comments relating to the Decree
Modification. Comments should be addressed to the Assistant Attorney
General of the Environment and Natural Resources Division, Department
of Justice, Washington, D.C. 20530, and should refer to United States
v. Occidental Chemical Corporation, D.J. Ref. 90-5-1-1-1229.
The proposed Decree Modification may be examined at the Office of
the United States Attorney, Western District of New York at Federal
Centre, 138 Delaware Avenue, Buffalo, New York 14202; the offices of
EPA--Region II at 290 Broadway, New York, New York 10007-1866; and at
the Consent Decree Library at 1120 G Street, N.W., 4th Floor,
Washington, D.C. 20005, (202) 624-0892. A copy of the proposed Decree
Modification may be obtained in person or by mail from the Consent
Decree Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005.
In requesting a copy, please enclosed a check in the amount of $5.50
(25 cents per page reproduction cost) payable to the Consent Decree
Library.
Bruce S. Gelber,
Principal Deputy Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 96-30893 Filed 12-3-96; 8:45 am]
BILLING CODE 4410-15-M
