[Federal Register: April 16, 1998 (Volume 63, Number 73)]
[Notices]               
[Page 18935]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap98-78]

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DEPARTMENT OF JUSTICE

 
Notice of Consent Decree Pursuant to the Resource Conservation 
and Recovery Act; the Comprehensive Environmental Response, 
Compensation, and Liability Act; and the Clean Air Act

    In accordance with Departmental Policy, 28 CFR 50.7, notice is 
hereby given that a proposed Consent Decree in United States v. Borden 
Chemicals and Plastics Operating Limited Partnership, et al., Civ. 
Action Nos. 94-440-A-2 and 94-2592-A-M2, was lodged in the United 
States District Court for the Middle District of Louisiana on April 9, 
1998. The proposed Consent Decree resolves the United States' claims in 
Civil Action No. 94-2592-A-M2 for injunctive relief and civil penalties 
against defendants Borden Chemicals and Plastics Operating Limited 
Partnership and Borden Chemicals and Plastics Management, Inc. 
(hereafter referred to as ``Borden''), brought pursuant to the Resource 
Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6901 et seq., the 
Comprehensive Environmental Response, Compensation and Liability Act 
(``CERCLA''), 42 U.S.C. 9601 et seq., and the Clean Air Act (``CAA''), 
42 U.S.C. 7401 et seq. The proposed Consent Decree also resolves 
Borden's Complaint in Civil Act No. 94-440-A-2 against the United 
States seeking declaratory judgment. The United States' claims arose 
from the release of hazardous wastes and constituents into soil and 
groundwater at Borden's Geismar, Louisiana facility and involved RCRA 
permitting requirements, as well as violations under the CAA for 
failing to limit urea emissions and failing to immediately report 
releases of hazardous substances under CERCLA.
    Under the terms of the Consent Decree, Borden will: (1) Pay a civil 
penalty in the sum of $3.6 million; (2) perform a facility wide 
corrective action under RCRA; (3) commence interim measures of 
investigation and remediation, if necessary, in the Norco Aquifer, the 
shallow groundwater zones, the ``S'' zone and eight other soil and 
groundwater areas of the facility; (4) apply for a RCRA permit for 
Borden's VCR Unit and any other RCRA-regulated Unit; (5) decommission 
the underground injection wells at the facility; and (6) set aside 
$400,000 to fund community based programs consisting of equipment 
donations to local emergency response units and funding for a technical 
center for the dissemination of information related to environmental 
decision making and citizen participation.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, written comments relating to 
the proposed Consent Decree. Comments should be addressed to the 
Assistant Attorney General for the Environment and Natural Resources 
Division, Department of Justice, Washington, D.C. 20530, and should 
refer to United States v. Borden Chemicals and Plastics Operating 
Limited Partnership, et al., Civ. Action Nos. 94-440-A-2 and 94-2592-A-
M2, DOJ # 90-11-2-875.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, Middle District of Louisiana, Russell B. Long 
Federal Building, 777 Florida Street, Suite 208, Baton Rouge, Louisiana 
70801; at the Region VI Office of the U.S. Environmental Protection 
Agency, 1445 Ross Avenue, Dallas, Texas 75202; and at the Consent 
Decree Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005, 
(202) 624-0892. Copies of the Consent Decree 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 enclose a 
check in the amount of $29.25 (25 cents per page reproduction costs) 
payable to the Consent Decree Library.
Bruce S. Gelber,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 98-10110 Filed 4-15-98; 8:45 am]
BILLING CODE 4410-15-M