[Federal Register Volume 62, Number 210 (Thursday, October 30, 1997)]
[Notices]
[Page 58747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28731]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Remedial Design and Remedial Action Consent 
Decree Pursuant to the Comprehensive Environmental Response, 
Compensation, and Liability Act (``CERCLA'') of 1980

    In accordance with Department policy, 28 CFR 50.7, and 42 U.S.C. 
9622(d), notice is hereby given that on October 9, 1997, a proposed 
CERCLA Remedial Design and Remedial Action Consent Decree (``RD/RA 
Consent Decree'') in United States v. Alaska Railroad Corporation, et 
al., Civil Action No. A91-589 CIV, was lodged with the United States 
District Court for the District of Alaska.
    In this action, the United States seeks injunctive relief under 
Section 106 of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980, as amended (``CERCLA''), from the Alaska 
Railroad Corporation (``ARRC''), Bridgestone/Firestone, Inc., Chugach 
Electric Association, Inc., J.C. Penney and Co., Inc., Montgomery Ward 
and Co. (``Montgomery Ward''), Sears, Roebuck and Co., and Westinghouse 
Electric Corporation (``the Defendants'') to abate the releases and 
threatened releases of hazardous substances into the environment at the 
Standard Steel Metals & Salvage Yard Superfund Site in Anchorage, 
Alaska (``the Site''). The United States also seeks reimbursement from 
the Defendants other than ARRC under Section 107(a) of CERCLA of 
response costs it has incurred and will continue to incur in connection 
with the Site and a declaration under Section 113(g) of CERCLA of the 
liability of those Defendants for further such response costs. (ARRC is 
responsible under an earlier Partial Consent Decree in this case to pay 
2.5% of such costs.)
    Under the RD/RA Consent Decree, the Defendants other than 
Montgomery Ward (``the Settling Defendant'') will implement the remedy 
chosen by the Environmental Protection Agency for the Site in its July 
16, 1996 Record of Decision. ARRC's responsibility for work to be 
performed at the Site is limited, however, to implementation of 
requirements of the Record of Decision that only it, as party in 
possession and control of the Site, can accomplish. The RD/RA Consent 
Decree also requires the Settling Defendants to reimburse the Hazardous 
Substances Superfund for 38.5% of the costs incurred by the United 
States in overseeing implementation of the remedy over and above 
$53,665.18. (This percentage includes that owned by ARRC. The remaining 
61.5% of these costs are to be paid by the federal government pursuant 
to the aforementioned Partial Consent Decree.)
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed RD/RA Consent Decree. 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. Alaska Railroad Corporation, et al. D.J. No. 
90-11-3-810.
    The proposed RD/RA Consent Decree may be examined at the Office of 
the United States Attorney for the District of Alaska, Room 253, 
Federal Building and U.S. Courthouse, 222 West Seventh Avenue, 
Anchorage, Alaska 99513-7567; at the Region 10 Office of the 
Environmental Protection Agency, Hazardous Waste Records Center, 1200 
Sixth Avenue, Seventh Floor, Seattle, Washington, 98101; and at the 
Consent Decree Library, 1120 G Street, N.W., 4th Floor, Washington, 
D.C. 20005 (Tel: 202-624-0892). A copy of the proposed RD/RA 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 exclusive of exhibits, please enclose a check in the 
amount of $26.75 (25 cents per page reproduction cost) payable to 
Consent Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment & Natural 
Resources Division.
[FR Doc. 97-28731 Filed 10-29-97; 8:45 am]
BILLING CODE 4410-15-M