[Federal Register Volume 60, Number 54 (Tuesday, March 21, 1995)]
[Notices]
[Pages 14963-14964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6894]



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DEPARTMENT OF JUSTICE

Notice of Lodging of Modification of Consent Decree Under 
Sections 106 and 107 of the Comprehensive Environmental Response, 
Compensation, and Liability Act

    In accordance with Department policy, 28 CFR 50.7 and 42 U.S.C. 
9622(d)(2), notice is hereby given that on February 27, 1995 a proposed 
Modification of Consent Decree in United States v. Champion 
International Corporation, Civil Action No. CV-89-127-M-CCL, was lodged 
with the United States District Court for the District of Montana. The 
consent decree in this case was entered on October 18, 1989 pursuant to 
Sections 106 and 107 of the Comprehensive Environmental Response, 
Compensation and Liability Act of 1980, as amended (``CERCLA''), 42 
U.S.C. 9606 and 9607, between the United States and Champion 
International Corporation (``Champion'') to resolve the CERCLA 
liability of Champion for the Libby Groundwater National Priorities 
List Superfund Site located in Libby, Montana. The decree required 
Champion, inter alia, to implement the December 1988 Record of Decision 
(``ROD'') issued by the United States Environmental Protection Agency 
(``EPA'') for the Site. The decree provided a covenant not to sue 
Champion by the United States under [[Page 14964]] Sections 106 and 107 
of CERCLA, 42 U.S.C. 9606 and 9607, for the Site except that claims of 
the United States against Champion regarding deep aquifer contamination 
were reserved.
    The proposed Modification of Consent Decree requires Champion to 
implement the September 1993 Explanation of Significant Differences 
(``ESD'') issued by EPA. The ESD waives the soils remediation levels 
for pyrene, napthalene and phenanthrene while maintaining overall 
protectiveness of public health and the environment. The ESD also 
selects monitoring and institutional controls on usage as a final 
remedy for the deep aquifer. Under the proposed Modification of Consent 
Decree, Champion is required to implement the ESD and the covenants not 
to sue in the consent decree are extended to cover the deep aquifer 
contamination at the Site.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed Modification of Consent Decree. Comments should be addressed 
to the Assistant Attorney General of the Environment and Natural 
Resources Division, Department of Justice, P.O. Box 7611, Ben Franklin 
Station, Washington, DC 20044, and should refer to United States v. 
Champion International Corporation, DOJ Ref. No. 90-11-2-379.
    The proposed Modification of Consent Decree may be examined at the 
Montana Operations Office of the United States Environmental Protection 
Agency, Region VIII, Federal Building, Room 285, 301 S. Park, Helena, 
Montana 59626. Copies of the proposed Modification of Consent Decree 
may also be examined at or obtained by mail from the Consent Decree 
Library, 1120 G Street, N.W., 4th Floor, Washington, DC 2005 (202-624-
0892). When requesting a copy of the proposed Modification of Consent 
Decree by mail, please enclose a check in the amount of $3.75 (twenty-
five cents per page reproduction costs) payable to the ``Consent Decree 
Library.''
Joel Gross,
Acting Chief, Environmental Enforcement Section, Environmental and 
Natural Resources Division.
[FR Doc. 95-6894 Filed 3-20-95; 8:45 am]
BILLING CODE 4410-01-M