18426 Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Notices

convenant not to sue Mr. Thomas for

past costs incurred at the Site.

The Department of Justice will receive

comments relating to the proposed

Partial Consent Decree for 30 days

following publication of this Notice.

Comments should be addressed to the

Assistant Attorney General,

Environment and Natural Resources

Division, United States Department of

Justice, P.O. Box 7611, Ben Franklin

Station, Washington, D.C. 20044–7611,

and should refer to United States v.

Kenneth L. Thomas et al., D.J. Ref. No.

90–11–3–1112. The proposed Partial

Consent Decree may be examined at the

Office of the United States Attorney for

the Southern District of Illinois, IL–S

USA, Suite 300, 9 Executive Drive,

Fairview Heights, Illinois 62208; the

Region V Office of the United States

Environmental Protection Agency, 77

West Jackson Boulevard, Chicago,

Illinois 60604; and at the Consent

Decree Library, 1120 G Street, N.W., 4th

Floor, Washington, DC 20005, telephone

no. (202) 624–0892. A copy of the

proposed Partial Consent Decree may be

obtained in person or by person or by

mail from the Consent Decree Library,

1120 G Street, NW., 4th Floor,

Washington, DC 20005. In requesting a

copy, please enclose a check in the

amount of $5.25 (25 cents per page for

reproduction costs), payable to the

Consent Decree Library.

Joel M. Gross,

Acting Chief, Environmental Enforcement

Section, Environment and Natural Resources

Division.

[FR Doc. 95–8811 Filed 4–10–95; 8:45 am]

BILLING CODE 4410–01–M

Notice of Lodging of Consent Decree

Pursuant to the Comprehensive

Environmental Response,

Compensation, and Liability Act and

the Resource Conservation and

Recovery Act

Notice is hereby given that on March

24, 1995, a proposed consent decree was

lodged with the United States District

Court for the District of Idaho in United

States v. Union Pacific Railroad

Company, et al., Action No. CIV 95–

0152–E–HLR. The proposed consent

decree settles claims asserted by the

United States at the request of the

United States Environmental Protection

Agency (EPA) and by the State of Idaho

for releases of hazardous substances at

the twenty-one square mile Bunker Hill

Superfund Site in northern Idaho. The

companies named as defendants are

Union Pacific Railroad Company; and

Stauffer Management Company and

Rhone-Poulenc, Inc. (collectively, the

‘‘Stauffer Entities’’).

In the complaint, the United States

asserted claims against each of the

defendants pursuant to Sections 106

and 107(a) of the Comprehensive

Environmental Response,

Compensation, and Liability Act

(CERCLA), as amended, 42 U.S.C. 9606

and 9607(a), and Section 7003 of the

Resource Conversation and Recovery

Act, 42 U.S.C. § 6973 (RCRA), for

injunctive relief to abate an imminent

and substantial endangerment to public

health or welfare or the environment

due to the release or threatened release

of hazardous substances at the Bunker

Hill Superfund Site in Shoshone

County, Idaho. The United States also

sought recovery of costs that have been

and will be incurred in response to

releases and threatened releases of

hazardous substances at and from the

Bunker Hill Superfund Site. The State of

Idaho asserted a claim for recovery of

costs pursuant to Section 107(a) of

CERCLA, 42 U.S.C. § 9607(a), against

each of the defendants.

Under the proposed Consent Decree,

the Stauffer Entities have made the

following commitments: (1) The Stauffer

Entities will remediate the A–4 gypsum

pond, a gypsum waste pile within the

Site. (2) the Stauffer Entities will pay

$850,000 to the United States towards

the demolition and remediation of the

phosphate fertilizer plant with the

Bunker Hill industrial complex. EPA

will perform the work. (3) The Stauffer

Entities will pay $150,000 towards the

Institutional Control Program costs at

the Site. (4) The Stauffer Entities will

pay an additional $500,0000 to the

United States and an additional

$500,000 to the State of Idaho.

Union Pacific has made the following

commitments under the Consent Decree:

(1) Union Pacific will perform the

remedial action for the entire seven mile

right-of-way through the Site. (2) Union

Pacific will pay the cost of disposal of

principal threat waste materials

removed from the right-of-way, and it

will pay for the cost of disposal of any

materials removed from the right-of-way

subsequent to certification of

remediation of the right-of-way. (3)

Union Pacific will pay $150,0000

towards the Institutional Control

Program costs at the Site. (4) Union

Pacific will pay an additional $500,000

to the United States and an additional

$500,000 to the State of Idaho as a

premium for the covenant not to sue

that UP is obtaining under the decree.

The Stauffer Entities and Union

Pacific will also pay ‘‘future response

costs’’ incurred by EPA and the State of

Idaho as that term is defined in the

decree.

In exchange for the commitments

made by the settling defendants in the

consent decree, the United States and

the State will provide settling

defendants with covenants not to sue as

set forth in the consent decree.

The Department of Justice will receive

written comments relating to the

proposed Consent Decree for thirty (30)

days from the date of publication of this

notice. Comments should be addressed

to the Assistant Attorney General of the

Environment and Natural Resources

Division, U.S. Department of Justice,

Washington, D.C. 20530, and should

refer to United States v. Union Pacific

Railroad Co., et al., D.J. Ref. No. 90–11–

3–128I. Commenters may request an

opportunity for a public meeting in the

affected area, in accordance with

Section 7003(d) of RCRA.

The proposed Consent Decree and

exhibits may be examined at the

following locations: The Region 10

Office of EPA, 7th Floor Records Center,

1200 Sixth Avenue, Seattle, WA 98101;

the Kellogg Public Library, 16 West

Market, Kellogg, ID 83837; the Kellogg

City Hall, 323 Main Street, Kellogg, ID

83837; the Smelterville City Hall,

Smelterville, ID 83868; and the

Pinehurst/Kingston Library, Pinehurst,

ID 83850. The complete Administrative

Record for the Bunker Hill Superfund

Site may be reviewed at the EPA Region

10 office in Seattle and at the Kellogg

Public Library.

A copy of the Consent Decree and

exhibits (if requested) may be obtained

in person or by mail from the Consent

Decree Library, 1120 G Street, N.W., 4th

Floor, Washington, D.C. 20005, (202)

624–0892. In requesting copies, please

enclose a check in the amount of $26.50

(without exhibits) or $202.75 (with

exhibits) (25 cents per page

reproduction cost) payable to the

‘‘Consent Decree Library.’’

Joel Gross,

Acting Chief, Environmental Enforcement

Section, Environment and Natural Resources

Division.

[FR Doc. 95–8812 Filed 4–10–95; 8:45 am]

BILLING CODE 4410–01–M

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