Notice of Lodging of Consent Decrees; Southern Pacific Transportation Corp., et al.

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decrees; Southern Pacific

Transportation Corp., et al.

In accordance with the policy of the Department of Justice, 28 CFR

50.7, notice is hereby given that two proposed consent decrees in

United States v. Southern Pacific Transportation Corporation, et al.,

consolidated with, People of the State of California v. Southern

Pacific Transportation Corporation, et al., CIV-S-92-1117, were lodged

with the United States District Court for the Eastern District of

California on March 14, 1994. These consolidated actions were brought

pursuant to Section 107 of the Comprehensive Environmental Response,

Compensation and Liability Act, 42 U.S.C. Sec. 9607, Section 311 of the

Clean Water Act, 42 U.S.C. Sec. 1321, and the Rivers and Harbors Act,

33 U.S.C. Sec. 407, as well as under various state statutes and the

common law.

Under the first proposed consent decree, AMVAC Chemical Corporation

and American Vanguard Corporation agree to pay $2 million to the United

States and the State of California in compensation of the claims

alleged against those corporations. The second proposed consent decree

provides that Southern Pacific Transportation Company and related

corporations, GATX Corporation, General American Transportation

Corporation, J.M. Huber Corporation, Trinity Chemical Industries, Inc.,

and Transmatrix, Inc., agree to pay the United States and the State of

California $36 million over a period of five years. These funds are

being paid to reimburse the United States and the State of California

for environmental response costs, health study costs, natural resource

damages, penalties, state law claims, and common law damages incurred

as a result of the derailment of a Southern Pacific train and

subsequent spill of hazardous substances into the Upper Sacramento

River. No further response activities are anticipated at this site;

however, ongoing natural resource damage restoration projects will be

conducted pursuant to a Natural Resource Damage Assessment Plan

designed by the plaintiffs and pursuant to a Memorandum of Agreement

between the governments.

The Department of Justice will receive comments relating to the

proposed consent decrees for a period of 30 days from the date of this

publication. Comments should be addressed to the Acting Assistant

Attorney General of the Environment and Natural Resources Division,

Department of Justice, Washington, D.C. 20530. All comments should

refer to United States v. Southern Pacific Transportation Corporation,

et al., DOJ Number 90-5-1-1-3820.

The proposed consent decrees may be examined at the office of the

United States Attorney, Room 3305, Federal Building, U.S. Courthouse,

650 Capitol Mall, Sacramento, CA 95814; the Region IX Office of the

Environmental Protection Agency, 75 Hawthorne Street, San Francisco, CA

94105; and at the Consent Decree Library, 1120 G Street NW., 4th Floor,

Washington, D.C. 20005, (202) 624-0892. Copies of the proposed consent

decrees may be obtained in person or by mail from the Consent Decree

Library, 1120 G Street NW., 4th Floor, Washington, D.C. 20005. Any

request for a copy of the proposed consent decrees should be

accompanied by a check in the amount of $10.25 for the AMVAC decree and

$10.50 for the Southern Pacific decree, for copying costs ($0.25 per

page), payable to ``Consent Decree Library.''

Bruce S. Gelber,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 94-25476 Filed 10-13-94; 8:45 am]

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