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

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]

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