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

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URL: https://www.frixlaw.com/law-library/documents/fr%3A95-6894

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** March 21, 1995
- **Citation:** 60 FR 14963

## Text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A95-6894. Public record. Not legal advice.