Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA'')

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act (``CERCLA'')

Notice is hereby given that on October 9, 1996, a proposed Partial

Consent Decree (``Decree'') in United States v. Alaska Railroad

Corporation et al., Civil Action No. A91-589 (D. Alaska), was lodged

with the United States District Court for the District of Alaska. This

Decree resolves the United States' claims in this action against all of

the Defendants under Sections 107(a) of CERCLA, 42 U.S.C. 9607(a), for

response costs associated with the cleanup of the Standard Steel

Superfund Site in Anchorage, Alaska (``the Site''). The Settling

Defendants include six corporations that arranged for the disposal of

PCB-contaminated electrical equipment or lead-acid batteries at the

Site and the current landowner, Alaska Railroad Corporation. The Decree

also resolves the liability of federal entities who are counterclaim

defendants in this matter--the Federal Railroad Administration, the

Defense Reutilization and Marketing Service (``DRMS'') and the Army &

Air Force Exchange Service (``AAFES'')--for those costs. In addition,

the Decree allocates among the defendants and the counterclaim

defendants liability for the costs incurred by the parties that funded

the Remedial Investigation and Feasibility Study (``RI/FS''), including

the oversight of the RI/FS by the Environmental Protection Agency, and

the removal of scrap metal debris from the Site. Finally, this

settlement resolves the liability of the settling federal entities and

the Alaska Railroad Corporation for future response costs at the Site

and any natural resources damages, by fixing the proportion of such

costs or damages that they will be required to pay.

The United States, on behalf of the settling federal entities, and

the defendants will reimburse the Hazardous Substance Superfund more

than $3.6 million in past response costs, oversight costs and

enforcement costs. The United States, on behalf of the settling federal

entities, together with the Alaska Railroad Corporation, will fund

61.5% of future costs associated with the Site, including any costs

associated with natural resources damages.

Upon the effective date of the Decree, the defendants are entitled

to the contribution protection afforded by Section 113(f)(2) of CERCLA,

42 U.S.C.

[[Page 55171]]

9613(f)(2), for past response costs, oversight costs and enforcement

costs. This protection is extended to the Alaska Railroad Corporation

and the settling federal entities for future costs as well. The Decree

reserves all claims against the defendants other than Alaska Railroad

Corporation for future response costs and natural resource damages.

The Department of Justice will receive comments relating to the

proposed Decree for a period of thirty (30) days from the date of this

publication. Comments should be addressed to the Assistant Attorney

General of the Environment and Natural Resources Division, Department

of Justice, Washington, D.C. 20530, and should refer to United States

v. Alaska Railroad Corporation, D.J. No. 90-11-3-810.

The proposed Decree may be examined at the Office of the United

States Attorney for the District of Alaska, Room 253, Federal Building

and U.S. Courthouse, 222 West Seventh Avenue, Anchorage, Alaska 99513-

7567; the Region 10 Office of the Environmental Protection Agency, 1200

Sixth Avenue, Seattle, Washington 98101; and at the Consent Decree

Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005 (Tel:

202-624-0892). A copy of the proposed Consent Decree may be obtained in

person or by mail from the Consent Decree Library, 1120 G Street, N.W.,

4th Floor, Washington, D.C. 20005. In requesting a copy, please enclose

a check in the amount of $13.50 (25 cents per page reproduction cost)

for the Partial Consent Decree, or $38.75 for the Partial Consent

Decree with Appendices, payable to Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 96-27267 Filed 10-23-96; 8:45 am]

BILLING CODE 4410-01-M