Notice of Lodging of Remedial Design and Remedial Action Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA'') of 1980

DEPARTMENT OF JUSTICE

Notice of Lodging of Remedial Design and Remedial Action Consent

Decree Pursuant to the Comprehensive Environmental Response,

Compensation, and Liability Act (``CERCLA'') of 1980

In accordance with Department policy, 28 CFR 50.7, and 42 U.S.C.

9622(d), notice is hereby given that on October 9, 1997, a proposed

CERCLA Remedial Design and Remedial Action Consent Decree (``RD/RA

Consent Decree'') in United States v. Alaska Railroad Corporation, et

al., Civil Action No. A91-589 CIV, was lodged with the United States

District Court for the District of Alaska.

In this action, the United States seeks injunctive relief under

Section 106 of the Comprehensive Environmental Response, Compensation,

and Liability Act of 1980, as amended (``CERCLA''), from the Alaska

Railroad Corporation (``ARRC''), Bridgestone/Firestone, Inc., Chugach

Electric Association, Inc., J.C. Penney and Co., Inc., Montgomery Ward

and Co. (``Montgomery Ward''), Sears, Roebuck and Co., and Westinghouse

Electric Corporation (``the Defendants'') to abate the releases and

threatened releases of hazardous substances into the environment at the

Standard Steel Metals & Salvage Yard Superfund Site in Anchorage,

Alaska (``the Site''). The United States also seeks reimbursement from

the Defendants other than ARRC under Section 107(a) of CERCLA of

response costs it has incurred and will continue to incur in connection

with the Site and a declaration under Section 113(g) of CERCLA of the

liability of those Defendants for further such response costs. (ARRC is

responsible under an earlier Partial Consent Decree in this case to pay

2.5% of such costs.)

Under the RD/RA Consent Decree, the Defendants other than

Montgomery Ward (``the Settling Defendant'') will implement the remedy

chosen by the Environmental Protection Agency for the Site in its July

16, 1996 Record of Decision. ARRC's responsibility for work to be

performed at the Site is limited, however, to implementation of

requirements of the Record of Decision that only it, as party in

possession and control of the Site, can accomplish. The RD/RA Consent

Decree also requires the Settling Defendants to reimburse the Hazardous

Substances Superfund for 38.5% of the costs incurred by the United

States in overseeing implementation of the remedy over and above

$53,665.18. (This percentage includes that owned by ARRC. The remaining

61.5% of these costs are to be paid by the federal government pursuant

to the aforementioned Partial Consent Decree.)

The Department of Justice will receive for a period of thirty (30)

days from the date of this publication comments relating to the

proposed RD/RA Consent Decree. 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, et al. D.J. No.

90-11-3-810.

The proposed RD/RA Consent 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; at the Region 10 Office of the

Environmental Protection Agency, Hazardous Waste Records Center, 1200

Sixth Avenue, Seventh Floor, 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 RD/RA 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 exclusive of exhibits, please enclose a check in the

amount of $26.75 (25 cents per page reproduction cost) payable to

Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment & Natural

Resources Division.

[FR Doc. 97-28731 Filed 10-29-97; 8:45 am]

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