[Federal Register: March 8, 2000 (Volume 65, Number 46)]
[Notices]
[Page 12280]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08mr00-95]

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DEPARTMENT OF JUSTICE


Notice of Extension of Time for Comments Relating to the Lodging
of a Consent Decree Pursuant to the Comprehensive Environmental
Response, Compensation, and Liability Act, the Clean Water Act, and the
Resource Conservation and Recovery Act

    Notice is hereby given of an extension of time under which the
Department of Justice will receive comments relating to the proposed
Consent Decree in United States and State of Idaho v. Union Pacific
Railroad Co., Case No. 99-606-N-EJL (D. Idaho) and Coeur d' Alene Tribe
v. Union Pacific Railroad Co., Case No. CV 91-0342-N-EJL (D. Idaho).
The proposed Consent Decree was lodged with the United States District
Court for the District of Idaho on December 23, 1999 and previously
noticed in the Federal Register on January 20, 2000 (65 FR 3249). The
earlier noticed comment period would have expired on February 22, 2000,
but comments will now be considered if received by March 8, 2000.
    The Consent Decree settles claims by the United States, the State
of Idaho, and the Coeur d'Alene Tribe (Tribe) asserted against Union
Pacific Railroad Company (Union Pacific) under Sections 106 and 107 of
the Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA), 42 U.S.C. 9606 and 9607, and Section 311 of the Clean
Water Act (CWA), 33 U.S.C. 1321. The Complaint of the United States and
the State seeks injunctive relief requiring Union Pacific to implement
the non-time-critical removal action selected by EPA, the State and the
Tribe, for most of Union Pacific's 71.5-mile-long railroad right of way
between Mullan and Plummer, Idaho (the ROW) and certain adjacent areas
(collectively the Project Area) in the Coeur d'Alene Basin in northern
Idaho. The Plaintiffs' Complaints also seek past and future CERCLA
response costs incurred by EPA, the Departments of the Interior
(Interior) and Agriculture (Agriculture), the State, and the Tribe in
connection with the Project Area and damages for injuries to natural
resources throughout the Coeur d'Alene Basin.
    The Consent Decree requires Union Pacific to implement the response
action selected for the Project Area and specified additional work
needed to convert the ROW into a biking/hiking trail for public use.
The estimated total cost of this work is over $25 million. In addition,
Union Pacific agrees to pay (1) the past response costs incurred by the
United States, the State and the Tribe in connection with the
negotiations and the Engineering Evaluation and Cost Analysis (EE/CA)
needed to select the response action (approximately $600,000 for the
United States); (2) $2,730,000 to the State and the Tribe, primarily
for their expected future costs of maintaining public amenities along
the biking/hiking trail; (3) $35,000 to fund educational activities to
be conducted by Plaintiffs as part of the Response Action; (4) up to
$25,000 per year for 10 years to the Tribe for costs in incurs for
operation and maintenance of the Chatcolet Bridge; (5) the future
response costs of all three governments for oversight of the removal
action; and (6) $2,000,000 to Interior, Agriculture, and the Tribe for
natural resource damages.
    In exchange, Union Pacific will receive a covenant not to sue for
response actions and costs relating to the Project Area (primarily the
ROW) pursuant to Sections 106 and 107(a) of CERCLA, Section 311 of the
CWA, and Section 7003 of RCRA. Union Pacific will also receive a
covenant not to sue for natural resource damages under CERCLA and the
CWA in the ``Coeur d'Alene Basin Environment,'' an area that includes
the watersheds of both the North and South Forks of the Coeur d'Alene
River, the main stem of the Coeur d'Alene River, and Lake Coeur
d'Alene.
    Comments should be addressed to the Assistant Attorney General of
the Environment and Natural Resources Division, Department of Justice,
P.O. Box 7611, Washington, D.C. 20044-7611, should refer to United
States and State of Idaho v. Union Pacific Railroad Co., Case No. 99-
606-N-EJL (D. Idaho), D.J. Ref. No. 90-11-3-128/1, and should be
received by March 8, 2000. Commenters may request an opportunity for a
public meeting in the affected area, in accordance with Section 7003(d)
of RCRA, 42 U.S.C. 6973(d).
    The Consent Decree may be examined at the Office of the United
States Attorney, First Interstate Center, 877 West Main Street, Suite
201, Boise, Idaho 83702 and at North Idaho College Library, 1000 West
Garden Avenue, Coeur d'Alene, Idaho 83814. A copy of the Consent Decree
may also be obtained by mail from the Department of Justice Consent
Decree Library, P.O. Box 7611, Washington, DC 20044. In requesting a
copy, please enclose a check in the amount of $255.75 (25 cents per
page reproduction cost, with exhibits) payable to the Consent Decree
Library. If requesting a copy of the Consent Decree exclusive of
exhibits, please enclose a check in the amount of $27.25 (25 cents per
page reproduction cost) payable to the Consent Decree Library.

Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division.
[FR Doc. 00-5535 Filed 3-7-00; 8:45 am]
BILLING CODE 4410-15-M