[Federal Register Volume 69, Number 42 (Wednesday, March 3, 2004)]
[Notices]
[Pages 10042-10043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4699]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-7631-1]
Proposed CERCLA Administrative Cost Recovery Settlement; Union
Pacific Railroad Company, Northwest Oil Drain Superfund Site, Salt Lake
City, UT
AGENCY: Environmental Protection Agency (EPA).
ACTION: Administrative Order On Consent; request for public comment.
-----------------------------------------------------------------------
SUMMARY: In accordance with the requirements of Section 122(i) of the
Comprehensive Environmental Response, Compensation, and Liability Act,
as amended (CERCLA), 42 U.S.C. 9622(i), notice is hereby given of a
proposed Administrative Order On Consent (AOC) for recovery of certain
past response costs concerning the Northwest Oil Drain (NWOD) Superfund
Site in Salt Lake City, Utah, with the Union Pacific Railroad Company
(UPRR), Respondent. The settlement requires UPRR to pay $100,000.00 to
the Hazardous Substance Superfund for partial payment of past response
costs incurred by EPA. The settlement includes a covenant not to sue
the Respondent pursuant to Sections 106 and 107 (a) of CERCLA, 42
U.S.C. 9606 and 9607(a), Sections 309(b) and 311 of the Clean Water
Act, 42 U.S.C. 1319 and 1321, and Section 1002 (a) and (b)(1) of the
Oil Pollution Act of 1990, 33 U.S.C. 2702(a) and (b)(1), for the Site,
for the Matters Addressed in the AOC. The AOC also provides that
Respondent is entitled to contribution protection for Matters
Addressed, as provided by Section 113(j) of CERCLA, 42 U.S.C. 9613(j).
The NWOD is located in northern Salt Lake County and in Davis
County, northwest of downtown Salt Lake City, Utah. The NWOD was
constructed in the 1920's and was used to convey stormwater and
industrial and municipal discharges into the Great Salt Lake.
Presently, the NWOD is composed of a series of former and existing
unlined canals including a flowing and open section and a non-flowing
section. The sludge/sediment in the NWOD contains elevated
concentrations of organic contaminants and metals.
For thirty (30) days following the date of publication of this
notice, the Agency will receive written comments relating to the
settlement. The Agency will consider all comments received and may
modify or withdraw its consent to the settlement if comments received
disclose facts or considerations which indicate that the settlement is
inappropriate, improper, or inadequate. The Agency's response to any
comments received will be available for public inspection at the Day-
Riverside Branch Library, 1575 West 1000 North, Salt Lake City, Utah,
and at the Superfund Records Center, EPA Region 8, 999 18th Street,
Suite 300, Denver, Colorado.
DATES: Comments must be submitted on or before April 2, 2004.
ADDRESSES: The proposed settlement is available for public inspection
at the Superfund Records Center, EPA Region 8, 999 18th Street, Suite
300, Denver, CO 80202-2466, (303) 312-6473, and at the Day-Riverside
Branch Library, Salt Lake City, Utah. Comments should be addressed to
James M. Stearns, (8ENF-L), Enforcement Attorney, U.S. Environmental
Protection Agency, Region 8, 999 18th Street, Suite 300, Denver, CO
80202-2466, and should reference the Administrative Order on Consent,
Respondent UPRR, Northwest Oil Drain Superfund Site, Salt Lake City,
Utah.
FOR FURTHER INFORMATION CONTACT: James M. Stearns, (8ENF-L),
Enforcement Attorney, U.S. Environmental Protection Agency, Region 8,
999 18th Street, Suite 300, Denver, CO 80202-2466, (303) 312-6912.
SUPPLEMENTARY INFORMATION: An earlier AOC, EPA Docket No. CERCLA-08-
2003-0014, was entered into by Respondents Salt Lake City Corporation,
Salt Lake County, BP Products North America Inc., and Chevron U.S.A.
Inc. (``NWOD PRP Group''), to perform response activities to remove
contaminated sludge/sediment in the NWOD and to pay certain past
response costs. The proposed settlement with UPRR includes a covenant-
not-to-sue with respect to Future Response Costs and the work to be
performed at the Site. The covenant-not-to-sue will only take effect
upon certification by UPRR that it has performed or paid for the
performance of its proportionate share of the work to be performed by
the NWOD PRP Group.
[[Page 10043]]
Dated: February 17, 2004.
Carol Rushin,
Assistant Regional Administrator, Office of Enforcement, Compliance,
and Environmental Justice.
[FR Doc. 04-4699 Filed 3-2-04; 8:45 am]
BILLING CODE 6560-50-P