[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]


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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.

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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]
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