[Federal Register Volume 69, Number 111 (Wednesday, June 9, 2004)]
[Notices]
[Page 32371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13043]



[[Page 32371]]

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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation and Liability Act (``CERCLA'') for 
Settlement of Response Costs and Performance of Response Actions at 
Tongass National Forest Sites

    Pursuant to 28 CFR 50.7, notice is hereby given that on May 20, 
2004, a Consent Decree United States v. Ketchikan Pulp Company, Docket 
No. A04-0104 CV (JKS) was lodged with the United States District Court 
for the District of Alaska.
    In this action brought pursuant to section 107 and 113 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (``CERCLA'', 42 U.S.C. 9607 and 9613, the United States is 
seeking: (1) reimbursement of response costs incurred and to be 
incurred for actions to clean up hazardous substances at six sites in 
the Tongass National Forest where Ketchikan Pulp Company (``KPC'') 
previously conducted logging and associated operations under a long-
term timber sale contract (``Contract'') with the United States 
Department of Agriculture, Forest Service (``Forest Service''); and (2) 
declaratory relief that KPC will be liable for any future response 
costs incurred by the United States with respect to those sites. In 
addition, the United States is seeking, pursuant to AS 46.03.822(a), 
recovery of damages incurred in connection with the cleanup of 
petroleum contamination at an additional sixteen sites formerly 
operated by KPC in the Tongass National Forest.
    The Consent Decree requires KPC to complete cleanup work at three 
sites--East Twelve Mile, Ratz Harbor, and Francis Cove--under CERCLA 
administrative orders on consent previously issued by the Forest 
Service and to perform an additional removal action at the Naukati 
Site. The Decree also requires the Forest Service to undertake 
operation, maintenance, and monitoring activities selected by the 
Forest Service in the Thorne Bay Landfills Site Action Memorandum dated 
February 9, 2004, as supplemented on March 5, 2004, and any additional 
activities selected in that Action Memorandum to address the seeps 
containing iron and manganese identified in the Action Memorandum. The 
parties agreed in the Decree to a 50%-50% allocation of any future 
response costs incurred at the Thorne Bay Landfills Site as a result of 
new information or unknown conditions. The Decree includes reciprocal 
convenants not to sue for response and removal costs pertaining to 
twenty-three former logging facilities and the Connell Dam Site without 
payment by either side, subject to a ``reopener'' for unknown 
conditions or information which indicate that the response actions 
taken are not protective of human health and the environment. Finally, 
the Decree binds KPC's parent, Louisiana-Pacific Corporation, to 
guarantee performance of KPC's obligations arising out of the rights 
the United States has reserved under the Decree, including those 
arising out of unknown conditions or new information through December 
31, 2013, or, at the Thorne Bay Landfills Site, through December 31, 
2030.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, United States Department of 
Justice and sent to 801 B Street, Suite 504, Anchorage, Alaska 99501-
3657. Comments should refer to United States v. Ketchikan Pulp Company, 
D.J. Ref. 90-7-1-1-06974. During the public comment period, 
the Consent Decree may be examined during business hours at the same 
address by contacting Lorraine Carter (907-271-5452) or on the 
following Department of Justice Web site, http://www.usdoj.gov/enrd/open.html. The Consent Decree may also be examined at the Office of 
Aviation and Engineering Management, United States Department of 
Agriculture, Juneau, Alaska 99802, by contacting Deputy Director Ken 
Vaughan (907-586-8789). A copy of the Consent Decree may be obtained by 
mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of 
Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request 
to Tonia Fleetwood ([email protected]), fax no. (202) 514-0097, 
phone confirmation number (202) 514-1547. In requesting a copy by mail, 
please enclose a check in the amount of $8.00 (25 cents per page 
reproduction cost) payable to the U.S. Treasury. This amount does not 
include costs for reproduction of any of the seven appendices of the 
Consent Decree (identified on page 34). If you would like any of the 
appendices, please identify which one(s) and you will be contacted 
regarding the additional charge.

William D. Brighton,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 04-13043 Filed 6-8-04; 8:45 am]
BILLING CODE 4410-15-M