[Federal Register Volume 73, Number 21 (Thursday, January 31, 2008)]
[Notices]
[Page 5870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-410]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on January 16, 2008, a proposed Consent 
Decree in United States v. Boston & Maine Corp., et al. (D. Mass.) No. 
1:08-cv-10062-MBB, was lodged with the United States District Court for 
the District of Massachusetts.
    In this action, the United States sought the recovery of response 
costs pursuant to Section 107(a) of the Comprehensive Environmental 
Response, Compensation, and Recovery Act, as amended (``CERCLA''), 42 
U.S.C. 9607(a), and the performance of response actions for Operable 
Unit 3 of the Iron Horse Park Superfund Site from Defendants Boston & 
Maine Corp. (``B&M''), BNZ Materials, Inc. (``BNZ''), and the 
Massachusetts Bay Transportation Authority (``MBTA''). Pursuant to the 
proposed Consent Decree, B&M, BNZ, and MBTA agree to perform the 
remedial action for Operable Unit 3 at the Site, estimated to cost a 
total of $23.53 million, and to pay all of U.S. Environmental 
Protection Agency's (``EPA's'') future response costs. EPA has agreed 
to provide $2.5 million in preauthorized mixed funding to reimburse the 
Settling Defendants for a portion of the response actions to be 
performed. The proposed Consent decree provides the Settling Defendants 
with a covenant not to sue pursuant to Sections 106 and 107 of CERCLA, 
42 U.S.C. 9606 and 9607, and Section 7003 of the Resource Conservation 
and Recovery Act (``RCRA''), 42 U.S.C. 6973. The Commonwealth of 
Massachusetts is also a party to the Consent Decree, and it resolves 
the Commonwealth's claims against B&M, BNZ, and MBTA as well.
    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, and either e-mailed to 
[email protected] or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. Boston & Maine, et al. (D. Mass.) No., D.J. Ref. 90-
11-3-90/2. 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, 1 Courthouse Way, John Joseph Moakley Courthouse, 
Boston, MA 02210 and at the U.S. Environmental Protection Agency, 
Region 1, One Congress Street, Boston, Massachusetts 02114. During the 
public comment period, the Consent Decree, may also be examined on the 
following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Consent Decree may also 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 from the Censent Decree Library, please enclose a 
check in the amount of $104.25 (25 cents per page reproduction cost) 
payable to the U.S. Treasury, or if by email or fax, forward a check in 
that amount to the Consent Decree Library at the stated address. In 
requesting a copy exclusive of Appendices, please enclose a check in 
the amount of $14.75 (25 cents per page reproduction cost) payable to 
the U.S. Treasury.

Ronald Gluck,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 08-410 Filed 1-30-08; 8:45 am]
BILLING CODE 4410-15-M