[Federal Register Volume 75, Number 173 (Wednesday, September 8, 2010)]
[Notices]
[Page 54651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22267]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Amendment

    In accordance with Departmental Policy, 28 CFR 50.7, notice is 
hereby given that a proposed First Amendment to RD/RA Consent Decree in 
United States of America et al. v. FMC Corporation and J.R. Simplot 
Company, Civil Action No. 99-296-E-BLW (D. Idaho), was lodged with the 
United States District Court for the District of Idaho on August 31, 
2010. The proposed First Amendment to the RA/RA Consent Decree amends 
the consent decree entered on May 9, 2002, by requiring defendant J.R. 
Simplot Company (``Simplot'') to implement EPA's January 20, 2010 
Interim Record of Decision Amendment for the Simplot Operable Unit of 
the Eastern Michaud Flat Superfund Site.
    Under the proposed First Amendment to RD/RA Consent Decree, Simplot 
will implement EPA's January 20, 2010 Interim Record of Decision 
Amendment according to a Scope of Work which is attached to the First 
Amendment to RD/RA Consent Decree. Work to be performed by Simplot 
under the proposed First Amendment to RD/RA Consent Decree includes: An 
assessment of ongoing and past releases of contaminants of concern 
(including phosphorus) at or near Simplot's phosphoric acid plant; the 
development and implementation of a verifiable plan to control the 
sources of phosphorus and other contaminants of concern within the 
Simplot operable unit; the installation of a synthetic liner on the 
receiving surface of the gypsum stack to reduce water from infiltrating 
through the stack into groundwater; and the continued development, 
operation, maintenance, and augmentation, to the extent necessary, of 
the groundwater extraction system to keep contaminant of concern levels 
at or below cleanup standards. The installation of the liner will be 
performed in three phases over a 5 year period. The installation of the 
enhanced groundwater extraction and monitoring system will be completed 
in a similar time frame. The estimated cost for implementing the 
selected amended remedy is approximately $50 million. The proposed 
First Amendment to RD/RA Consent Decree includes a covenant not to sue 
by the United States for the work under Sections 106 and 107 of the 
Comprehensive Environmental Response, Compensation and Liability Act, 
42 U.S.C. 9601 et seq. (``CERCLA''), and under Section 7003 of the 
Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973.
    The Department of Justice will receive written comments relating to 
the proposed Consent Decree Amendment for a period of thirty (30) days 
from the date of publication of this notice. 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 
of America et al. v. FMC Corporation and J.R. Simplot Company, DJ 
Reference No. 90-11-3-10054. 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 Amendment may be examined at the Office of the 
United States Attorney, District of Idaho, Washington Group Plaza IV, 
800 Park Blvd., Suite 600, Boise, ID 83712. During the public comment 
period, the Consent Decree Amendment 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 Amendment 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 Consent Decree Library, please enclose a 
check in the amount of $24 (25 cents per page reproduction cost) 
payable to the United States Treasury or, if requesting by e-mail or 
fax, forward a check in that amount to the Consent Decree Library at 
the stated address.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division, United States Department of Justice.
[FR Doc. 2010-22267 Filed 9-7-10; 8:45 am]
BILLING CODE 4410-15-P