[Federal Register Volume 85, Number 167 (Thursday, August 27, 2020)]
[Notices]
[Page 53021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18722]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the 
Comprehensive Environmental Response, Compensation and Liability Act 
(CERCLA)

    On August 20, 2020, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of Montana in the lawsuit entitled United States and the State of 
Montana v. BNSF Railway Company, Civil Action No. 9:20-cv-00126-DLC.
    The proposed Consent Decree would resolve claims the United States 
and State of Montana have brought pursuant to Sections 106 and 107(a) 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act, 42 U.S.C. 9607(a), against the BNSF Railway Company 
(``BNSF'') related to the Operable Unit 6 (``OU6'') of the Libby 
Asbestos Superfund Site in Lincoln County, Montana.
    The Consent Decree requires BNSF to implement an operation and 
maintenance plan, a health and safety plan, and institutional controls 
to minimize risk to railroad workers and the surrounding community from 
low levels of asbestos within OU6. BNSF has paid the costs EPA incurred 
in overseeing implementation of the OU6 Record of Decision. The 
proposed Consent Decree requires BNSF to pay future costs incurred at 
OU6.
    The Consent Decree provides BNSF and certain related persons 
covenants not to sue relating to the OU6 under Sections 106 and 107 of 
CERCLA, 42 U.S.C. 9606 and 9607.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States and the State of Montana v. BNSF Railway 
Company, D.J. Ref. No. 90-11-2-07106/9. All comments must be submitted 
no later than thirty (30) days after the publication date of this 
notice. Comments may be submitted either by email or by mail:

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         To submit comments:                     Send them to:
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By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the Consent Decree upon written request and payment of reproduction 
costs. Please mail your request and payment to: Consent Decree Library, 
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $92.50 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy without the exhibits and signature pages, the cost is $8.25.

Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2020-18722 Filed 8-26-20; 8:45 am]
BILLING CODE 4410-15-P