RAMP Public Comment Response Statement 01222008 FINAL

Governments’ Responses to Informal Public Comments on the Response Action Maintenance Plan January 22, 2008 The U.S. Environmental Protection Agency, the State of Idaho and the Coeur d’Alene Tribe (collectively “the Governments”) have approved the final Response Action Maintenance Plan (“RAMP”), which is posted simultaneously with this statement. The RAMP may be modified in the future by the Governments based on the modification provisions in the RAMP. From November 20, 2006 through December 4, 2006, the Governments provided the RAMP for an informal public comment period. Written comments were received from 1five individuals and the Benewah County Commissioners. Although not required by any applicable legal requirement, the Governments have considered those comments and provide the following responses. The written comments received did not raise any new substantive technical issues 2regarding activities under the RAMP. The majority of the comments raised legal issues about the Governments’ scope of authority under the RAMP and the Consent Decree entered by Judge Lodge in United States of America and State of Idaho v. Union Pacific Railroad Company and Coeur d'Alene Tribe v. Union Pacific Railroad Company, Case number 91-0342-N-EJL (“Consent Decree”). 1 The deadline for receipt of informal comments was December 4, 2006. However, the Governments considered all ...