Notice of Lodging of Proposed Settlement Agreement Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 8904 [08-670]

Download as PDF 8904 Federal Register / Vol. 73, No. 32 / Friday, February 15, 2008 / Notices conducting a full review.1 Accordingly, the Commission determined that it would conduct an expedited review pursuant to section 751(c)(3) of the Act. Staff report.—A staff report containing information concerning the subject matter of the review will be placed in the nonpublic record on March 3, 2008, and made available to persons on the Administrative Protective Order service list for this review. A public version will be issued thereafter, pursuant to section 207.62(d)(4) of the Commission’s rules. Written submissions.—As provided in section 207.62(d) of the Commission’s rules, interested parties that are parties to the review and that have provided individually adequate responses to the notice of institution,2 and any party other than an interested party to the review may file written comments with the Secretary on what determination the Commission should reach in the review. Comments are due on or before March 6, 2008, and may not contain new factual information. Any person that is neither a party to the five-year review nor an interested party may submit a brief written statement (which shall not contain any new factual information) pertinent to the review by March 6, 2008. However, should Commerce extend the time limit for its completion of the final results of its review, the deadline for comments (which may not contain new factual information) on Commerce’s final results is three business days after the issuance of Commerce’s results. If comments contain business proprietary information (BPI), they must conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s rules do not authorize filing of submissions with the Secretary by facsimile or electronic means. In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the review must be served on all other parties to the review (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. rwilkins on PROD1PC63 with NOTICES Authority: This review is being conducted under authority of title VII of the Tariff Act 1 A record of the Commissioners’ votes, the Commission’s statement on adequacy, and any individual Commissioner’s statements will be available from the Office of the Secretary and at the Commission’s Web site. 2 The Commission has found the response submitted by FMC Corporation to be individually adequate. Comments from other interested parties will not be accepted (see 19 CFR 207.62(d)(2)). VerDate Aug<31>2005 15:58 Feb 14, 2008 Jkt 214001 of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. By order of the Commission. Issued: February 11, 2008. Marilyn R. Abbott, Secretary. [FR Doc. E8–2848 Filed 2–14–08; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Settlement Agreement Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Notice is hereby given that on January 25, 2008, a proposed Settlement Agreement regarding the Butte Mine Flooding Superfund Site, also knows as the Berkley Pit Site, was filed with the United States District Court of Montana in United States v. Atlantic Richfield, Civ. Action No. 02–35–BU–SEH (D. Mont.) The proposed Settlement Agreement, which was approved by the Bankruptcy Court for the Southern District of Texas, pertains primarily to ASARCO’s liability at this site under a consent decree previously entered by the United States District Court in Montana on August 14, 2002. The terms of the Settlement Agreement require an additional approval by the United States District Court in Montana, following a period of public comment, for the Settlement Agreement to become effective. The proposed Settlement Agreement reflects an agreement among ASARCO, the United States, the State of Montana, and another defendant at the Butte Mine Flooding Site—Montana Resources Incorporated (‘‘MRI’’). Under the terms of the Agreement, MRI will receive an allowed general unsecured claim against ASARCO of $8.67 million, which MRI can use only toward cleanup of the Butte Mine Flooding Site, which is proceeding under the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’), as amended, 42 U.S.C. 9601–9675. MRI is also allowed other claims relating to the Butte Mine Flooding Site under the Settlement Agreement. In exchange for MRI’s allowed claims, the obligations of ASARCO and its subsidiary, AR Montana, under the Butte Mine Flooding Consent Decree will be deemed to be fully resolved and satisfied, and ASARCO will be removed as a party to the decree, subject to certain conditions set forth in the Settlement Agreement. PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 The Department of Justice will receive comments relating to the proposed Agreement for a period of thirty (30) days from the date of this publication. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either emailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United States v. Atlantic Richfield, DJ Ref. No. 90–11–2–430. The proposed Agreement may be examined at the office of the United States Attorney for the District of Montana, 2929 Third Avenue North, Suite 400, Billings, Montana 59101, and at the U.S. EPA Region VIII Montana Office, Federal Building, 10 West 15th Street, Suite 3200, Helena, Montana 59624. During the public comment period, the proposed Agreement may also be examined on the following Department of Justice Web site: https:// www.usdoj.gov/enrd/ Consent_Decrees.html. In addition, a copy of the proposed Agreement 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 (tonia.fleetwood@usdoj.gov), 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 $5.00 (25 cents per page reproduction costs) payable to the U.S. Treasury. W. Benjamin Fisherow, Deputy Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 08–670 Filed 2–14–08; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging Proposed Consent Decree In accordance with the Departmental Policy, 28 CFR 50.7, notice is hereby given that a proposed Consent Decree in United States v. David Arp and Triple Diamond Enterprises, LLC, (M.D. Fla.; 2:08–cv–82–JES–DNF), DJ # 90–5–1–1– 17895, was lodged with the United States District Court for the Middle District of Florida on January 31, 2008. This proposed Consent Decree concerns a complaint filed by the United States against David Arp and Triple Diamond Enterprises, LLC, pursuant to 33 U.S.C. 403, 1311(a) and 1344, to obtain injunctive relief from E:\FR\FM\15FEN1.SGM 15FEN1

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Department of Justice

[Federal Register Volume 73, Number 32 (Friday, February 15, 2008)]
[Notices]
[Page 8904]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-670]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on January 25, 2008, a proposed 
Settlement Agreement regarding the Butte Mine Flooding Superfund Site, 
also knows as the Berkley Pit Site, was filed with the United States 
District Court of Montana in United States v. Atlantic Richfield, Civ. 
Action No. 02-35-BU-SEH (D. Mont.) The proposed Settlement Agreement, 
which was approved by the Bankruptcy Court for the Southern District of 
Texas, pertains primarily to ASARCO's liability at this site under a 
consent decree previously entered by the United States District Court 
in Montana on August 14, 2002. The terms of the Settlement Agreement 
require an additional approval by the United States District Court in 
Montana, following a period of public comment, for the Settlement 
Agreement to become effective.
    The proposed Settlement Agreement reflects an agreement among 
ASARCO, the United States, the State of Montana, and another defendant 
at the Butte Mine Flooding Site--Montana Resources Incorporated 
(``MRI''). Under the terms of the Agreement, MRI will receive an 
allowed general unsecured claim against ASARCO of $8.67 million, which 
MRI can use only toward cleanup of the Butte Mine Flooding Site, which 
is proceeding under the Comprehensive Environmental Response, 
Compensation, and Liability Act (``CERCLA''), as amended, 42 U.S.C. 
9601-9675. MRI is also allowed other claims relating to the Butte Mine 
Flooding Site under the Settlement Agreement. In exchange for MRI's 
allowed claims, the obligations of ASARCO and its subsidiary, AR 
Montana, under the Butte Mine Flooding Consent Decree will be deemed to 
be fully resolved and satisfied, and ASARCO will be removed as a party 
to the decree, subject to certain conditions set forth in the 
Settlement Agreement.
    The Department of Justice will receive comments relating to the 
proposed Agreement for a period of thirty (30) days from the date of 
this publication. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
either emailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States v. Atlantic Richfield, DJ Ref. No. 90-11-2-430.
    The proposed Agreement may be examined at the office of the United 
States Attorney for the District of Montana, 2929 Third Avenue North, 
Suite 400, Billings, Montana 59101, and at the U.S. EPA Region VIII 
Montana Office, Federal Building, 10 West 15th Street, Suite 3200, 
Helena, Montana 59624. During the public comment period, the proposed 
Agreement may also be examined on the following Department of Justice 
Web site: https://www.usdoj.gov/enrd/Consent_Decrees.html. In addition, 
a copy of the proposed Agreement 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 (tonia.fleetwood@usdoj.gov), 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 $5.00 
(25 cents per page reproduction costs) payable to the U.S. Treasury.

W. Benjamin Fisherow,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 08-670 Filed 2-14-08; 8:45 am]
BILLING CODE 4410-15-M

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