Notice of Lodging of Final Modification of 1994 Consent Decree With ASARCO Under the Comprehensive Environmental Response, Compensation, and Liability Act, 39720-39721 [E8-15648]

Download as PDF 39720 Federal Register / Vol. 73, No. 133 / Thursday, July 10, 2008 / Notices right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. The Commission notes that the patents at issue were the subject of earlier litigation, which raises the question of whether the complainant is precluded from asserting those patents. In instituting this investigation, the Commission has not made any determination as to whether the complainant is so precluded. Accordingly, the presiding administrative law judge may wish to consider this issue at an early date. Any such decision should be issued in the form of an initial determination (ID). The ID will become the Commission’s final determination 45 days after the date of service of the ID unless the Commission determines to review the ID. Any petitions for review of the ID must be filed within ten (10) days after service thereof. Any review will be conducted in accordance with Commission Rules 210.43, 210.44, and 210.45, 19 CFR 210.43, 210.44, and 210.45. By order of the Commission. Issued: July 3, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–15607 Filed 7–9–08; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE jlentini on PROD1PC65 with NOTICES Notice of Lodging of Final Consent Decree With Newmont USA Limited and Resurrection Mining Company Under the Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that on July 2, 2008, a Final Consent Decree with Newmont USA Limited and Resurrection Mining Company (‘‘Final Consent Decree’’) in State of Colorado v. ASARCO Incorporated et al., Civil Action No. 86–cv–1675–WYD (consolidated with 83–cv–2388–WYD) was lodged with the United States District Court for the District of Colorado. The United States and the State of Colorado previously entered into a VerDate Aug<31>2005 16:58 Jul 09, 2008 Jkt 214001 consent decree with Newmont Mining Corporation (now Newmont USA Limited, ‘‘Newmont’’) and Resurrection Mining Company (‘‘Resurrection’’) concerning, among other things, Newmont’s and Resurrection’s performance of response actions addressing areas designated as Operable Units (‘‘OUs’’) 4, 8 and 10 of the California Gulch Superfund Site located in Lake County, Colorado (‘‘Site’’). That consent decree was approved and entered by the United States District Court for the District of Colorado on August 26, 1994 (the ‘‘1994 Decree’’). The proposed Final Consent Decree implements a settlement of the remainder of the claims concerning the Site (as that term is defined in the Final Consent Decree) filed by the Plaintiffs. In general, pursuant to the terms of the Final Consent Decree, Newmont and Resurrection will: (1) Pay $2,000,000 in Past Response Costs, of which the United States will receive $1,813,200 and the State of Colorado will receive $186,800; (2) pay the United States $6,500,000 for OUs 11 and 12 and additional source control in OUs 4, 8, and 10; (3) pay $10,500,000 for natural resource damages, of which the United States will receive $5,250,000 and the State of Colorado will receive $5,250,000; (4) pay the future oversight costs incurred by the U.S. Environmental Protection Agency and the State of Colorado with respect to OUs 1, 4, 8 and 10; (5) implement the OU1 work plan; and (6) continue performance of the Operation and Maintenance Plan for OUs 4, 8 and 10. In addition, Newmont and Resurrection will, subject to the specific terms of the Final Decree, reclaim the Black Cloud Mine. The Final Consent Decree will resolve the Governments’ claims against Newmont and Resurrection at the Site and at the Black Cloud Mine, and replace the 1994 Decree. In exchange for their commitments under the Final Consent Decree Newmont and Resurrection receive covenants not to sue from the Governments. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Final Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed 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. Apache Energy and Minerals Company, D.J. Ref. 90–11–3–138. The Final Consent Decree may be examined at the Office of the United PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 States Attorney for the District of Colorado, 1225 Seventeenth Street, Suite 700, Denver, CO 80202, and at U.S. EPA Region 8, Superfund Records Center, 1595 Wynkoop St., Denver, CO 80202–1129. During the public comment period, the 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 Final 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 (tonia.fleetwood@usdoj.gov), fax no. (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy of the Final Consent Decree exclusive of appendices from the Consent Decree Library, please enclose a check in the amount of $20.50 payable to the U.S. Treasury or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. In requesting a copy of the Final Consent Decree with all appendices, please enclose a check in the amount of $138.75. Robert E. Maher, Jr., Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E8–15647 Filed 7–9–08; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Final Modification of 1994 Consent Decree With ASARCO Under the Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that on July 2, 2008, a Final Modification of 1994 Consent Decree with Asarco (‘‘Final Consent Decree Modification’’) in State of Colorado v. ASARCO Incorporated et al., Civil Action No. 86-cv-1675-WYD (consolidated with 83-cv-2388-WYD) was lodged with the United States District Court for the District of Colorado. The United States and the State of Colorado previously entered into a consent decree with ASARCO Incorporated (now ASARCO, LLC) (‘‘ASARCO’’) concerning, among other things, ASARCO’s performance of response actions at various Operable Units (‘‘OUs’’) of the California Gulch Superfund Site located in Lake County, Colorado (‘‘Site’’) including OUs 5, 7 and 9. That consent decree was approved and entered by the United E:\FR\FM\10JYN1.SGM 10JYN1 jlentini on PROD1PC65 with NOTICES Federal Register / Vol. 73, No. 133 / Thursday, July 10, 2008 / Notices States District Court for the District of Colorado on August 26, 1994 (the ‘‘1994 Decree’’). The 1994 Decree was modified concerning OU 9, and approved and entered by the United States District Court for the District of Colorado on May 1, 2008. The proposed Final Consent Decree Modification implements a settlement of the remainder of the claims concerning the Site filed by the Plaintiffs (as that term is defined in the Final Consent Decree Modification) in In re ASARCO LLC, et al., a bankruptcy case pending in the Southern District of Texas, Corpus Christi Division, Case No. 05– 21207 (the ‘‘Bankruptcy Case’’). In general, pursuant to the terms of the Final Consent Decree Modification, the United States, on behalf of the United States Environmental Protection Agency, shall have an allowed general unsecured claim in the Bankruptcy Case in the amount of $8,833,000 for past and future response costs. In addition, the United States, on behalf of the United States Department of the Interior, shall have an allowed general unsecured claim in the Bankruptcy Case in the amount of $5,000,000 for natural resource damages. Under the terms of the Final Consent Decree Modification, the State of Colorado shall have an allowed general unsecured claims in the amount of $467,000 for past and future response costs, and in the amount of $5,000,000 for natural resource damages. This Final Consent Decree Modification will resolve the Governments’ claims against ASARCO with respect to the Site. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Final Consent Decree Modification. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed 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. Apache Energy and Minerals Company, D.J. Ref. 90–11–3–138. The Final Consent Decree Modification may be examined at the Office of the United States Attorney for the District of Colorado, 1225 Seventeenth Street, Suite 700, Denver, CO 80202, and at U.S. EPA Region 8, Superfund Records Center, 1595 Wynkoop St., Denver, CO 80202–1129. During the public comment period, the 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 Final Consent Decree Modification may VerDate Aug<31>2005 16:58 Jul 09, 2008 Jkt 214001 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 emailing 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 $9.00 payable to the U.S. Treasury or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. Robert E. Maher, Jr., Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E8–15648 Filed 7–9–08; 8:45 am] BILLING CODE 4410–CW–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act In accordance with 28 CFR 50.7 and Section 122 of the Comprehensive Environmental Response, Compensation and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9622, the Department of Justice gives notice that a proposed Consent Decree, in United States and the State of Illinois v. Hamilton Sundstrand Corporation, Civil No. 08–CV–50129 (N.D. Ill.), was lodged with the United States District Court for the Northern District of Illinois on July 3, 2008, pertaining to Source Area 9/10 (the ‘‘Site’’) of the Southeast Rockford Groundwater Contamination Superfund Site (‘‘SERGWCS Site’’), located in Rockford, Winnebago County, Illinois. In this action, the United States and the State of Illinois brought civil claims under Sections 106, 107 and 113(g)(2) of CERCLA, 42 U.S.C. 9606, 9607 and 9613(g)(2), against Hamilton Sundstrand Corporation (‘‘Settling Defendant’’) for implementation of remedial action and recovery of response costs incurred and to be incurred by the United States and the State of Illinois at the Site. Under the proposed Consent Decree, the Settling Defendant is obligated to implement the remedy selected by the U.S. Environmental Protection Agency (‘‘EPA’’) in the SERGWCS Site source control Record of Decision (‘‘ROD’’) for the Hamilton Sundstrand property portion of the Site, and to pay the United States’ and the State of Illinois’ Interim Response Costs and Future Response Costs related to that property portion, including costs of overseeing PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 39721 the implementation of the remedial action. The Department of Justice will receive, for a period of thirty (30) days from the date of this publication, comments relating to the proposed Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to United States Department of Justice, P.O. Box 7611, Washington, DC 20044–7611, and should refer to United States and the State of Illinois v. Hamilton Sundstrand Corporation, Civil No. 08–CV–50129 (N.D. Ill.), and DOJ Reference No. 90–11–3–945/3. The proposed Consent Decree may be examined at: (1) The Office of the United States Attorney for the Northern District of Illinois, Rockford Division, 308 West State Street, Suite 300, Rockford, Illinois 61101, (815) 987– 4444; and (2) the United States Environmental Protection Agency (Region 5), 77 West Jackson Blvd., Chicago, IL 60604–3507 (contact: Tom Turner (312) 886–6613). During the public comment period, the proposed Consent Decree may also be examined on the following U.S. Department of Justice Web site, http:// www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the proposed Consent Decree may also be obtained by mail from the Consent Decree Library, U.S. Department of Justice, P.O. Box 7611, 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 no. (202) 514–1547. In requesting a copy from the Consent Decree Library, please refer to the referenced case and DOJ Reference Number and enclose a check in the amount of $23.50 for the Consent Decree only (94 pages, at 25 cents per page reproduction costs), or in the amount of $267.50 for the Consent Decree and Appendices (1,070 pages), made payable to the U.S. Treasury or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. William D. Brighton, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E8–15645 Filed 7–9–08; 8:45 am] BILLING CODE 4410–CW–P E:\FR\FM\10JYN1.SGM 10JYN1

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[Federal Register Volume 73, Number 133 (Thursday, July 10, 2008)]
[Notices]
[Pages 39720-39721]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15648]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Final Modification of 1994 Consent Decree 
With ASARCO Under the Comprehensive Environmental Response, 
Compensation, and Liability Act

    Notice is hereby given that on July 2, 2008, a Final Modification 
of 1994 Consent Decree with Asarco (``Final Consent Decree 
Modification'') in State of Colorado v. ASARCO Incorporated et al., 
Civil Action No. 86-cv-1675-WYD (consolidated with 83-cv-2388-WYD) was 
lodged with the United States District Court for the District of 
Colorado.
    The United States and the State of Colorado previously entered into 
a consent decree with ASARCO Incorporated (now ASARCO, LLC) 
(``ASARCO'') concerning, among other things, ASARCO's performance of 
response actions at various Operable Units (``OUs'') of the California 
Gulch Superfund Site located in Lake County, Colorado (``Site'') 
including OUs 5, 7 and 9. That consent decree was approved and entered 
by the United

[[Page 39721]]

States District Court for the District of Colorado on August 26, 1994 
(the ``1994 Decree''). The 1994 Decree was modified concerning OU 9, 
and approved and entered by the United States District Court for the 
District of Colorado on May 1, 2008.
    The proposed Final Consent Decree Modification implements a 
settlement of the remainder of the claims concerning the Site filed by 
the Plaintiffs (as that term is defined in the Final Consent Decree 
Modification) in In re ASARCO LLC, et al., a bankruptcy case pending in 
the Southern District of Texas, Corpus Christi Division, Case No. 05-
21207 (the ``Bankruptcy Case''). In general, pursuant to the terms of 
the Final Consent Decree Modification, the United States, on behalf of 
the United States Environmental Protection Agency, shall have an 
allowed general unsecured claim in the Bankruptcy Case in the amount of 
$8,833,000 for past and future response costs. In addition, the United 
States, on behalf of the United States Department of the Interior, 
shall have an allowed general unsecured claim in the Bankruptcy Case in 
the amount of $5,000,000 for natural resource damages. Under the terms 
of the Final Consent Decree Modification, the State of Colorado shall 
have an allowed general unsecured claims in the amount of $467,000 for 
past and future response costs, and in the amount of $5,000,000 for 
natural resource damages. This Final Consent Decree Modification will 
resolve the Governments' claims against ASARCO with respect to the 
Site.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Final 
Consent Decree Modification. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and either e-mailed 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. Apache Energy and Minerals Company, 
D.J. Ref. 90-11-3-138.
    The Final Consent Decree Modification may be examined at the Office 
of the United States Attorney for the District of Colorado, 1225 
Seventeenth Street, Suite 700, Denver, CO 80202, and at U.S. EPA Region 
8, Superfund Records Center, 1595 Wynkoop St., Denver, CO 80202-1129. 
During the public comment period, the 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 Final Consent Decree 
Modification 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 
(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 $9.00 payable to the 
U.S. Treasury or, if by e-mail or fax, forward a check in that amount 
to the Consent Decree Library at the stated address.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
 [FR Doc. E8-15648 Filed 7-9-08; 8:45 am]
BILLING CODE 4410-CW-P