Notice of Lodging of Proposed Settlement Agreement Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 12379 [E9-6443]

Agencies

• Department of Justice

[Federal Register Volume 74, Number 55 (Tuesday, March 24, 2009)]
[Notices]
[Page 12379]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6443]


-----------------------------------------------------------------------

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 March 13, 2009, a proposed Consent 
Decree and Settlement Agreement regarding certain sites in Montana was 
filed with the United States Bankruptcy Court for the Southern District 
of Texas in In re Asarco LLC, No. 05-21207 (Bankr. S.D. Tex.). The 
proposed Agreement entered into by the United States on behalf of the 
Environmental Protection Agency (EPA), the United States Department of 
the Interior (DOI), the state of Montana, and Asarco LLC provides, 
inter alia, for the establishment of a custodial trust, the transfer of 
certain properties to that trust, and funding of the trust with allowed 
administrative expense claims for administrative and site cleanup and 
restoration costs. The proposed Agreement provides the custodial trust 
with an allowed administrative expense claim of $8.9 million to cover 
its administrative costs and allowed administrative expense claims in 
the amount indicated for each of the following Sites to fund cleanup 
work: the Black Pine site, consisting of property owned by Asarco at or 
near the Black Pine Mine complex near Phillipsburg, Montana--$17.5 
million, the Mike Horse site, consisting of property owned by Asarco at 
portions of the Upper Blackfoot Mining Complex near Lincoln, Montana--
$10 million, the Iron Mountain site, consisting of property owned by 
Asarco at portions of the Iron Mountain/Flat Creek Mine complex near 
Superior, Montana--$1.9 million, and the East Helena site, consisting 
of all property owned by Debtors at or near East Helena, Montana--$100 
million. The proposed settlement also includes an allowed general 
unsecured claim of $5 million to Montana for compensatory natural 
resource damages.
    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 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 In re Asarco LLC, DJ Ref. No. 90-11-3-08633. 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 proposed Agreement may be examined at the Office of the United 
States Attorney for the Southern District of Texas, 800 North Shoreline 
Blvd, 500, Corpus Christi, TX 78476-2001, or at the office of 
the Environmental Protection Agency Region 8, 1595 Wynkoop, Denver, 
Colorado 80202. 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. A copy of 
the proposed Agreement 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 $15.50 (without 
attachments) or $39.00 (with attachments) (25 cents per page 
reproduction cost) payable to the U.S. Treasury.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section.
[FR Doc. E9-6443 Filed 3-23-09; 8:45 am]
BILLING CODE 4410-15-P