[Federal Register Volume 60, Number 3 (Thursday, January 5, 1995)]
[Notices]
[Pages 1800-1801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-184]



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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act and the 
Resource Conservation and Recovery Act; ASARCO Inc.

    In accordance with Department of Justice Policy, 28 CFR 50.7, 38 FR 
19029, and 42 U.S.C. 9622(d), notice is hereby given that on December 
23, 1994, a proposed Consent Decree was lodged with the United States 
District Court for [[Page 1801]] the Western District of Washington in 
United States v. ASARCO Inc., Civil Action No. C94-5714RJB. The 
proposed Consent Decree settles claims asserted by the United States at 
the request of the United States Environmental Protection Agency (EPA) 
for releases of hazardous substances at the Ruston/North Tacoma Study 
Area operable unit of the Commencement Bay Nearshore/Tideflats 
Superfund Site in the Town of Ruston and City of Tacoma, Washington. 
The defendant in the action is ASARCO Incorporated (Asarco). The claims 
of the United States on behalf of EPA are based upon contamination of 
the Ruston/North Tacoma Study Area (the Study Area), an area of 
approximately 950 acres that lies within approximately a one mile 
radius of the former Asarco smelter.
    In the complaint, the United States asserted claims against Asarco 
pursuant to Sections 106 and 107(a) of the Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA), as amended, 42 
U.S.C. 9606 and 9607(a), and Section 7003 of the Resource Conservation 
and Recovery Act (RCRA), 42 U.S.C. 6973, for injunctive relief to abate 
an imminent and substantial endangerment to public health or welfare or 
the environment due to the release or threatened release of hazardous 
substances at the Study Area. The United States also sought recovery of 
costs that have been and will be incurred in response to releases and 
threatened releases of hazardous substances at the Study Area.
    Pursuant to the Consent Decree, Asarco has agreed to sample 
properties and areas within the Study Area, excavate soil and slag from 
properties that exceed action levels for lead and arsenic, and replace 
excavated soil and slag with clean soil and gravel. The estimated value 
of the work to be performed is $26 million. Asarco will also develop 
and implement a community protection measures (CPM) program for the 
Study Area. The CPM program will contain provisions to ensure the 
integrity of clean soil caps where they are placed over contaminated 
soil that is deeper than the maximum depth to which Asarco must 
excavate, and to inform current and future property owners wherever a 
clean soil cap covering contaminated soil exists on their property. The 
CPM program will also advise residents how to reduce exposure to soils 
that are not removed but that contain concentrations of arsenic or lead 
that exceed either action levels or levels commonly found in urban 
areas. The Consent Decree further requires Asarco to develop and 
implement a soil testing, collection and disposal program to apply when 
contaminated soil is excavated in the future from beneath a clean cap 
or other area where contaminated soil remains, including from areas 
beneath roadways and other hard surfaces. Asarco will also reimburse 
EPA for $2,668,443 in past response costs that EPA has incurred in the 
Study Area and will reimburse EPA for all of its future response costs.
    In exchange, Asarco will receive a covenant not to sue from the 
United States with respect to the Study Area for claims pursuant to 
Sections 106 and 107(a) of CERCLA and Section 7003 of RCRA, 42 U.S.C. 
6973.
    The Department of Justice will receive written comments relating to 
the proposed Consent Decree for thirty (30) days from the date of 
publication of this notice. Comments should be addressed to the 
Assistant Attorney General of the Environment and Natural Resources 
Division, U.S. Department of Justice, Washington, D.C. 20530, and 
should refer to United States v. ASARCO Inc., D.J. Ref. No. 90-11-2-
698C.
    The proposed Consent Decree and exhibits may be examined at the 
following locations: the Region 10 Office of EPA, 7th Floor Records 
Center, 1200 Sixth Avenue, Seattle, WA 98101; ASARCO Information 
Center, 5311 North Commercial, Ruston, Washington 98407; the Tacoma 
Public Library, Main Branch, 1102 Tacoma Avenue South, Northwest Room, 
Tacoma, WA 98402; and Citizens for a Healthy Bay, 771 Broadway, Tacoma, 
WA 98402. The complete Administrative Record for the Ruston/North 
Tacoma Study Area may be reviewed at the EPA Region 10 office in 
Seattle and at the Main Branch of the Tacoma Public Library.
    A copy of the Consent Decree and exhibits (if requested) may be 
obtained in person or by mail from the Consent Decree Library, 1120 G 
Street, N.W., 4th Floor, Washington, D.C. 20005, (202) 624-0892. In 
requesting copies, please enclose a check in the amount of $20.25 
(without exhibits) or $202.50 (with exhibits) (25 cents per page 
reproduction cost) payable to the ``Consent Decree Library.''
Bruce Gelber,
Acting Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 95-184 Filed 1-4-95; 8:45 am]
BILLING CODE 4410-01-M