[Federal Register Volume 63, Number 33 (Thursday, February 19, 1998)]
[Notices]
[Page 8473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4209]


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DEPARTMENT OF JUSTICE


Notice of Consent Decrees Under the Clean Water Act and Resource 
Conservation and Recovery Act

    Notice is hereby given that a consent decree in United States v. 
ASARCO, Inc., Civil Action No. CV-98-3-H-CCL (D. Mont.) and a consent 
decree in United States v. ASARCO, Inc., Civil Action No. CV-98-0137-
PHX-ROS (D. Ariz.) were lodged with the United States District Courts 
for the District of Montana and District of Arizona respectively on 
January 23, 1998.
    In these actions the United States sought injunctive relief and 
civil penalties under Section 309 (b) and (d) of the Clean Water Act 
(``CWA''), 33 U.S.C. 1319 (b) and (d), and Section 3008(a) of the 
Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6928(a). 
The consent decree lodged in the District of Montana (``Montana 
decree'') resolves civil penalty claims of the United States against 
ASARCO, Inc. (``ASARCO'') under the CWA for alleged unpermitted 
discharges at ASARCO's smelter facility in East Helena, Montana. The 
Montana decree also resolves civil penalty and injunctive relief claims 
of the United States against ASARCO under RCRA for alleged violations 
of hazardous waste regulations associated with materials acceptance and 
management practices at ASARCO's East Helena smelter facility. The 
decree lodged in the District of Arizona (``Arizona decree'') resolves 
injunctive relief and civil penalty claims of the United States against 
ASARCO under the CWA for alleged permit violations and unpermitted 
discharges at ASARCO's Ray Mine complex located near Kearny, Arizona.
    The Montana decree requires ASARCO to: institute improved materials 
screening and management procedures at each of its four smelters 
nationwide; perform a comprehensive RCRA corrective action 
investigation and, as appropriate, remediation at ASARCO's East Helena 
smelter facility; implement an improved environmental management system 
nationwide; and, pay a civil penalty to the United States of $3,386,100 
and perform a wetlands restoration project at ASARCO's East Helena 
smelter facility for alleged past violations of the CWA and RCRA at 
that facility.
    The Arizona decree requires ASARCO to: Perform construction 
projects to address alleged permit violations and unpermitted 
discharges at ASARCO's Ray Mine complex; and, pay civil penalties to 
the United States and State of Arizona totaling $3 million for alleged 
past violations of the CWA at ASARCO's Ray Mine complex.
    The Department of Justice will accept written comments relating to 
the proposed consent decrees for thirty (30) days from the date of 
publication of this notice. Please address comments to the Assistant 
Attorney General, Environment and Natural Resources Division, 
Department of Justice, P.O. Box 7611, Ben Franklin Station, Washington, 
D.C. 20044 and refer to United States v. ASARCO, Inc. (D.Mt.), DJ Ref. 
#s: 90-5-1-1-4323, 90-7-1-890 and 90-7-1-886, and/or, United States v 
ASARCO, Inc. (D. Az.), DJ Ref. #s: 90-5-1-1-3822 and 90-7-1-886.
    Copies of the proposed Montana decree may be examined at the Office 
of the United States Attorney, Suite 400, 2929 3rd Avenue, N., 
Billings, Montana, 59103; at the U.S. Environmental Protection Agency, 
Montana Operations Office, Federal Building, 301 South Park Street, 
Helena, Montana 59626; and, at the U.S. Environmental Protection 
Agency, Region VIII, 999 18th Street, Denver, Colorado 80202. Copies of 
the proposed Arizona decree may be examined at the Office of the United 
States Attorney, 1275 West Washington, Phoenix, Arizona 85007; and, at 
the U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, California, 94105.
    Copies of both proposed consent decrees may be examined at the 
Consent Decree Library, 1120 G Street, N.W., 4th Floor, Washington, 
D.C. 20005, (202) 624-0892. A copy of the consent decrees may also be 
obtained in person or by mail at the Consent Decree Library, 1120 G 
Street, N.W., 4th Floor, Washington, D.C. 20005. When requesting a copy 
of the Montana decree by mail, please enclose a check in the amount of 
$44.75 for a copy including exhibits, or $28.00 for a copy excluding 
exhibits (twenty-five cents per page reproduction costs) payable to the 
``Consent Decree Library.'' When requesting a copy of the Arizona 
decree by mail, please enclose a check in the amount of $29.00 for a 
copy including exhibits, or $9.00 for a copy excluding exhibits 
(twenty-five cents per page reproduction costs) payable to the 
``Consent Decree Library.''
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division, Department of Justice.
[FR Doc. 98-4209 Filed 2-18-98; 8:45 am]
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