[Federal Register Volume 65, Number 133 (Tuesday, July 11, 2000)]
[Notices]
[Pages 42723-42724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17396]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Amendment To Consent Decree Under the 
Comprehensive Environmental Response, Compensation and Liability Act

    Under 28 CFR 50.7, notice is hereby given that on June 26, 2000, a 
proposed Amendment No. 1 to the Consent Decree (``Consent Decree 
Amendment'') in United States v. ASARCO Incorporated, Civil Action No. 
C91-5528B was lodged with the United States District Court for the 
Western District of Washington.
    In the original Consent Decree in this action, the United States 
settled claims against ASARCO Inc. (``Asarco'') under the Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA'') 
for reimbursement of response costs and implementation of remedial 
actions in connection with the Asraco Tacoma Smelter, an operable unit 
of the Commencement Bay Nearshore/Tideflats Superfund Site (``CB N/T 
Site'') in Ruston and Tacoma, Washington. Since entry of the Consent 
Decree, Asarco has been implementing the remedial action selected by 
EPA for the Asarco Tacoma Smelter. Amendment No. 1 adds lump sum 
stipulated penalties to be incurred by Asarco if it fails to meet 
certain revised deadlines for performing remedial actions at the Asarco 
Tacoma Smelter and with respect to sediments in Commencement Bay 
adjacent to the Smelter. The new stipulated penalties relate to revised 
deadlines by which Asarco must perform certain remedial actions at and 
near the Asarco Tacoma Smelter that were negotiated by EPA and Asarco 
and set forth in a Modification Agreement attached to the Consent 
Decree Amendment as Appendix A. In addition to delaying the schedule 
for Asarco's implementation of certain response actions at the Smelter, 
the Modification Agreement also allows for Asarco to reimburse response 
costs already incurred by EPA but not yet paid in three installments in 
2001, 2002, and 2003, with interest accruing on the unpaid balance. the 
Modification Agreement also modifies requirements under the Consent 
Decree in United States v. ASARCO Inc., Civil Action No. C94-5714 (W.D. 
Wash.), relating to the remediation of the Ruston/North

[[Page 42724]]

Tacoma Study Area by similarly delaying reimbursement of EPA's response 
costs with respect to that Decree, but requiring that Asarco increase 
the number of yards in Ruston and North Tacoma that it performs 
remedial actions on each year. The Modification Agreement also requires 
Asarco to treat discharges from the Edwards and City stormwater 
outfalls into Commencement Bay and to dispose of marine sediments 
dredged from the marina adjacent to the Smelter under the Smelter site-
wide cap if EPA selects such dredging and disposal in its Record of 
Decision for remediation of Asarco off-shore sediments.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree Amendment. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States v. ASARCO Inc., D.J. Ref. No. 90-11-2-698A.
    The Consent Decree Amendment may be examined at the Office of the 
United States Attorney, 601 Union Street, Suite 5100, Seattle 98101-
3903, and at U.S. EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101. 
A copy of the Consent Decree Amendment may also be obtained by mail 
from the Consent Decree Library, P.O. Box 7611, U.S. Department of 
Justice, Washington, DC 20044-7611. In requesting a copy, please 
enclose a check in the amount of $4.00 (25 cents per page reproduction 
cost) payable to the Consent Decree Library.

Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 00-17396 Filed 7-10-00; 8:45 am]
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