[Federal Register Volume 71, Number 158 (Wednesday, August 16, 2006)]
[Notices]
[Pages 47246-47247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6945]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Second Amendment to Consent Decree Involving 
Point Ruston, LLC and Asarco LLC Under the Comprehensive Environmental 
Response Compensation, and Liability Act

    Notice is hereby given that on July 27, 2006, a proposed amendment 
to the existing consent decree (the ``Second Amendment'') in United 
States v. Asarco Inc., Civil Action No. C91-5528B was lodged with the 
United States District Court for the Western District of Washington.
    This Second Amendment involves the potential sales of property 
owned by

[[Page 47247]]

ASARCO LLC to Point Ruston LLC, which property is part of the 
Commencement Bay Nearshore/Tideflats Superfund Site. Under the terms of 
the Second Amendment should Point Ruston LLC, complete its proposed 
purchase of the Purchased Property, Point Ruston shall (a) assume the 
clean-up obligations on the property it is purchasing from Asarco and 
(b) assume certain clean-up obligations at the Site on property not 
owned by Asarco that is adjacent to the Purchased Property. The Second 
Amendment is also conditioned upon approval of a lien resolution 
agreement. Under the Lien Agreement, the United States will release its 
existing CERCLA lien in return for a payment of $1,500,000 at closing 
and contingent payments that could total $4,000,000 based on revenue 
from the development of the property.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Second 
Amendment. Comments should be addressed to the Assistance Attorney 
General, Environment and Natural Resources Division, P.O. Box 7611, 
U.S. Department of Justice, Washington, DC 20044-7611, and should refer 
United States v. Asarco Inc., Civil Action No. C91-5528B, D.J. Ref. 90-
11-2-698A. Public meeting will be held in the affected area, in 
accordance with Section 7003(d) of RCRA, 42 U.S.C. 6973(d) at the 
following times: Tuesday, August 22, 2006, 2 to 4 p.m. and 6 to 8 p.m. 
The location of the meetings shall be: the Asarco Information Center 
(old Ruston school), 5219 North Shirley, Ruston, WA.
    The Second Amendment may be examined at the Office of the United 
States Attorney, Western District of Washington, 700 Stewart St., Suite 
5220, Seattle, WA, and at U.S. EPA Region 10, 1200 6th Ave., Seattle, 
WA. During the public comment period, the Second Amendment, may also be 
examined on the following Department of Justice, Web site, http://www.usdoj.gov/enrd/Consent --Decrees.html. A copy of the Second 
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 or 
by faxing or e-mailing a request to Tonia Fleetwood 
([email protected]), 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 $8.50 (25 cents per 
page reproduction cost--not including the voluminous attachments) 
payable to the U.S. Treasury or, if by email or fax, forward a check in 
that amount to the Consent Decree Library at the stated address.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 06-6945 Filed 8-15-06; 8:45am]
BILLING CODE 4410-15-M]