[Federal Register Volume 73, Number 32 (Friday, February 15, 2008)]
[Notices]
[Page 8904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-670]


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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 January 25, 2008, a proposed 
Settlement Agreement regarding the Butte Mine Flooding Superfund Site, 
also knows as the Berkley Pit Site, was filed with the United States 
District Court of Montana in United States v. Atlantic Richfield, Civ. 
Action No. 02-35-BU-SEH (D. Mont.) The proposed Settlement Agreement, 
which was approved by the Bankruptcy Court for the Southern District of 
Texas, pertains primarily to ASARCO's liability at this site under a 
consent decree previously entered by the United States District Court 
in Montana on August 14, 2002. The terms of the Settlement Agreement 
require an additional approval by the United States District Court in 
Montana, following a period of public comment, for the Settlement 
Agreement to become effective.
    The proposed Settlement Agreement reflects an agreement among 
ASARCO, the United States, the State of Montana, and another defendant 
at the Butte Mine Flooding Site--Montana Resources Incorporated 
(``MRI''). Under the terms of the Agreement, MRI will receive an 
allowed general unsecured claim against ASARCO of $8.67 million, which 
MRI can use only toward cleanup of the Butte Mine Flooding Site, which 
is proceeding under the Comprehensive Environmental Response, 
Compensation, and Liability Act (``CERCLA''), as amended, 42 U.S.C. 
9601-9675. MRI is also allowed other claims relating to the Butte Mine 
Flooding Site under the Settlement Agreement. In exchange for MRI's 
allowed claims, the obligations of ASARCO and its subsidiary, AR 
Montana, under the Butte Mine Flooding Consent Decree will be deemed to 
be fully resolved and satisfied, and ASARCO will be removed as a party 
to the decree, subject to certain conditions set forth in the 
Settlement Agreement.
    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 emailed to [email protected] or mailed to P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States v. Atlantic Richfield, DJ Ref. No. 90-11-2-430.
    The proposed Agreement may be examined at the office of the United 
States Attorney for the District of Montana, 2929 Third Avenue North, 
Suite 400, Billings, Montana 59101, and at the U.S. EPA Region VIII 
Montana Office, Federal Building, 10 West 15th Street, Suite 3200, 
Helena, Montana 59624. During the public comment period, the proposed 
Agreement may also be examined on the following Department of Justice 
Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. In addition, 
a copy of the proposed Agreement may 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 $5.00 
(25 cents per page reproduction costs) payable to the U.S. Treasury.

W. Benjamin Fisherow,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 08-670 Filed 2-14-08; 8:45 am]
BILLING CODE 4410-15-M