[Federal Register Volume 73, Number 52 (Monday, March 17, 2008)]
[Notices]
[Pages 14269-14270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5230]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Modification of 1994 Consent Decree
Affecting Operable Unit 9 of the California Gulch Superfund Site Under
the Comprehensive Environmental Response, Compensation, and Liability
Act
Notice is hereby given that on March 11, 2008, a Modification of
1994 Consent Decree Affecting Operable Unit 9 (``Consent Decree
Modification'') in State of Colorado v. ASARCO Incorporated et al.,
Civil Action No. 86-cv-1675-WYD (consolidated with 83-cv-2388-WYD) was
lodged with the United States District Court for the District of
Colorado.
The United States previously entered into a consent decree with
ASARCO Incorporated (now ASARCO LLC)(''ASARCO'') concerning, among
other things, ASARCO's implementation of the remedial action addressing
residential soil contamination designated as Operable Unit 9 (``OU9'')
of the California Gulch Superfund Site located in Lake County,
Colorado. That consent decree was approved and entered by the United
States District Court for the District of Colorado on August 26, 1994
(the ``1994 Decree''). The proposed Consent Decree Modification
implements a settlement of that portion of the claim filed by the
United States in In re ASARCO LLC, a bankruptcy case pending in the
Southern District of Texas, Corpus Christi Division, Case No. 05-21207,
concerning OU9. Pursuant to the terms of the settlement ASARCO will pay
approximately $1 million to the United States, a trust fund established
by ASARCO to fund the remedial action addressing residential soil lead
contamination at the Site will be modified to provide sole access to
the account to the U.S. Environmental Protection Agency, the Colorado
Department of Public Health and Environment, and the Lake County Health
Department (pursuant to their separate agreement), and ASARCO will have
no further obligation for the implementation of the OU9 remedy.
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 Modification. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
either e-mailed to [email protected] or mailed to P.O. Box
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should
refer to United
[[Page 14270]]
States v. Apache Energy and Minerals Company, D.J. Ref. 90-11-3-138.
The Consent Decree Modification may be examined at the Office of
the United States Attorney for the District of Colorado, 1225
Seventeenth Street, Suite 700, Denver, CO 80202, and at U.S. EPA Region
8, Superfund Records Center, 1595 Wynkoop St., Denver, CO 80202-1129.
During the public comment period, the Consent Decree Modification may
also be examined on the following Department of Justice Web site,
http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Consent
Decree Modification 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 $2.50 (25 cents per
page reproduction cost) payable to the U.S. Treasury or, if by e-mail
or fax, forward a check in that amount to the Consent Decree Library at
the stated address.
Robert D. Brook,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. E8-5230 Filed 3-14-08; 8:45 am]
BILLING CODE 4410-15-P