[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