[Federal Register Volume 73, Number 114 (Thursday, June 12, 2008)]
[Page 33455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13156]



Notice of Lodging of Proposed Settlement Agreement Under the 
Resource Conservation and Recovery Act (RCRA)

    Notice is hereby given that on June 6, 2008, a proposed Settlement 
Agreement was lodged in the United States District Court for the 
Southern District of Texas in United States of America v. Encycle/
Texas, Inc. and Asarco Inc., No. H-99-1136. The Settlement Agreement is 
among the United States on behalf of the Environmental Protection 
Agency, the State of Texas on behalf of the Texas Commission on 
Environmental Quality, Debtors Asarco LLC and Encycle/Texas, Inc., and 
the Bankruptcy Trustee for Encycle/Texas, Inc. and relates to the 
Encycle Site, a facility in Corpus Christi, Texas, located at 5500 Up 
River Road, Corpus Christi, Nueces County, Texas. The proposed 
Settlement Agreement previously was approved by the United States 
Bankruptcy Court for the Southern District of Texas in In re ASARCO 
LLC, No. 05-21207, and In re Encycle/Texas, Inc., No. 05-21304, by 
Orders dated May 7, 2008 and May 8, 2008. The settlement agreement 
requires the approval of the U.S. District Court for the Southern 
District of Texas of modification of a Consent Decree under the 
Resource Conservation and Recovery Act (RCRA), as amended, 42 U.S.C. 
6901, et seq., entered in October 1999, and amended in August 2004, in 
United States v. Encycle/Texas, Inc., and Asarco, Inc., No. H-99-1136.
    Among other things, the Settlement Agreement provides that the 
United States, the State of Texas and the Encycle Trustee will receive 
a combined allowed general unsecured claim against ASARCO LLC in the 
amount of $10 million. Proceeds distributed on account of that allowed 
claim must be used by the Encycle Trustee to perform RCRA closure and 
corrective action requirements at the Encycle Facility pursuant to the 
terms of the Consent Decree and other work required under applicable 
environmental law at the Site.
    The Department of Justice will receive comments relating to the 
proposed Settlement 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 e-mailed to [email protected] or mailed to P.O. Box 
7611, United States Department of Justice, Washington, DC 20044-7611, 
and should refer to In re Encycle/Texas, Inc., DJ Ref. No. 90-7-1-910/
4. Commenters may request an opportunity for a public meeting in the 
affected area, in accordance with Section 7003(d) of RCRA, 42 U.S.C. 
    The proposed Agreement may be examined at the office of the United 
States Attorney for the Southern District of Texas, 919 Milam, Suite 
1500, Houston, Texas 77002, and at the United States EPA's Region VI 
office at 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202. 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, United States Department of Justice, Washington, DC 20044-
7611 or by faxing or e-mailing a request to Ms. 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 $4.50 (25 cents per 
page reproduction cost) payable to the United States Treasury.

Robert Maher,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. E8-13156 Filed 6-11-08; 8:45 am]