[Federal Register Volume 73, Number 184 (Monday, September 22, 2008)]
[Notices]
[Pages 54620-54621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22010]


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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 September 12, 2008, a proposed 
Settlement Agreement regarding the Bunker Hill Mining and Metallurgical 
Complex Superfund Site also known as the Coeur d'Alene Basin Site in 
Idaho and the Omaha Lead Site in Nebraska was filed with the United 
States Bankruptcy Court for the Southern District of Texas in In re 
Asarco LLC, No. 05-21207 (Bankr. S.D. Tex.) (Docket No. 9101-6, Plan 
Exhibit 12-C). The proposed Agreement entered into by the United States 
on behalf of the Environmental Protection Agency (EPA), Department of 
Interior (DOI), and Department of Agriculture Forest Service (FS) and 
Asarco LLC provides, inter alia, that (A) with respect to the Coeur 
d'Alene Basin Site, (i) the United States on behalf of EPA shall have 
an allowed general unsecured claim of $41.464 million for past costs 
and future oversight costs, (ii) the Successor Coeur d'Alene Custodial 
and Work Trust shall be paid $373.179 million to perform work, (iii) 
the United States on behalf of DOI and FS, as co-Natural Resources 
Trustees, shall have an allowed general unsecured claim of $67.5 
million, (B) with respect to the Omaha Lead Site, the United States on 
behalf of EPA shall have an allowed general unsecured claim of $187.5 
million, and (C) additional payments may be made with respect to the 
Coeur d'Alene Basin and Omaha Lead Sites relating to the Supplemental 
Distribution and Litigation Proceeds as provided in Debtors' Plan of 
Reorganization. The Settlement Agreement is subject to confirmation of 
Debtors' Plan of Reorganization.
    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 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 In re Asarco LLC, DJ Ref. No. 90-11-3-08633. 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. 6973(d).
    The proposed Agreement may be examined at the Office of the United 
States Attorney for the Southern District of Texas, 800 North Shoreline 
Blvd, 500, Corpus Christi, TX 78476-2001, at the office of the 
Environmental Protection Agency Region 7, 901 North Fifth Street, 
Kansas City, Kansas 66101, or at the office of the Environmental 
Protection Agency Region 10, 1200 Sixth Avenue, Seattle, Washington 
98101. 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. A copy of the proposed 
Agreement 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,

[[Page 54621]]

please enclose a check in the amount of $8.25 (without attachments) or 
$38 (with attachments) (25 cents per page reproduction cost) payable to 
the U.S. Treasury.

Robert E. Maher, Jr.
Section Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E8-22010 Filed 9-19-08; 8:45 am]
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