[Federal Register Volume 73, Number 191 (Wednesday, October 1, 2008)]
[Notices]
[Pages 57151-57152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22995]


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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 19, 2008, a proposed 
Settlement Agreement regarding the East Helena Superfund Site, Operable 
Unit No. 2 (the Site), 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. 9231). The settlement reserves 
claims for any liabilities for property owned by Debtors and for 
groundwater contamination, among other things. The proposed Agreement 
entered into by the United States on behalf of the Environmental 
Protection Agency (EPA), the State of Montana, and Asarco LLC and 
Asarco Master Inc. (the Debtors), provides, inter alia, that with 
respect to the Site, (1) the United States on behalf of EPA shall have 
an allowed general unsecured claim of $13,209,783 for past and future 
response costs, and (2) the Debtors will not oppose disbursements out 
of the Asarco Environmental Trust up to $5,773,371 to perform work 
described by EPA's proposed plan for Site remediation.
    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.
    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 8, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129. 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.

[[Page 57152]]

(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 
U.S. Treasury.

Robert E. Maher, Jr.,
Section Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E8-22995 Filed 9-30-08; 8:45 am]
BILLING CODE 4410-15-P