[Federal Register Volume 74, Number 55 (Tuesday, March 24, 2009)]
[Notices]
[Page 12380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6447]


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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 March 13, 2009, a proposed 
Settlement Agreement and Consent Decree 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.). 
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, (1) 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, (2) the Successor Coeur d'Alene Custodial and Work 
Trust shall have an allowed general unsecured claim of $359.179 million 
to perform work, (3) the Successor Coeur d'Alene Custodial and Work 
Trust shall receive certain land currently owned by the Debtors and a 
$14 million allowed administrative expense claim to perform work on 
those lands, and (4) 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, and (B) with respect to the Omaha Lead Site, 
the United States on behalf of EPA shall have an allowed general 
unsecured claim of $186.5 million.
    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, D.C. 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, please enclose a check in the amount of $9.00 (without 
attachments) or $37.75 (with attachments) (25 cents per page 
reproduction cost) payable to the U.S. Treasury.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section.
[FR Doc. E9-6447 Filed 3-23-09; 8:45 am]
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