[Federal Register Volume 77, Number 163 (Wednesday, August 22, 2012)]
[Notices]
[Pages 50717-50718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20647]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree and Settlement 
Agreement Under the Comprehensive Environmental Response, Compensation, 
and Liability Act and Federal Water Pollution Control Act

    Notice is hereby given that on August 13, 2012, a proposed Consent 
Decree and Settlement Agreement (``Proposed Consent Decree'') in In re: 
Eaglepicher Holdings, Inc., et al., Civil Action No. 05-12601 was 
lodged with the United States Bankruptcy Court for the Southern 
District of Ohio.
    In this action, the United States sought natural resource damages 
under Section 107(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA), 42 U.S.C. 9607(a), and 
Section 311(f) of the Federal Water Pollution Control Act (``Clean 
Water Act''), 33 U.S.C. 1321(f), related to the release or threat of 
release of hazardous substances from EaglePicher Technology, LLC's 
(``EPT'') former facility in Joplin, Missouri. The United States also 
sought response costs and natural resource damages under CERCLA from 
EaglePicher Incorporated (``EPI'') related to the release or threat of 
release of hazardous substances from the Eagle Zinc Superfund Site in 
Hillsboro, Illinois, the Delta, Ohio residential fill sites, the 
Wentworth Subdistrict of the Newton County Mine Tailings Superfund Site 
in Newton County, Missouri, the Phoenix Park Millsite in Creede, 
Colorado, and the Creta Copper Operations Site in Jackson County, 
Oklahoma.
    The proposed Consent Decree entered into by the United States, the 
State of Missouri, and EP Management Corporation resolves the United 
States' and State of Missouri's claims against EPT for natural resource 
damages under CERCLA and the Clean Water Act at the former EPT 
manufacturing facility in Joplin, Missouri. The proposed Consent Decree 
also resolves the United States' claims against EaglePicher 
Incorporated (EPI) under CERCLA, for: (1) EPA response costs at the 
Eagle Zinc Superfund Site in Hillsboro, Illinois; (2) EPA response 
costs at three residential fill sites located in Delta Ohio; (3) EPA 
response costs at the Wentworth Subdistrict of the Newton County Mine 
Tailings, Superfund Site in Newton County, Missouri; (4) DOI Natural 
Resource Damages at the Newton County Mine Tailings Superfund Site; (5) 
USDA Forest Service Response Costs at the Phoenix Park Millsite in 
Creede, Colorado; (6) Natural Resource Damages at the Creta Copper 
Operation Site in Jackson County, OK. The proposed Consent Decree 
provides for a payment by EPMC of $822,600 to resolve the United 
States' and States of Missouri's natural resource damage claims against 
EPT, of which $255,955 will be paid to the United States, $658,000 will 
be placed in an escrow account for the restoration, replacement, or 
acquisition of the equivalent of the injured natural resources at the 
former EPT facility in Joplin, Missouri, and $8,645 will be paid to the 
State of Missouri. The proposed Consent Decree also obligates EPMC to 
pay an additional $100,000 to resolve the United States' claims for 
response costs and natural resource damages against EPI.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
Proposed Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
either emailed 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: EaglePicher Holdings, Inc., et al., D.J. Ref. 90-11-3-
747/2.
    During the public comment period, the Proposed Consent Decree, may 
also be examined on the following Department of Justice Web site, to 
http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Proposed 
Consent Decree 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 emailing a request to ``Consent Decree 
Copy'' ([email protected]), fax no. (202) 514-0097, phone 
confirmation number (202) 514-5271. If requesting a copy from the 
Consent Decree Library by mail, please enclose a check in the amount of 
$9.75 (25 cents per page reproduction cost) payable to the U.S. 
Treasury or, if requesting by email or fax, forward a check in that 
amount to the Consent

[[Page 50718]]

Decree Library at the address given above.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2012-20647 Filed 8-21-12; 8:45 am]
BILLING CODE 4410-15-P