Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act and the Resource Conservation and Recovery Act; ASARCO Inc.

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act and the

Resource Conservation and Recovery Act; ASARCO Inc.

In accordance with Department of Justice Policy, 28 CFR 50.7, 38 FR

19029, and 42 U.S.C. 9622(d), notice is hereby given that on December

23, 1994, a proposed Consent Decree was lodged with the United States

District Court for [[Page 1801]] the Western District of Washington in

United States v. ASARCO Inc., Civil Action No. C94-5714RJB. The

proposed Consent Decree settles claims asserted by the United States at

the request of the United States Environmental Protection Agency (EPA)

for releases of hazardous substances at the Ruston/North Tacoma Study

Area operable unit of the Commencement Bay Nearshore/Tideflats

Superfund Site in the Town of Ruston and City of Tacoma, Washington.

The defendant in the action is ASARCO Incorporated (Asarco). The claims

of the United States on behalf of EPA are based upon contamination of

the Ruston/North Tacoma Study Area (the Study Area), an area of

approximately 950 acres that lies within approximately a one mile

radius of the former Asarco smelter.

In the complaint, the United States asserted claims against Asarco

pursuant to Sections 106 and 107(a) of the Comprehensive Environmental

Response, Compensation, and Liability Act (CERCLA), as amended, 42

U.S.C. 9606 and 9607(a), and Section 7003 of the Resource Conservation

and Recovery Act (RCRA), 42 U.S.C. 6973, for injunctive relief to abate

an imminent and substantial endangerment to public health or welfare or

the environment due to the release or threatened release of hazardous

substances at the Study Area. The United States also sought recovery of

costs that have been and will be incurred in response to releases and

threatened releases of hazardous substances at the Study Area.

Pursuant to the Consent Decree, Asarco has agreed to sample

properties and areas within the Study Area, excavate soil and slag from

properties that exceed action levels for lead and arsenic, and replace

excavated soil and slag with clean soil and gravel. The estimated value

of the work to be performed is $26 million. Asarco will also develop

and implement a community protection measures (CPM) program for the

Study Area. The CPM program will contain provisions to ensure the

integrity of clean soil caps where they are placed over contaminated

soil that is deeper than the maximum depth to which Asarco must

excavate, and to inform current and future property owners wherever a

clean soil cap covering contaminated soil exists on their property. The

CPM program will also advise residents how to reduce exposure to soils

that are not removed but that contain concentrations of arsenic or lead

that exceed either action levels or levels commonly found in urban

areas. The Consent Decree further requires Asarco to develop and

implement a soil testing, collection and disposal program to apply when

contaminated soil is excavated in the future from beneath a clean cap

or other area where contaminated soil remains, including from areas

beneath roadways and other hard surfaces. Asarco will also reimburse

EPA for $2,668,443 in past response costs that EPA has incurred in the

Study Area and will reimburse EPA for all of its future response costs.

In exchange, Asarco will receive a covenant not to sue from the

United States with respect to the Study Area for claims pursuant to

Sections 106 and 107(a) of CERCLA and Section 7003 of RCRA, 42 U.S.C.

6973.

The Department of Justice will receive written comments relating to

the proposed Consent Decree for thirty (30) days from the date of

publication of this notice. Comments should be addressed to the

Assistant Attorney General of the Environment and Natural Resources

Division, U.S. Department of Justice, Washington, D.C. 20530, and

should refer to United States v. ASARCO Inc., D.J. Ref. No. 90-11-2-

698C.

The proposed Consent Decree and exhibits may be examined at the

following locations: the Region 10 Office of EPA, 7th Floor Records

Center, 1200 Sixth Avenue, Seattle, WA 98101; ASARCO Information

Center, 5311 North Commercial, Ruston, Washington 98407; the Tacoma

Public Library, Main Branch, 1102 Tacoma Avenue South, Northwest Room,

Tacoma, WA 98402; and Citizens for a Healthy Bay, 771 Broadway, Tacoma,

WA 98402. The complete Administrative Record for the Ruston/North

Tacoma Study Area may be reviewed at the EPA Region 10 office in

Seattle and at the Main Branch of the Tacoma Public Library.

A copy of the Consent Decree and exhibits (if requested) may be

obtained in person or by mail from the Consent Decree Library, 1120 G

Street, N.W., 4th Floor, Washington, D.C. 20005, (202) 624-0892. In

requesting copies, please enclose a check in the amount of $20.25

(without exhibits) or $202.50 (with exhibits) (25 cents per page

reproduction cost) payable to the ``Consent Decree Library.''

Bruce Gelber,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 95-184 Filed 1-4-95; 8:45 am]

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