Notice of Lodging of Consent Decree Under the Clear Air Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under the Clear Air Act

Notice is hereby given that a proposed Consent Decree in National

Wildlife Federation, et al., v. Copper Range Company (W.D. Mich.), Case

No. 2:92-CV-186, entered into by plaintiffs National Wildlife

Federation, Michigan United Conservation Clubs, United States of

America, State of Michigan, and State of Wisconsin and defendant Copper

Range Company was lodged on January 31, 1995 with the United States

District Court for the Western District of Michigan. The proposed

Consent Decree resolves certain claims of the plaintiffs against the

defendant under the Clear Air Act, 42 U.S.C. 7401 et seq., section 103

of the Comprehensive Environmental Response, Compensation, and

Liability Act, 42 U.S.C. 9603, sections 304 and 313 of the Emergency

Planning and Community Right-To-Know Act, 42 U.S.C. 11004, 11023, and

certain other state statutes relating to defendant's smelting operation

located on Highway 64 in White Pine, Ontonagon County, Michigan. Under

the proposed Consent Decree, Copper Range has agreed that if it is to

continue operating its smelter in the future, it will implement

extensive injunctive relief to bring it into compliance with the Clean

Air Act, including the construction of a new smelter. The proposed

Consent Decree also requires Copper Range to pay a total of $4.8

million in civil penalties and third party supplemental environmental

projects as follows: $1.6 million to the United States; $3.0 million to

the Michigan/Wisconsin Lake Superior Basin Trust Fund established

pursuant to the Consent Decree; and $200,000 to the State of Michigan.

The Department of Justice will receive comments relating to the

proposed Consent Decree for 30 days following the publication of this

Notice. Comments should be addressed to the Assistant Attorney General

of the Environment and Natural Resources Division, Department of

Justice, Washington, DC 20530, and should refer to National Wildlife

Federation, et al., v. Copper Range Company, D.J. Ref. No. 90-5-2-1-

1852. The proposed Consent Decree may be examined at the Office of the

United States Attorney for the Western District of Michigan, 399

Federal Building, 110 Michigan St. NW, Grand Rapids, Michigan 49503;

the Region V Office of the United States Environmental Protection

Agency, 77 West Jackson Street, Chicago, Illinois 60604; and at the

Consent Decree Library, 1120 G Street, NW., 4th Floor, Washington, DC

20005 (202-624-0892). A copy of the proposed Consent Decree may be

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

Street, NW., 4th Floor, Washington, DC 20005. In requesting a copy of

the Consent Decree with exhibits, please enclose a check in the amount

of $43.75 (25 cents per page for reproduction costs), payable to the

Consent Decree Library. In requesting a copy of the Consent Decree

without exhibits, please enclosed a check in the amount of $19.00 (25

cents per page for reproduction costs), payable to the Consent Decree

Library.

Bruce S. Gelber,

Acting Section Chief, Environmental Enforcement Section, Environment

and Natural Resources Division.

[FR Doc. 95-3908 Filed 2-15-95; 8:45 am]

BILLING CODE 4410-01-M