Notice of Consent Decrees Under the Clean Water Act and Resource Conservation and Recovery Act

DEPARTMENT OF JUSTICE

Notice of Consent Decrees Under the Clean Water Act and Resource

Conservation and Recovery Act

Notice is hereby given that a consent decree in United States v.

ASARCO, Inc., Civil Action No. CV-98-3-H-CCL (D. Mont.) and a consent

decree in United States v. ASARCO, Inc., Civil Action No. CV-98-0137-

PHX-ROS (D. Ariz.) were lodged with the United States District Courts

for the District of Montana and District of Arizona respectively on

January 23, 1998.

In these actions the United States sought injunctive relief and

civil penalties under Section 309 (b) and (d) of the Clean Water Act

(``CWA''), 33 U.S.C. 1319 (b) and (d), and Section 3008(a) of the

Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6928(a).

The consent decree lodged in the District of Montana (``Montana

decree'') resolves civil penalty claims of the United States against

ASARCO, Inc. (``ASARCO'') under the CWA for alleged unpermitted

discharges at ASARCO's smelter facility in East Helena, Montana. The

Montana decree also resolves civil penalty and injunctive relief claims

of the United States against ASARCO under RCRA for alleged violations

of hazardous waste regulations associated with materials acceptance and

management practices at ASARCO's East Helena smelter facility. The

decree lodged in the District of Arizona (``Arizona decree'') resolves

injunctive relief and civil penalty claims of the United States against

ASARCO under the CWA for alleged permit violations and unpermitted

discharges at ASARCO's Ray Mine complex located near Kearny, Arizona.

The Montana decree requires ASARCO to: institute improved materials

screening and management procedures at each of its four smelters

nationwide; perform a comprehensive RCRA corrective action

investigation and, as appropriate, remediation at ASARCO's East Helena

smelter facility; implement an improved environmental management system

nationwide; and, pay a civil penalty to the United States of $3,386,100

and perform a wetlands restoration project at ASARCO's East Helena

smelter facility for alleged past violations of the CWA and RCRA at

that facility.

The Arizona decree requires ASARCO to: Perform construction

projects to address alleged permit violations and unpermitted

discharges at ASARCO's Ray Mine complex; and, pay civil penalties to

the United States and State of Arizona totaling $3 million for alleged

past violations of the CWA at ASARCO's Ray Mine complex.

The Department of Justice will accept written comments relating to

the proposed consent decrees for thirty (30) days from the date of

publication of this notice. Please address comments to the Assistant

Attorney General, Environment and Natural Resources Division,

Department of Justice, P.O. Box 7611, Ben Franklin Station, Washington,

D.C. 20044 and refer to United States v. ASARCO, Inc. (D.Mt.), DJ Ref.

#s: 90-5-1-1-4323, 90-7-1-890 and 90-7-1-886, and/or, United States v

ASARCO, Inc. (D. Az.), DJ Ref. #s: 90-5-1-1-3822 and 90-7-1-886.

Copies of the proposed Montana decree may be examined at the Office

of the United States Attorney, Suite 400, 2929 3rd Avenue, N.,

Billings, Montana, 59103; at the U.S. Environmental Protection Agency,

Montana Operations Office, Federal Building, 301 South Park Street,

Helena, Montana 59626; and, at the U.S. Environmental Protection

Agency, Region VIII, 999 18th Street, Denver, Colorado 80202. Copies of

the proposed Arizona decree may be examined at the Office of the United

States Attorney, 1275 West Washington, Phoenix, Arizona 85007; and, at

the U.S. Environmental Protection Agency, Region IX, 75 Hawthorne

Street, San Francisco, California, 94105.

Copies of both proposed consent decrees may be examined at the

Consent Decree Library, 1120 G Street, N.W., 4th Floor, Washington,

D.C. 20005, (202) 624-0892. A copy of the consent decrees may also be

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

Street, N.W., 4th Floor, Washington, D.C. 20005. When requesting a copy

of the Montana decree by mail, please enclose a check in the amount of

$44.75 for a copy including exhibits, or $28.00 for a copy excluding

exhibits (twenty-five cents per page reproduction costs) payable to the

``Consent Decree Library.'' When requesting a copy of the Arizona

decree by mail, please enclose a check in the amount of $29.00 for a

copy including exhibits, or $9.00 for a copy excluding exhibits

(twenty-five cents per page reproduction costs) payable to the

``Consent Decree Library.''

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division, Department of Justice.

[FR Doc. 98-4209 Filed 2-18-98; 8:45 am]

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