[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]
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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]
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