FOR IMMEDIATE RELEASE                                                   ENR
TUESDAY, JANUARY 31, 1994                                EPA (202) 260-1384
                                                         DOJ (202) 616-0189
                                                         TDD (202) 514-1888


              LANDMARK SETTLEMENT WILL REDUCE AIR POLLUTION
                     FROM NORTHERN MICHIGAN SMELTER 

                    HEIGHTENED LEVELS OF MERCURY FOUND
                    IN BLOOD OF LOCAL NATIVE AMERICANS 


     WASHINGTON, D.C. -- In a landmark settlement that will help reduce air
and water pollution in the northern regions of Michigan and Wisconsin, the
Copper Range Company has agreed to curb the mercury, lead and cadmium output
from its smelting plant in White Pine, MI, and to pay $4.8 million for civil
penalties and environmental projects under a settlement announced today by the
Department of Justice and Environmental Protection Agency.  The settlement
also offers relief for local Native Americans whose blood contains elevated
levels of mercury from air pollution.
     The settlement resolves a 1992 Clean Air Act suit brought by the National
Wildlife Federation and Michigan United Conservation Clubs that was later
joined by the United States, Michigan and Wisconsin.  The $4.8 million payment, which will be divided among the United States and the two states, makes the agreements one of the largest Clean Air Act settlements on record.
     The lawsuit alleged that Copper Range's smelter emissions violated the
federal Clean Air Act's limits on the release of small particles like ash, as
well as limits on pollution that blocks light, and that the high volume of
mercury emissions from the smelter violated Michigan's Environmental Protection Act.  The suit also challenged the company's failure to report its long
standing excess emissions to federal and state authorities, as required by the
Emergency Planning and Community Right to Know Act. 
     The smelter's numerous heavy metal emissions -- including mercury, cadmium,and lead -- contaminated large areas of the Lake Superior Basin, and the mercuryhas been ingested by many local subsistence fishers, including Native Americans.
     "We sat down at the table and rolled up our sleeves to reach a fair
settlement, and the winners are the people of Michigan and Wisconsin, including Native Americans who live in the area affected by the smelter emissions," said
Lois Schiffer, U.S. Assistant Attorney General for Environment and Natural
Resources.  "By settling the case fairly instead of litigating, we are saving
taxpayer dollars, cleaning up past pollution, and protecting the air for
the people of the Lake Superior Basin."  She also expressed hope that the settlement would "set a precedent for partnership."
     Under the settlement, Copper Range will pay $1.6 million in civil penaltiesto the United States, $200,000 in civil penalties to the State of Michigan, and $3 million into a trust fund to be administered by Michigan and Wisconsin as
trustees.  The size of the settlement reflects the seriousness and duration of
the violations and the potential harm stemming from the extended period of
violations on the environment.
     As much as $1.4 million out of the $1.6 million civil penalty payment to
the United States may be placed in a special fund provided for by the Clean Air Act to be used to finance environmental compliance and enforcement activities.  The separate $3 million trust fund to be administered by Michigan and Wisconsin will be used for mercury monitoring studies and habitat enhancement projects in the Lake Superior Basin adjoining the Upper Peninsula of Michigan.
     "This settlement is an excellent example of how the federal government,
states and citizens groups can work in concert to find common sense solutions
that protect human health and the environment," said Steven A. Herman, EPA
Assistant Administrator for Enforcement and Compliance Assurance.
     $1.7 million from the trust will be used for mercury monitoring studies to be carried out with the involvement of affected Native Americans.   A Native
American representative will also participate on an advisory board that will
make recommendations for the selection of habitat enhancement projects by the
trust.  
     Because the Native American community has been especially hard-hit by
mercury pollution, the settlement's terms mark another step in the
Administration's efforts to insure that minorities receive proper redress for
pollution that affects their communities.
     "This settlement helps the cause of environmental justice for the Native Americans of Michigan and Wisconsin," said Michael H. Dettmer, U.S. Attorney for
the Western District of Michigan.  "The money used to study mercury
contamination will help us better understand and respond to this threat in the
future.  This Administration is committed to redressing pollution affecting the local Native American population."
     In addition to the cash payment, Copper Range will begin building a new smelter to curb future pollution from its facility.  Under current plans, $200
million will be spent on rebuilding the smelter to comply with stringent
standards for new copper smelters. 
      If all goes as planned, this will be the largest remedial package ever
implemented pursuant to a Clean Air Act consent decree.  
     The settlement also gives the company flexibility to continue to respond toconditions in the copper market.  However, if the company decides to cease
operation of its smelter for any reason, it will have to comply with specific
requirements in the consent decree to restart operations.
     "The Great Lakes are a precious resource that have, for too long, been contaminated by loadings of pollutants, including heavy metals such as mercury, lea and cadmium.  This settlement will go a long way to addressing these concerns," said Valdas V. Adamkus, Regional Administrator, U.S. EPA, Region V.

                                   ####
95-058