[Federal Register Volume 67, Number 181 (Wednesday, September 18, 2002)]
[Notices]
[Page 58824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23700]



[[Page 58824]]

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DEPARTMENT OF JUSTICE


Notice of Lodging of Settlement Agreement Pursuant to RCRA and 
the Bankruptcy Code

    Notice is hereby given that on September 13, 2002, the Unites 
States lodged a proposed Settlement between the United States, the 
State of Louisiana, Borden Chemicals and Plastics Operating Limited 
Partnership (``Debtor''), BCP Management, Inc., and Borden Chemical, 
Inc. (``BCI'') with the United States Bankruptcy Court for the District 
of Delaware, in In re Borden Chemicals and Plastics Operating Limited 
Partnership et al, No. 01-1268, a case for relief under Chapter 11 of 
the Bankruptcy Code, 11 U.S.C. 101 et seq.
    The proposed Settlement Agreement resolves the Proof of Claim of 
the United States in connection with the chemical manufacturing 
facility owned and operated by the Debtor located in Geismar, 
Louisiana. Under the proposed Settlement Agreement, BCI, the parent of 
the general partner of the Debtor, has agreed to complete certain of 
the Debtor's obligations under a 1998 Consent Decree with the 
Environmental Protection Agency (``EPA'') under the Resource 
Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6921 et seq.; the 
Comprehensive Environmental Response, Compensation and Liability Act 
(``CERCLA''), 42 U.S.C. 9601 et seq.; and the Clean Air Act (``CAA''), 
42 U.S.C. 7401 et seq., for the Debtor's facility in Geismar, 
Louisiana. That Consent Decree required the Debtor to obtain a RCRA 
permit, to come into compliance with RCRA regulations, to perform a 
facility-wide corrective action and protect the aquifer underlying the 
facility, to pay a $3.6 million civil penalty and to perform certain 
Supplemental Environmental Projects (``SEPs''). See United States v. 
Borden Chemical and Plastics Operating Limited Partnership C.A. No. 94-
440 (Consent Decree, W.D. La. June 10, 1998). Although the Debtor 
applied for the permit, paid the civil penalty and has completed most 
provisions of the Consent Decree. Under the proposed Settlement 
Agreement, the Debtor will complete the SEPs, and BCI will assume 
responsibility for implementation of the remaining corrective action 
and remedial provisions of the Consent Decree.
    The Department of Justice will receive for a period of fifteen (15) 
days from the date of this publication comments relating to the 
proposed Settlement Agreement. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
United States Department of Justice, P.O. Box 7611, Ben Franklin 
Station, Washington, D.C. 20044-7611, and should refer to In re Borden 
Chemicals and Plastics Operating Limited Partnership, et al., DJ No. 
90-11-2-875/2.
    The proposed Settlement Agreement, including related exhibits, may 
be examined at the Office of the United States Attorney for the 
District of Delaware, 1201 Market Street, Suite 1100, P.O. Box 2046, 
Wilmington, Delaware 19800-2046; and at the Region VI Office of the 
United States Environmental Protection Agency, 1445 Ross Avenue, 
Dallas, Texas, 75202. A copy of the proposed Settlement Agreement and 
related exhibits may be obtained by mail from the Department of Justice 
Consent Decree Library, P.O. Box 7611, Washington, DC 20044-7611. In 
requesting a copy, please enclose a check for reproduction costs (at 25 
cents per page) in the amounts of $78.50, payable to the U.S. Treasury.

Thomas A. Mariani, Jr.,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 02-23700 Filed 9-17-02; 8:45 am]
BILLING CODE 4410-15-M