[Federal Register Volume 75, Number 64 (Monday, April 5, 2010)]
[Notices]
[Pages 17160-17161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7769]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Settlement Agreement Under the Comprehensive
Environmental Response, Compensation, and Liability Act
Notice is hereby given that on March 30, 2010, a proposed
Settlement Agreement in the bankruptcy matter, In re Lyondell Chemical
Company, et al., Jointly Administered Case No. 09-10023 (REG), was
lodged with the United States Bankruptcy Court for the Southern
District of New York. The Settlement Agreement relates to alleged
environmental liabilities of debtor Lyondell Chemical Company and 93 of
its affiliates (collectively, the ``Lyondell Debtors'').
The Settlement Agreement resolves claims of the Environmental
Protection Agency (``EPA'') against certain Lyondell Debtors for
response costs under the Comprehensive Environmental Response,
Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9601-9675, with
respect to the following sites: (1) The 68th Street Dump Site located
in Maryland; (2) the Allied Paper/Portage Creek/Kalamazoo River Site
located in Michigan; (3) the Barefoot Disposal Site located in
Pennsylvania; (4) the Berks Landfill Site located in Pennsylvania; (5)
the Chief Supply Site located in Oklahoma; (6) the Clinton Dock Area
Site located in Iowa; (7) the Diamond Alkali/Lower Passaic River Study
Area Site located in New Jersey; (8) the French Limited Site located in
Texas; (9) the Hegeler Zinc Site located in Illinois; (10) the Malone
Service Site located in Texas; (11) the Many Diversified Interests Site
located in Texas; (12) the Omega Chemical Corporation Site located in
California; and (13) the San Fernando Valley Site located in
California.
The Settlement Agreement further settles EPA's claims against
certain Lyondell Debtors for: (1) Civil penalties under the Resource
Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6901-6992k, with
respect to the Brunswick Facility located in Georgia; (2) civil
penalties under the Clean Air Act, 42 U.S.C. 7401-7671q, with respect
to the Houston Refinery located in Texas; and (3) stipulated penalties
under CERCLA Administrative Orders on Consent with respect to the
Allied Paper/Portage Creek/Kalamazoo River Site and the Chief Supply
Site.
The Settlement Agreement also resolves claims of the Department of
the Interior (``DOI'') and the National Oceanic and Atmospheric
Administration (``NOAA'') against certain Lyondell Debtors for natural
resource damages and related assessment costs with respect to the
following sites: (1) The Allied Paper/Portage Creek/Kalamazoo River
Site; (2) the Diamond Alkali/Lower Passaic River Study Area Site; and
(3) the Hegeler Zinc Site.
Under the Settlement Agreement, EPA, DOI, and NOAA collectively
will receive allowed general unsecured claims in the bankruptcy
totaling $1,135,895,990.
The United States will also receive a cash payment of $53,628,150,
which will be applied to the following six sites: (1) The 68th Street
Dump Site; (2) the Allied Paper/Portage Creek/Kalamazoo River Site; (3)
the Barefoot Disposal Site; (4) the Berks Landfill Site; (5) the
Diamond Alkali/Lower Passaic River Study Area Site; and (6) the French
Limited Site.
Pursuant to the Settlement Agreement, the United States may seek to
recover response costs and natural resource damages with respect to
approximately 380 additional non-debtor-owned sites, and such costs and
damages will be treated as general unsecured claims under the Lyondell
Debtors' Plan of Reorganization. The United States may pursue
injunctive relief against the Lyondell Debtors under RCRA Section 7003
with respect to nine of the approximately 380 sites, but may not
otherwise seek injunctive relief under CERCLA Section 106 or RCRA
Section 7003 against the Lyondell Debtors with respect to those sites.
Finally, pursuant to the Settlement Agreement and a Custodial Trust
Agreement, certain Lyondell Debtors will transfer title to nine debtor-
owned real properties to a custodial trust and contribute approximately
$108.4 million to the trust to fund cleanups of these properties and
administrative expenses of the trust. The nine custodial trust
properties are: (1) The Allied Paper Mill located in Michigan; (2) the
Beaver Valley property located in Pennsylvania; (3) the Bully Hill Mine
located in California; (4) the Charlotte property located in North
Carolina; (5) the Excelsior Mine located in California; (6) the Gypsum
Pile property located in Illinois; (7) the Rising Star Mine located in
California; (8) the Saint Helena property located in Maryland; and (9)
the Turtle Bayou property located in Texas.
The Department of Justice will receive, for a period of fifteen
days from the date of this publication, comments relating to the
Settlement Agreement. To be considered, comments must be received by
the Department of Justice by the date that is fifteen days from the
date of this publication. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
either e-mailed 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 Lyondell Chemical Company, et al., D.J. Ref. 90-5-2-1-
2132/3. Commenters may request an opportunity for a public meeting in
the affected area, in accordance with Section 7003(d) of RCRA, 42
U.S.C. 6973(d).
The Settlement Agreement and the Custodial Trust Agreement may be
examined at the Office of the United States Attorney, 86 Chambers
Street, 3rd Floor, New York, New York 10007, and at the U.S.
Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460. During the public comment period,
the Settlement Agreement and the Custodial Trust Agreement may also be
examined on the following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. Copies of the Settlement
Agreement and the Custodial Trust Agreement 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 e-mailing a request
to Tonia Fleetwood ([email protected]), fax No. (202) 514-0097,
phone confirmation number (202) 514-1547. In requesting a copy from the
Consent Decree Library, please enclose a check in the amount of $55.00
(with exhibits) or $29.75 (without exhibits) (25 cents per page
reproduction cost) payable to the U.S. Treasury or, if by e-mail or
fax, please forward a check in that amount to the
[[Page 17161]]
Consent Decree Library at the stated address.
Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2010-7769 Filed 4-2-10; 8:45 am]
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