[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]
BILLING CODE 4410-15-P