[Federal Register Volume 75, Number 212 (Wednesday, November 3, 2010)]
[Notices]
[Pages 67767-67768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27706]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Settlement Agreement Under the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA)

    Notice is hereby given that on October 28, 2010, a proposed 
Settlement Agreement was filed with the United States Bankruptcy Court 
for the District of Delaware in In re: Smurfit Stone Container 
Corporation, et al., Case No. 09-10235 (Jointly Administered). The 
proposed settlement agreement resolves cost recovery claims under 
Section 107 of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9607, 
for:
    (1) Response costs incurred and to be incurred by the Environmental 
Protection Agency (``EPA'') in connection with response actions 
performed by EPA at the following sites: Sauer Dump Site in Dundalk, 
Maryland; 68th Street Dump Site in Baltimore, Maryland; Casmalia 
Disposal Site near Santa Maria, California; BCX Tank Superfund Site in 
Jacksonville, Florida; Ward Transformer Site, Raleigh, North Carolina; 
and the Portland Harbor Superfund Site in Portland, Oregon;
    (2) removal costs pursuant to the Oil Pollution Act (``OPA''), 33 
U.S.C. 2701-2762, in connection with the discharge

[[Page 67768]]

of oil from Debtor's Portland Harbor Superfund Site; and
    (3) natural resource damages and assessment costs, incurred and to 
be incurred by the Department of the Interior and National Oceanic and 
Atmospheric Administration (collectively, ``natural resource 
trustees''), at and near Debtor's Portland Harbor facility.
    Pursuant to the Settlement Agreement, Smurfit will distribute stock 
on account of allowed bankruptcy claims in the total amount of 
$15,358,174.00 for federal environmental claims--$12,358,174.00 for EPA 
claims and $3,000,000.00 for natural resource trustee claims.
    For thirty (30) days after the date of this publication, the 
Department of Justice will receive comments relating to the Settlement 
Agreement. Comments should be addressed to the Acting 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. In either 
case, comments should refer to In re: Smurfit Stone Container 
Corporation, et al., Case No. 09-10235 (Bankr. Del.), D.J. Ref. No. 90-
11-3-09733. Commenters may request an opportunity for a public meeting 
in the affected areas, in accordance with section 7003(d) of RCRA, 42 
U.S.C. 6973(d).
    The proposed Settlement Agreement may be examined at the Office of 
the United States Attorney for the District of Delaware, Chemical Bank 
Plaza, 1201 N Market St.,  2300, Wilmington, DE 19899 and at 
the Headquarters office of the Environmental Protection Agency, Ariel 
Rios Building, 1200 Pennsylvania Avenue NW., Washington, DC 20004. 
During the comment period, the proposed Settlement Agreement may also 
be examined on the following Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decree.html. A copy of the proposed 
Settlement Agreement may also be obtained by mail from the Department 
of Justice 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 
Settlement agreement Library, please enclose a check in the amount of 
$11.00 for the Settlement Agreement (25 cents per page reproduction 
costs) payable to the United States Treasury or, if by e-mail or fax, 
forward a check in that amount to the Consent Decree Library at the 
stated address.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2010-27706 Filed 11-2-10; 8:45 am]
BILLING CODE 4410-15-P