[Federal Register Volume 76, Number 66 (Wednesday, April 6, 2011)]
[Notices]
[Pages 19127-19128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8149]


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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 31, 2011, a proposed 
Settlement Agreement in In re Exide Technologies et al., No. 02-
11125(KJC) (Bankr. D. Del.), was lodged with the United States 
Bankruptcy Court for the District of Delaware. In this bankruptcy 
matter the United States, on behalf of the Environmental Protection 
Agency, sought reimbursement of response costs incurred pursuant to the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA'') in connection with 21 Superfund sites, and on behalf of 
the National Oceanic and Atmospheric Administration the United States 
sought natural resource damages under CERCLA for two sites. The 
Settlement Agreement between the United States and the Debtor, Exide 
Technologies, and certain of its Debtor affiliates, including Exide 
Illinois, Inc., Exide Delaware, LLC, RBD Liquidation, LLC, Dixie Metals 
Company, and Refined Metals Corporation, resolves Exide's liability to 
the United States' for response costs under Section 107(a) of CERCLA, 
42 U.S.C. 9607(a), and Exide's liability under Section 6973 of the 
Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973, for 
the following 21 sites: (1) Hamburg Lead Superfund Site, Hamburg, PA 
(03BH); (2) Hamburg Rail Cut Superfund Site, Hamburg, PA (A3H6); (3) 
Hamburg Port Clinton Avenue Superfund Site, Hamburg, PA (A3J4); (4) (5) 
Hamburg Peach Alley Parking Lot Superfund Site, Hamburg, PA (A3V1); (6) 
Kaercher Creek Superfund Site, Hamburg and Windsor Township, PA (A3H8); 
(7) Hamburg Mill Creek Superfund Site, Hamburg, PA (A3H7); (8) Hamburg 
Pleasant Hills Trailer Park Superfund Site, Hamburg, PA (A3H2); (9) 
Hamburg Ambulance Garage Superfund Site, Hamburg, PA (A3H5); Hamburg 
South Canal Superfund Site, Hamburg, PA (A3J2); (10) Non-Debtor-Owned 
Portions of the Price Battery Superfund Site, Hamburg, PA (A3E2); (11) 
Brown's Battery Superfund Site, Tilden Township, PA (03-84); (12) ESB 
Superfund Site, Atlanta, GA (A4AB); (13) Raleigh Street Dump Superfund 
Site, Tampa, FL (A4J7); (14) Ross Metals Superfund Site, Rossville, 
Fayette County, TN (O4RO); (15) Still Meadow Battery Superfund Site, 
Valrico, FL (O4A2); (16) Magic Marker/Gould Battery Superfund Site, 
Trenton, NJ; (17) Bowers Battery Superfund Site, New Philadelphia, OH 
(B5S9); (18) Puente Valley Operable Unit of the San Gabriel Valley 
Superfund Sites, Area 4,Industry, CA (O98V); (19) Operating Industries 
Superfund Site, Monterey Park, CA (O958); (20) Hamburg Old Gas Station 
Superfund Site, Hamburg, PA (A3ER); (21) Hamburg Schappelle Road 
Superfund Site, Hamburg, PA (A3EG).
    The Settlement Agreement also resolves the claims of the United 
States on behalf of NOAA for natural resource damages under Section 
107(a) of CERCLA, 42 U.S.C. 9607(a), for the following two sites: NL 
Industries, Inc. Superfund Site, Pedricktown, Salem County, NJ; and 
Custom Distribution Services Site in Perth Amboy, Middlesex County, NJ.
    Under the Settlement Agreement, the Debtors have agreed to an 
allowed, general unsecured claim in the total amount of $67,599,678 to 
resolve their liability under Sections 106 and 107 of CERCLA and 
Section 7003 of RCRA at the 21 Liquidated and 2 NRD Sites. The 
Settlement Agreement also contains provisions pertaining to the 
treatment of three other categories of sites: Debtor-Owned Sites, 
Additional Sites, and sites subject to Work Orders and Work Consent 
Decrees.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication 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, and 
should refer to In re Exide, D.J. Ref. 90-11-2-07802. Persons 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 may be examined at the United States 
Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania 
Avenue, NW., Washington, DC 20004. During the public comment period, 
the Settlement Agreement may also be examined on the following 
Department of Justice Web site, to http://

[[Page 19128]]

www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Settlement 
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 $10.75 (25 cents per 
page reproduction cost) payable to the U.S. Treasury or, if by e-mail 
or fax, forward a check in that amount to the Consent Decree Library at 
the stated address.

Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2011-8149 Filed 4-5-11; 8:45 am]
BILLING CODE 4410-15-P