[Federal Register Volume 76, Number 158 (Tuesday, August 16, 2011)]
[Notices]
[Page 50758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20779]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Settlement Agreement Under the Comprehensive 
Environmental Response, Compensation, and Liability Act and Chapter 11 
of the United States Bankruptcy Code

    Notice is hereby given that on August 11, 2011, a proposed 
Settlement Agreement (``Agreement'') in In re Barzel Industries Inc. et 
al., Case No. 09-13204 (CSS), was lodged with the United States 
Bankruptcy Court for the District of Delaware. The Agreement was 
entered into by the United States, on behalf of the United States 
Environmental Protection Agency (``EPA'') and Barzel Industries Inc. 
and certain of its affiliates (the ``Debtors''). The Agreement relates 
to the liability of American Steel and Aluminum Corporation, one of the 
Debtors, under the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980, 42 U.S.C. 9601 et seq. (``CERCLA''), at the 
Peterson/Puritan Superfund Site, Second Operable Unit, located in 
Lincoln and Cumberland, Rhode Island (the ``Site'').
    The Agreement provides that EPA will have an allowed Class IV 
General Unsecured Claim under the Debtors' Plan of Liquidation in the 
amount of $260,828 (``EPA Allowed Claim''). The Agreement also provides 
that the United States may effect a setoff of the EPA Allowed Claim 
against a federal income tax refund requested by the Debtors with 
respect to the amount of such refund allocable to ASA. The Agreement 
also provides that if insurance proceeds are recovered by the Debtors 
on account of the EPA Allowed Claim, the Debtors shall pay the amount 
of such proceeds to EPA on a dollar-for-dollar basis. Under the 
Agreement, EPA has agreed not to bring a civil action or take 
administrative action against the Debtors pursuant to Sections 106 and 
107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a), and Section 7003 of the 
Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973, 
relating to the Site.
    For a period of 15 days from the date of this publication, the 
Department of Justice will receive comments relating to the Agreement. 
To be considered, comments must be received by the Department of 
Justice by the date that is 15 days from the date of this publication. 
Comments should be addressed to the Section Chief of the Environmental 
Enforcement Section, 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, and should 
refer to In re Barzel Industries Inc. et al., Case No. 09-13204 (CSS), 
D.J. Ref. No. 90-11-3-1233/7. A copy of the comments should be sent to 
Donald G. Frankel, Senior Counsel, Department of Justice, Environmental 
Enforcement Section, One Gateway Center, Suite 616, Newton, MA 02458 or 
e-mailed to [email protected].
    The Agreement may be examined at the Office of the United States 
Attorney, District of Delaware, 1201 Market Street, Suite 1100, 
Wilmington, Delaware (contact Ellen Slights at 302-573-6277). During 
the public comment period, the Agreement may also be examined on the 
following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the 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 of the 
Agreement from the Consent Decree Library, please enclose a check in 
the amount of $3.50 (25 cents per page reproduction cost) payable to 
the U.S. Treasury (if the request is by fax or e-mail, forward a check 
to the Consent Decree library at the address stated above). Commenters 
may request an opportunity for a public meeting, in accordance with 
Section 7003(d) of RCRA, 42 U.S.C. 6973(d).

Ronald G. Gluck,
Assistant Section Chief, Environmental Enforcement Section Environment 
and Natural Resources Division.
[FR Doc. 2011-20779 Filed 8-15-11; 8:45 am]
BILLING CODE 4410-15-P