[Federal Register Volume 76, Number 195 (Friday, October 7, 2011)]
[Notices]
[Page 62446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26037]


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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 October 4, 2011, a proposed 
Settlement Agreement in the bankruptcy matter In re DPH Holdings Corp., 
et al., Jointly Administered Case No. 05-44481 (RDD), was filed with 
the United States Bankruptcy Court for the Southern District of New 
York. The Settlement Agreement between the United States and DPH 
Holdings Corp., f/k/a Delphi Corp., and its affiliated reorganized 
debtors (``Reorganized Debtors'') resolves claims and causes of action 
of the United States on behalf of the Environmental Protection Agency 
(``EPA'') against debtor Delphi Automotive Systems LLC n/k/a DPH-DAS 
LLC under the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended, 42 U.S.C 9601-75 (``CERCLA''), and 
Section 7003 of the Resource Conservation and Recovery Act (``RCRA''), 
42 U.S.C. 6973, with respect to the Tremont City Landfill Superfund 
Site in Tremont City, Ohio (``Tremont Site''), and the South Dayton 
Dump & Landfill Superfund Site in Moraine, Ohio (``South Dayton 
Site'').
    Under the Settlement Agreement, the United States, on behalf of 
EPA, will have an allowed claim of $857,582.52. The allowed claim shall 
be allocated as an allowed claim of $559,292.95 for the Tremont Site 
and an allowed claim of $298,289.57 for the South Dayton Site. The 
effectiveness of the settlement is subject to the approval of a 
potential settlement of a tax refund action, Delphi Corp., et al. v. 
United States, Case No. 08 Civ. 4487 (PKC) (the ``Tax Refund Action''), 
pending in the United States District Court for the Southern District 
of New York. If the Tax Refund Action settlement is approved, the 
allowed claim of $857,582.52 shall be applied as a setoff against the 
refund that would be owed to the Reorganized Debtors. Pursuant to the 
Settlement Agreement, the Debtors and Reorganized Debtors will receive 
a covenant not to sue from the United States on behalf of EPA for the 
sites identified in this Notice, i.e., the Tremont Site and South 
Dayton Site.
    Comments relating to the Settlement Agreement must be received by 
the Department of Justice no later than fourteen (14) 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, D.C. 20044-7611, and 
should refer to In re DPH Holdings Corp., D.J. Ref. --90-11-3-08913. 
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 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 may also be 
examined on the following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Settlement 
Agreement also may 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 $2.50 (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.

Maureen M. Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2011-26037 Filed 10-6-11; 8:45 am]
BILLING CODE 4410-15-P