[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Notices]
[Pages 62907-62908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26417]
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DEPARTMENT OF JUSTICE
Notice of Filing of Proposed Settlement Agreement Under the
Comprehensive Environmental Response, Compensation, and Liability Act
On November 21, 2018, a Notice of Settlement Agreement was filed in
the Superior Court for the State of New Hampshire, Merrimack County in
the proceeding entitled In the Matter of the Liquidation of The Home
Insurance Company, Docket No. 217-2003-EQ-00106. The Notice informs the
Court that at the conclusion of a public comment period, John R. Elias,
Insurance Commissioner of the State of New Hampshire, in his capacity
as Liquidator (the ``Liquidator'') of the Home Insurance Company
(``Home'') may seek court approval of a Settlement Agreement between
the Liquidator, and the United States of America on behalf of the U.S.
Environmental Protection Agency (``EPA''), the U.S. Department of the
Navy, U.S. Department of the Interior (``DOI''), and the National
Oceanic and Atmospheric Administration of the U.S. Department of
Commerce (``NOAA'') (collectively referred to as ``the Federal
Claimants''), acting by and through the United States Department of
Justice (``DOJ'').
The Settlement Agreement would resolve seven proofs of claim the
Federal Claimants' have filed. The seven proofs of claim assert claims
under Section 107 of the Comprehensive Environmental Response,
Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9607, against
insured parties in connection with six Superfund Sites: The Sharon
Steel Corporation (Farrell Works Disposal Area) Superfund Site in
Hermitage, PA; the Lower Duwamish Waterway Superfund Site in Seattle,
WA; the San Gabriel Valley Area 2 Site in Los Angeles, CA; the U.S. Oil
Recovery Site in Pasadena, TX; the Lee's Lane Landfill Superfund Site
in Louisville, KY; and the Petroleum Products Superfund Site in
Pembroke Park, FL.
Under the Settlement Agreement, the United States will have an
allowed Class II priority claim in the amount of $27,044,146 allocated
to the six Superfund Sites as follows:
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Amount Site Home insured
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$16,000,000.............................. Sharon Steel Corporation Sharon Steel Corporation.
(Farrell Works Disposal
Area) Superfund Site.
6,298,630................................ Lower Duwamish Waterway Manson Construction and Engineering Company.
Superfund Site.
2,200,000................................ Lower Duwamish Waterway Duwamish Shipyard, Inc.
Superfund Site.
2,224,999................................ San Gabriel Valley Area 2 Azusa Pipe & Tube Bending, Corp.
Site.
300,000.................................. U.S. Oil Recovery Site..... Explorer Pipeline Company.
19,609................................... Lee's Lane Landfill Louisville Varnish Company, Inc.
Superfund Site.
908...................................... Petroleum Products Shaw Trucking.
Superfund Site.
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For each Class II priority distribution that Home makes, Home shall
use the above amounts to determine the appropriate distribution for
each of the six Superfund Sites. In consideration of payments made on
the allowed Class II Priority Claim, upon approval of the Settlement
Agreement the Federal Claimants provide a covenant not to sue to Home
and the Liquidator as described in the Agreement under CERCLA under the
policies that are identified in the Settlement Agreement and in the
proofs of claim.
The publication of this notice opens a period for public comment on
the Settlement Agreement. Comments should be addressed to the Assistant
[[Page 62908]]
Attorney General, Environment and Natural Resources Division, and
should refer to In the Matter of the Liquidation of The Home Insurance
Company, Docket No. 217-2003-EQ-00106, D.J. Ref. No. 90-11-3-08308. All
comments must be submitted no later than thirty (30) days after the
publication date of this notice. Comments may be submitted either by
email or by mail:
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To submit comments: Send them to:
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By email............................ [email protected].
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
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During the public comment period, the Settlement Agreement may be
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the Settlement Agreement upon written request and payment of
reproduction costs. Please mail your request and payment to: U.S. DOJ--
ENRD, P.O. Box 7611, Washington, DC 20044-7611.
Please enclose a check or money order for $3.50 (25 cents per page
reproduction costs) payable to the United State Treasury.
Robert Maher,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2018-26417 Filed 12-4-18; 8:45 am]
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