[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
--------------------------------------------------------------------------------------------------------------------------------------------------------
$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.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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]
 BILLING CODE 4410-15-P