[Federal Register Volume 85, Number 187 (Friday, September 25, 2020)]
[Notices]
[Pages 60491-60492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21256]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree under the Resource 
Conservation and Recovery Act and Comprehensive Environmental Response, 
Compensation and Liability Act

    On September 22, 2020, the Department of Justice lodged a proposed 
Consent Decree and Settlement Agreement Regarding the Non-Performing 
Properties (``Settlement Agreement'') with the United States Bankruptcy 
Court for the District of Delaware in the matter entitled In re Exide 
Holdings, Inc., et al., Case No. 20-11157(CSS).
    The United States, on behalf of the Environmental Protection 
Agency, lodged this Settlement Agreement with Exide Holdings, Inc. and 
its Debtor Affiliates (collectively the ``Debtors''), the Florida 
Department of Environmental Protection, the Georgia Environmental 
Protection Division of the Department of Natural Resources, the 
Illinois Environmental Protection Agency, the State of Indiana on 
Behalf of Indiana Department of Environmental Management, the Louisiana 
Department of Environmental Quality, the Mississippi Department of 
Environmental Quality, the Commonwealth of Pennsylvania Department of 
Environmental Protection, the South Carolina Department of Health & 
Environmental Control, the Tennessee Department of Environment and 
Conservation, and the Texas Commission on Environmental Quality, 
Westchester Fire Insurance Company, the Environmental Trustee, the 
Consenting Creditors, the Transferred Entities, the Europe/ROW 
Purchaser, and the Trustees, each of which are defined in the 
Settlement Agreement.
    The Settlement Agreement relates to the Debtors' Non-Performing 
Properties and will be incorporated into Debtors' proposed Chapter 11 
Plan. The Settlement Agreement contains covenants not to sue and 
reservations under the Resource Conservation and Recovery Act, 42 
U.S.C. 6901 et seq., the Comprehensive Environmental Response, 
Compensation, and Liability Act, 42 U.S.C. 9601 et seq., certain other 
actions, and under similar state laws.
    The Settlement Agreement requires, among other provisions, the 
Debtors to transfer certain properties to an environmental response 
trust or trusts which will be created pursuant to the agreement; 
certain secured creditors to make, or cause to be made, up to 
$10,000,000 in payments to the environmental response trusts; and 
Westchester Fire Insurance Company to pay the full penal sum of certain 
surety bonds it issued of up to approximately $34.7 million for 
environmental liabilities for certain of the Non-Performing Properties.
    The publication of this notice opens a period for public comment on 
the Settlement Agreement. Comments should be addressed to the Section 
Chief, Environmental Enforcement Section, and should refer to In re 
Exide Holdings, Inc., et al., Case No. 20-11157(CSS), D.J. Ref. No. 90-
11-2-07802/8. All comments must be submitted so as to be received by no 
later than October 6, 2020. 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 e-mail...........................  [email protected].
By mail.............................  Section Chief, U.S. DOJ--ENRD--
                                       EES, P.O. Box 7611, Washington,
                                       DC 20044-7611.
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    Under section 7003(d) of RCRA, a commenter may request an 
opportunity for a public meeting in the affected area.

[[Page 60492]]

    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:
    Consent Decree Library, U.S. DOJ-- ENRD, P.O. Box 7611, Washington, 
DC 20044-7611.
    Please enclose a check or money order for $80.50 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy without the exhibits and signature pages, the cost is $21.00.

Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2020-21256 Filed 9-24-20; 8:45 am]
BILLING CODE 4410-15-P