[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