[Federal Register Volume 85, Number 193 (Monday, October 5, 2020)]
[Notices]
[Pages 62765-62766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21974]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Bankruptcy Settlement Agreement 
Resolving Environmental Protection Agency Claims Under the 
Comprehensive Environmental Response, Compensation and Liability Act

    On September 29, 2020, the Department of Justice lodged a proposed 
Settlement Agreement with the United States Bankruptcy Court for the 
Western District of New York (the ``Bankruptcy Court'') in the matter 
of In re: Tonawanda Coke Corporation, Case No. 18-12156, among the 
United States on behalf of the Environmental Protection Agency 
(``EPA''), Debtor Tonawanda Coke Corporation, the Official Committee of 
Unsecured Creditors, and the New York State Department of Labor (``New 
York DOL'').
    The proposed Settlement Agreement resolves the proof of claim filed 
by the United States on behalf of EPA, asserting a general unsecured 
claim for (a) $2,002,200 in stipulated penalties under a consent decree 
between the United States and Debtor in United States et al. v. 
Tonawanda Coke Corp., 1:15-cv-00420 (W.D.N.Y.), and (b) $11,826.14 in 
response costs incurred prior to the October 15, 2019, bankruptcy 
petition date under the Comprehensive Environmental Response, 
Compensation, and Liability Act, 42 U.S.C. 9601-9675, performing the 
initial stages of a time-critical removal action to address the release 
and threatened release of hazardous substances at the Debtor's coke 
manufacturing facility in Tonawanda, New York (``TCC Site'').
    The proposed Settlement Agreement also resolves the United States' 
Motion for Allowance of Administrative Expense Claim, Doc. No. 282, 
which was amended, Doc. No. 422, asserting an administrative claim in 
the amount of $5,531,521.10, under Section 503(b)(1) of the Bankruptcy 
Code, 11 U.S.C. 503(b)(1), relating to response costs incurred after 
the Petition Date addressing releases and threatened releases of 
hazardous substances at the TCC Site.
    The proposed Settlement Agreement provides the United States an 
allowed administrative expense claim in the amount of $930,000 plus 
83.7% of certain additional funds in the estate. In addition, the 
proposed Settlement Agreement provides the United States an allowed 
general unsecured claim of $11,826.14 with respect to pre-petition 
response costs and $2,002,200 with respect to stipulated penalties.
    The proposed Settlement Agreement also provides certain recovery 
rights for New York DOL based on its claims under the New York State 
Worker Adjustment and Retraining Notification Act, New York Labor Law 
Sec. Sec.  860-860-I and certain recovery rights for general unsecured 
creditors based on general unsecured claims filed in the bankruptcy.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments on the proposed 
resolution of the United States' claims set forth in the Settlement 
Agreement. Comments should be addressed to the Assistant Attorney 
General for the Environmental and Natural Resources Division, and 
should refer to In re: Tonawanda Coke Corporation, DOJ Ref. # 90-5-2-1-
09994/1. All comments must be submitted no later than thirty days after 
the publication date of this notice. Comments may be submitted either 
by email or by mail:

------------------------------------------------------------------------
         To submit comments:                     Send them to:
------------------------------------------------------------------------
By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
------------------------------------------------------------------------


[[Page 62766]]

    During the public comment period, the Settlement Agreement may be 
examined and downloaded at this Justice Department website: http://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 $5.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Henry Friedman,
Assistant Chief, Environmental Enforcement Section, Environment & 
Natural Resources Division.
[FR Doc. 2020-21974 Filed 10-2-20; 8:45 am]
BILLING CODE 4410-15-P