[Federal Register Volume 75, Number 140 (Thursday, July 22, 2010)]
[Notices]
[Pages 42785-42786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18065]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Settlement Agreement Under the Comprehensive 
Environmental Response, Compensation, and Liability Act

    Notice is hereby given that on July 14, 2010, a proposed Settlement 
Agreement in the bankruptcy matter, Old Carco LLC (f/k/a Chrysler LLC), 
et al., Jointly Administered Case No. 09-50002 (AJG), was lodged with 
the United States Bankruptcy Court for the Southern District of New 
York. The Settlement Agreement resolves claims of the Environmental 
Protection Agency (``EPA'') against the Old Carco Liquidation Trust 
(``Old Carco''), as successor in interest to Old Carco LLC (formerly 
known as Chrysler LLC), for response costs and civil penalties under 
the Comprehensive Environmental Response, Compensation, and Liability 
Act (``CERCLA''), 42 U.S.C. 9601-9675,

[[Page 42786]]

with respect to Behr Dayton Thermal Systems VOC Plume Superfund Site 
(``Behr Dayton'').
    Under the Settlement Agreement, EPA will receive an allowed general 
unsecured claim with respect to response costs incurred by the EPA with 
respect to Behr Dayton in the amount of $26,000,000. The EPA will 
receive an allowed general unsecured claim with respect to civil 
penalties in the amount of $5,000,000. Accordingly, the total amount of 
the EPA's allowed general unsecured claim will be $31,000,000. The 
allowed general unsecured claim with respect to civil penalties, 
however, shall be subordinated under the plan of confirmation to other 
allowed general unsecured claims.
    Upon the effective date of the settlement agreement, the United 
States will also receive a cash payment of $500,000, which will be 
applied to Behr Dayton. In the event that certain funds reserved for 
funding environmental cleanup at sites owned by the Liquidation Trust 
are not needed for their intended purpose because such owned property 
is transferred or sold to a third party purchaser, the United States 
would receive additional cash payments in the maximum aggregate amount 
of $1,500,000 million (which, together with the $500,000 in cash that 
the United States would receive on the effective date of the settlement 
agreement, would total $2,000,000), which amount(s) will also be 
applied to Behr Dayton.
    The Department of Justice will receive, for a period of thirty days 
from the date of this publication, comments relating to the Settlement 
Agreement. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, and either e-
mailed to [email protected] or mailed to P.O. Box 7611, 
U.S. Department of Justice, Washington, DC 20044-7611, and should refer 
to In re Old Carco LLC, et al., D.J. Ref. 90-11-3-09743. Commenters may 
request an opportunity for a public meeting in the affected area, in 
accordance with Section 7003(d) of RCRA, 42 U.S.C. 6973(d).
    The Settlement Agreement may be examined at the Office of the 
United States Attorney, 86 Chambers Street, 3rd Floor, New York, New 
York 10007, and at the U.S. Environmental Protection Agency, Ariel Rios 
Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. During 
the public comment period, the Settlement Agreement may also be 
examined on the following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. Copies of the Settlement 
Agreement may also be obtained by mail from the Consent Decree Library, 
P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611 or 
by faxing or e-mailing a request to Tonia Fleetwood 
([email protected]), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $5.00 (25 cents per 
page reproduction cost) payable to the U.S. Treasury or, if by e-mail 
or fax, please forward a check in that amount to the Consent Decree 
Library at the stated address.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2010-18065 Filed 7-21-10; 8:45 am]
BILLING CODE 4410-15-P