[Federal Register Volume 75, Number 228 (Monday, November 29, 2010)]
[Notices]
[Pages 73130-73131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30027]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree and Environmental Settlement
under the Comprehensive Environmental Response, Compensation and
Liability Act, and the Resource Conservation and Recovery Act
Notice is hereby given that on November 23, 2010, a proposed
Consent Decree and Environmental Settlement Agreement (``Settlement
Agreement'') in the matter of In re: Tronox Incorporated, et al., Case
No.09-10156 (ALG) (Jointly Administered), was lodged with the United
States Bankruptcy Court for the Southern District of New York.
The parties to the proposed Settlement Agreement are Tronox
Incorporated, and fourteen of its affiliates (collectively, ``Tronox''
or ``Debtors''), the United States, the Navajo Nation, twenty-two
states, and several municipalities (collectively, the ``Governmental
Environmental Claimants''). The proposed Settlement Agreement creates
five environmental response trusts and provides for Tronox to pay $270
million and certain other consideration to the environmental response
trusts and Governmental Environmental Claimants. Additionally, Tronox
is to assign its rights in a pending fraudulent conveyance lawsuit
against its former parent, Kerr-McGee Corporation, and Anadarko
Petroleum Corporation, which purchased Kerr-McGee, to a litigation
trust that will pay 88% of its net recoveries to the environmental
response trusts and Governmental Environmental Claimaints. The
fraudulent conveyance lawsuit alleges that Kerr-McGee and Anadarko
defrauded Tronox and its creditors, including the United States, by
imposing on Tronox all of Kerr-McGee's environmental liabilities
without sufficient means to satisfy those liabilities.
The Settlement Agreement resolves certain environmental liabilities
of the Debtors to the Governmental Environmental Claimants at more than
2000 sites and indicates the amount of cash and percentage of net
recoveries from the fraudulent conveyance action that will be provided
by site. Among the sites included in the settlement are:
The Mobile Pigment Complex, Mobile, AL
The former Petroleum Terminal Site, Birmingham, AL
The Jacksonville AgChem Site, Jacksonville, FL
The former titanium dioxide Plant, Savannah, GA
The Rare Earths Facility, W. Chicago, IL
The Kress Creek and Residential Areas Sites, W. Chicago, IL
The Lindsay Light Thorium Sites, Chicago, IL
The former wood treating facility, Madison, IL
The Soda Springs Vanadium Plant, Soda Springs, ID
The former wood treating facility, Columbus, MS
The former wood treating facility, Hattiesburg, MS
The Navassa wood treating Site, Wilmington, NC
The Henderson Facility, Henderson, NV
The former wood treating facility, Bossier City, LA
The Calhoun Gas Plant Site, Calhoun, LA
The Fireworks Site, Hanover, MA
The former nuclear fuels facility, Cimarron, OK
The Cleveland Refinery Site, Cleveland, OK
[[Page 73131]]
The Cushing Refinery Sites, Cushing, OK
The Corpus Christi Petrol Terminal Site, CC, TX
The former wood treating facility, Texarkana, TX
The former wood treating facility, Kansas City, MO
The former wood treating facility, Springfield, MO
The former wood treating facility, Rome, NY
The former wood treating facility, Avoca, PA
The Riley Pass Mine Site, Harding County, SD
The former wood treating facility, Indianapolis, IN more than 50 former
uranium mines and mills, including Shiprock, Churchrock, and Ambrosia
Lake on and in the vicinity of Navajo Nation, NM, AZ
The White King/Lucky Lass mine site, Lakeview, OR
The Toledo Tie Site, Toledo, OH
The Welsbach Gas and Mantle Site, Camden, NJ
The former Federal Creosote facility, Manville, NJ
The former Moss American Site, Milwaukee, WI more than 1800 current and
former service stations in twenty-four states
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the Consent
Decree and 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 Tronox, Incorporated et al., D.J. Ref. 90-11-3-
09688. 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 Consent Decree and Settlement Agreement may be examined at the
Office of the United States Attorney, 86 Chambers Street--3rd Floor,
New York, New York 10007. During the public comment period, the Consent
Decree and Settlement Agreement may also be examined on the following
Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Consent Decree and 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 $53.25 (213 pages,
exclusive of signature pages and attachments; 25 cents per page
reproduction cost) or $123.75 (495 pages, including signatures and
attachments) payable to the U.S. Treasury or, if by e-mail or fax,
forward a check in that amount to the Consent Decree Library at the
stated address.
Maureen M. Katz,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2010-30027 Filed 11-26-10; 8:45 am]
BILLING CODE 4410-CW-P