[Federal Register Volume 76, Number 84 (Monday, May 2, 2011)]
[Notices]
[Pages 24522-24523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10464]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Filing of Settlement Agreement Under the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA)

    Notice is hereby given that on or about April 25, 2011, a proposed 
Settlement Agreement in In re: Old AII, Inc. (f/k/a Aleris 
International, Inc.) et al., Case No. 09-10478 (BLS), was lodged 
pursuant to Fed. R. Bank. Proc. 9019 with the United States Bankruptcy 
Court for the District of Delaware.
    The proposed Settlement Agreement resolves a claim asserted in this 
Chapter 11 bankruptcy proceeding by the United

[[Page 24523]]

States on behalf of the United States Environmental Protection Agency 
(``EPA'') for reimbursement of response costs incurred or to be 
incurred by EPA at the Halaco Superfund Site, located in Oxnard, 
California, from Debtor Commonwealth Aluminum Concast, Inc. 
(``Commonwealth Aluminum''). The United States alleged Commonwealth 
Aluminum is liable under Section 107(a)(3) of the Comprehensive 
Environmental Response Compensation and Liability Act, as amended 
(``CERCLA''), 42 U.S.C. 9607(a)(3), at the Halaco Site as a generator 
of hazardous wastes disposed of at the Site. Under the Settlement 
Agreement, the United States' claim will be allowed as an unsecured 
claim in the amount of $2,672,800.00, to be paid as a Class 5 claim 
(General Unsecured Claims Other than Convenience Claims and Insured 
Claims) in accordance with the confirmed First Amended Joint Plan of 
Reorganization of Aleris International, Inc. and Its Affiliated 
Debtors, as Modified (the ``Plan'').
    The proposed Settlement Agreement also resolves the United States' 
claims for civil penalties and punitive damages under Sections 106 and 
107 of CERCLA, 42 U.S.C. 9606 and 9607, for any failure that occurred 
through the date of lodging of the Settlement Agreement with the 
Bankruptcy Court by Commonwealth Aluminum (as successor to Barmet 
Aluminum Corporation), without sufficient cause, to comply with a 
Unilateral Administrative Order for Remedial Design and Remedial Action 
at the Brantley Landfill Site, located in Island, McLean County, 
Kentucky, issued by EPA on March 31, 1995 (the ``Brantley UAO''). In 
return for the resolution of these claims, Aleris Rolled Products, Inc. 
agrees to undertake on a going forward basis the obligations under the 
Brantley UAO.
    Finally, the Settlement Agreement reflects the resolution of 
certain claims asserted by the United States, on behalf of EPA, against 
Debtors Aleris International, Inc. and Wabash Alloys, L.L.C., 
respectively, under the Clean Air Act, 42 U.S.C. 7401-767, and the 
Toxic Substances Control Act, 15 U.S.C. 2601-2697, by providing for the 
withdrawal of the proofs of claim asserting those claims.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed 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 AII, Inc. (f/k/a Aleris International, Inc.) 
et al., Case No. 09-10478 (BLS), D.J. Ref. 90-5-2-1-08603/2.
    During the public comment period, the proposed 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 proposed 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, forward a check in that amount to the Consent 
Decree Library at the stated address.

Henry Friedman,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2011-10464 Filed 4-29-11; 8:45 am]
BILLING CODE 4410-15-P