[Federal Register Volume 76, Number 8 (Wednesday, January 12, 2011)]
[Notices]
[Pages 2134-2135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-523]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Settlement Agreement Under the Comprehensive
Environmental Response, Compensation, and Liability Act and Chapter 11
of the United States Bankruptcy Code
Notice is hereby given that on January 7, 2011, a proposed
Settlement Agreement (``Agreement'') in In re Crucible Materials Corp.,
Case No. 09-11582 (MFW) (Bankr. D. Del.), was lodged with the United
States Bankruptcy Court for the District of Delaware. The Agreement was
entered into by the United States, on behalf of the United States
Environmental Protection Agency (``EPA''), Crucible Materials
Corporation and Crucible Development Corporation (the ``Debtors''), and
Honeywell International Inc. (``Honeywell''). The Agreement relates to
liabilities of the Debtors under the Comprehensive Environmental
[[Page 2135]]
Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601 et
seq. (``CERCLA'').
The Agreement provides that EPA will have allowed general unsecured
claims in the following amounts with respect to the following sites,
all of which are located in Onondaga County, New York: (1) $636,000 in
connection with the Lake Bottom Subsite of the Onondaga Lake Superfund
Site, (2) $320,000 in connection with the Willis Avenue Subsite of the
Onondaga Lake Superfund Site, (3) $27,328 in connection with the
Crucible Plant Site, (4) $3,255 in connection with the Lake Pump
Station Site, and (5) $12,956 in connection with the Maestri-II Site.
Under the Agreement, EPA has agreed not to bring a civil action or take
administrative action against the Debtors pursuant to Sections 106 and
107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a), and Section 7003 of the
Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973,
relating to the Lake Bottom Subsite and the Willis Avenue Subsite of
the Onondaga Lake Superfund Site. EPA has also agreed not to bring a
civil action or take administrative action against the Debtors pursuant
to Section 107(a) of CERCLA, 42 U.S.C. 9607(a), relating to response
costs incurred by EPA on or before September 30, 2010 in connection
with the Crucible Plant Site, the Lake Pump Station Site, or the
Maestri-II Site.
The Agreement also provides that the liability of the Debtors to
EPA, with respect to the Butler Mine Tunnel Superfund Site, located in
Pittston Township, Pennsylvania, and the consent decree entered into by
one of the Debtors in connection with that site (United States v.
Auburn Technology, Inc., No. 3:CV00-1912 (M.D. Pa. Feb. 15, 2001), will
not be affected by the Agreement.
Finally, the Agreement also provides that Honeywell will have an
allowed general unsecured claim in the amount of $20,564,000 in
connection with the Lake Bottom Subsite of the Onondaga Lake Superfund
Site.
For a period of 15 days from the date of this publication, the
Department of Justice will receive comments relating to the Agreement.
To be considered, comments must be received by the Department of
Justice by the date that this 15 days from the date of this
publication. 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, and should refer to
In re Crucible Materials Corp., Case No. 09-11582 (MFW) (Bankr. D.
Del.) and D.J. Ref. No. 90-11-3-134/3. A copy of the comments should be
sent to Donald G. Frankel, Senior Counsel, Department of Justice,
Environmental Enforcement Section, One Gateway Center, Suite 616,
Newton, MA 02458 or e-mailed to [email protected].
The Agreement may be examined at the Office of the United States
Attorney, District of Delaware, 1201 Market Street, Suite 1100,
Wilmington, Delaware (contact Ellen Slights at 302-573-6277. During the
public comment period, the 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 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 of the
Agreement from the Consent Decree Library, please enclose a check in
the amount of $4.75 (25 cents per page reproduction cost) payable to
the U.S. Treasury (if the request is by fax or email, forward a check
to the Consent Decree library at the address stated above). Commenters
may request an opportunity for a public meeting, in accordance with
Section 7003(d) of RCRA, 42 U.S.C. 6973(d).
Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2011-523 Filed 1-11-11; 8:45 am]
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