[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]


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

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 <a href="/cdn-cgi/l/email-protection#99e9ecfbfaf6f4f4fcf7edb4fcfceab7fcf7ebfdd9eceafdf6f3b7fef6ef"><span class="__cf_email__" data-cfemail="d1a1a4b3b2bebcbcb4bfa5fcb4b4a2ffb4bfa3b591a4a2b5bebbffb6bea7">[email protected]</span></a> 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 <a href="/cdn-cgi/l/email-protection#99fdf6f7f8f5fdb7ffebf8f7f2fcf5d9eceafdf6f3b7fef6ef"><span class="__cf_email__" data-cfemail="07636869666b6329617566696c626b47727463686d29606871">[email protected]</span></a>.
    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 (<a href="/cdn-cgi/l/email-protection#a7d3c8c9cec689c1cbc2c2d3d0c8c8c3e7d2d4c3c8cd89c0c8d1"><span class="__cf_email__" data-cfemail="3b4f5455525a155d575e5e4f4c54545f7b4e485f5451155c544d">[email protected]</span></a>), 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]
BILLING CODE 4410-15-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>