[Federal Register Volume 72, Number 60 (Thursday, March 29, 2007)]
[Notices]
[Page 14831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1526]


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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 February 21, 2007, a proposed 
Settlement Agreement (``Agreement'') in In re Hayes Lemmerz 
International, Inc, et al., Case No. 01-11490, was lodged with the 
United States Bankruptcy Court for the District of Delaware. The 
Agreement is between Hayes Lemmerz and certain of its subsidiaries 
(collectively, the ``Debtors'') and the United States, on behalf of the 
United States Environmental Protection Agency (``EPA''), the United 
States Department of the Interior (``DOI''), and the National Oceanic 
and Atmospheric Administration (``NOAA'') of the United States 
Department of Commerce. The Agreement relates to liabilities of the 
Debtors under the Comprehensive Environmental Response, Compensation 
and Liability Act, 42 U.S.C. 9601 et seq.
    Under the Agreement, sites would be divided into three categories. 
For the first category--``Liquidated Sites''--the United States, of 
behalf of EPA, would receive allowed unsecured claims totaling 
$1,065,123 for response costs in connection with (1) The Operating 
Industries, Inc. Site in Monterey Park, California; (2) the Aqua Tech 
Site in Greer, South Carolina; (3) the Four County Landfill Site in 
Rochester, Indiana; (4) the Container Recycling Site (a/k/a the Greater 
Lakes Container Site) in Kansas City, Kansas; (5) the Reclamation Oil 
Site in Detroit, Michigan; and (6) the Swope Oil Site in Pennsauken, 
New Jersey. Under the Agreement, claims on behalf of DOI and NOAA for 
natural resource damages would not be liquidated, but instead would be 
addressed through the Agreement's provisions on Additional Sites, 
described below.
    For the second category of sites--``Debtor-owned Sites''--
environmental claims and actions by the United States would not be 
discharged.
    The third and final category of sites--Additional Sites--would 
include all other sites. For Additional Sites, the United States may 
not issue or seek environmental orders based on the Debtors' conduct 
before the bankruptcy action, but may recover response costs and 
natural resource damages based on such conduct, as if the United 
States' claims had been allowed unsecured claims under the Debtors' 
reorganization plan. Sites that are liquidated under the Agreement for 
EPA are treated as Additional Sites for DOI and NOAA.
    For a period of thirty (30) days from the date of this publication, 
the Department of Justice will receive comments relating to the 
Agreement. Comments should be addressed to the Acting Assistant 
Attorney General, Environmental and Natural Resources Division, and 
either e-mailed to <a href="/cdn-cgi/l/email-protection#7d0d081f1e1210101813095018180e5318130f193d080e191217531a120b"><span class="__cf_email__" data-cfemail="39494c5b5a5654545c574d145c5c4a175c574b5d794c4a5d5653175e564f">[email protected]</span></a> or mailed to P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044. Comments should 
refer to In re Hayes Lemmerz International, Inc, et al., Case No. 01-
11490 (MFW), D.J. Ref. No. 90-11-2-08019/1.
    The Agreement may be examined at the Office of the United States 
Attorney, 1007 Orange St., Suite 700, Wilmington, DE 19801, and at the 
United States Environmental Protection Agency, Ariel Rios Building, 
1200 Pennsylvania Avenue, NW., Washington, DC 20460. 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.htm. 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, or by faxing or e-mailing a request to Tonia 
Fleetwood (<a href="/cdn-cgi/l/email-protection#a4d0cbcacdc58ac2c8c1c1d0d3cbcbc0e4d1d7c0cbce8ac3cbd2"><span class="__cf_email__" data-cfemail="e99d86878088c78f858c8c9d9e86868da99c9a8d8683c78e869f">[email protected]</span></a>), fax number (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 $6.25 
(25 cents per page reproduction cost) payable to the United States 
Treasury.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Enviromental and 
Natural Resources Division.
[FR Doc. 07-1526 Filed 3-28-07; 8:45 am]
BILLING CODE 4410-15-M


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