[Federal Register Volume 60, Number 66 (Thursday, April 6, 1995)]
[Notices]
[Pages 17573-17574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8484]



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DEPARTMENT OF JUSTICE


Notice of Lodging of Settlement Agreement in Re Eagle-Picher 
Industries, Inc.

    Notice is hereby given that a proposed Settlement Agreement among 
the United States, the States of Michigan, Oklahoma, and Arizona and 
Debtor Eagle-Picher Industries, Inc. and certain of its subsidiaries 
was lodged on March 28, 1995, with the United States Bankruptcy Court 
for the Southern District of Ohio in In re Eagle-Picher Industries, 
Inc., No. 1-91-00100. Under the Agreement, the Debtors agree to an 
allowed general unsecured claim for the United States of $41,016,000 in 
the Debtors' bankruptcy proceeding for response costs and natural 
resource damages under the Comprehensive Environmental Response, 
Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9601 et seq., 
at the following twenty-three (23) sites: The Albion Sheridan Site in 
Albion, Michigan; the Auto-Ion Site in Kalamazoo, Michigan; the Carver 
Scrap Salvage Site in Carterville, Missouri; the Cedartown Site in 
Cedartown, Georgia; the Cemetery Site in Oakland County, Michigan; the 
Cherokee County Site in Cherokee County, Kansas; the Fisher-Calo Site 
in Kingsbury, Indiana; the Ft. Wayne Reduction Site in Ft. Wayne, 
Indiana; the Great Lakes Asphalt Site in Boone County, Indiana; the 
Howe Valley Site in Elizabethtown, Kentucky; the Laskin/Poplar Site in 
Jefferson, Ohio; the Northside Sanitary Landfill Site in Zionville, 
Indiana; the Oronogo-Duenweg Mining Belt (Jasper County) Site in Jasper 
County, Missouri; the Rasmussen Dump Site in Livingston County, 
Michigan; the Rose Township Site in Oakland County, Michigan; the 
Solvents Recovery Site in Southington, Connecticut; the Springfield 
Township Site in Oakland County, Michigan; the Tar Creek Site in Ottawa 
County, Oklahoma; the Thermo-Chem Site in Muskegon, Michigan; the 
Transicoil Site in Worcester, Pennsylvania; the Verona Wellfield/Thomas 
Solvent Site in Battle Creek, Michigan; the Wayne Waste Oil/Wayne 
Reclamation Site in Columbia City, Indiana; and the Xtron Site in 
Blandings, Utah. The Settlement Agreement includes a covenant not to 
sue for these sites as described in the Agreement under Sections 106 
and 107 of CERCLA and Section 7003 of the Resource Conservation and 
Recovery Act (``RCRA''), 42 U.S.C. 6973. The Settlement Agreement also 
provides that certain obligations and liabilities arising from 
prepetition acts, omissions, or conduct of Eagle-Picher at any 
[[Page 17574]] Additional Sites not owned by the debtors will be 
discharged under the bankruptcy laws but will be liquidated and 
satisfied as general unsecured claims if and when the United States or 
the States undertake enforcement activities in the ordinary course. 
Finally, the Settlement Agreement provides the United States with an 
allowed claim of $1,176,000 for civil penalties for violations of the 
Clean Water Act, 33 U.S.C. 1251 et seq., at an Eagle-Picher facility in 
Joplin, Missouri.
    The Department of Justice will receive comments relating to the 
proposed Settlement Agreement for 30 days following the publication of 
this Notice. Comments should be addressed to the Assistant Attorney 
General of the Environment and Natural Resources Division, Department 
of Justice, Washington, DC 20530, and should refer to In re Eagle-
Picher Industries, Inc., et al., D.J. Ref. No. 90-11-3-747. Commenters 
may request an opportunity for a public meeting in the affected area, 
in accordance with Section 7003(d) of RCRA.
    The proposed Settlement Agreement may be examined at the Office of 
the United States Attorney for the Southern District of Ohio, U.S. Post 
Office & Courthouse, 5th & Walnut Streets, Room 220, Cincinnati, Ohio 
45202; the Region V Office of the United States Environmental 
Protection Agency, 77 West Jackson Street, Chicago, Illinois 60604; and 
at the Consent Decree Library, 1120 G Street NW., 4th Floor, 
Washington, DC 20005 (202-624-0892). A copy of the proposed Settlement 
Agreement may be obtained in person or by mail from the Consent Decree 
Library, 1120 G Street NW., 4th Floor, Washington, DC 20005. In 
requesting a copy of the Settlement Agreement without attachments, 
please enclose a check in the amount of $13.50 (25 cents per page for 
reproduction costs), payable to the Consent Decree Library. In 
requesting a copy of the Settlement Agreement with attachments, please 
enclose a check in the amount of $33.00 (25 cents per page for 
reproduction costs), payable to the Consent Decree Library.
Joel M. Gross,
Acting Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 95-8484 Filed 4-5-95; 8:45 am]
BILLING CODE 4410-01-M