[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
