[Federal Register Volume 69, Number 74 (Friday, April 16, 2004)]
[Notices]
[Page 20641]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 04-8664]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Settlement Agreement Under the Comprehensive 
Environmental Response, Compensation and Liability Act, the Emergency 
Planning and Community Right-To-Know Act, and Chapter 11 of the United 
States Bankruptcy Code

    Notice is hereby given that on April 12, 2004, a proposed 
Settlement Agreement (``Agreement'') in In re GenTek, Inc., Case No. 
02-12968, was lodged with the United States Bankruptcy Court for the 
District of Delaware. The Agreement is between GenTek, Inc. and its 
affiliated debtors and debtors-in-possession (collectively, the 
``Debtors'') and the United States, on behalf of the United States 
Environmental Protection Agency (``EPA''), the United States Department 
of the Interior, and the National Oceanic and Atmospheric 
Administration of the United States Department of Commerce. The 
Agreement relates to liabilities of the Debtors under the Comprehensive 
Environmental Response, Compensation and Liability Act of 1980, 42 
U.S.C. 9610 et seq. (``CERCLA'') and the Emergency Planning and 
Community Right-to-Know Act, 42 U.S.C. 11001 et seq. (``EPCRA''). The 
Agreement provides as follows:
    1. The United States, on behalf of EPA, would receive (a) an 
allowed general unsecured claim in the amount of $352,437 for 
unreimbursed response costs incurred through June 27, 2003 in 
connection with the Allied Chemical Corporation Works Site located in 
Front Royal, Virginia (Debtor General Chemical Corporation is a 
potentially responsible party at this site), and (b) and allowed claim 
in the amount of $36,000 with respect to violations by Debtor General 
Chemical Corporation of the notice requirements of Section 304 of 
EPCRA, 42 U.S.C. 11004, with respect to the release of sulfur trioxide 
on or about January 19, 2000 at the Delaware Valley Works in Claymont, 
Delaware.
    2. The Debtors have agreed to comply with the following Unilateral 
Administrative Orders (``UAOs''), as amended, issued to Debtor General 
Chemical Corporation: (a) September 30, 1998 UAO issued by Region 3 of 
EPA requiring the implementation of a removal action at the Allied 
Chemical Corporation Works Site located in Front Royal, Virginia, and 
(b) the August 30, 2000 UAO issued by Region 3 of EPA under the 
Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq., with 
respect to the Delaware Valley Works in Claymont, Delaware.
    3. For Debtor-Owned sites, there shall be no discharge under 
Section 1141 of the Bankruptcy Code with respect to, inter alia, 
actions against Debtors by the United States under CERCLA or RCRA 
seeking to compel the performance of a removal action, remedial action, 
or corrective action.
    4. For all other sites including, without limitation, the Kim-Stan 
Site in Alleghany County, Virginia and the Allied Chemical Corporation 
Works Site located in Front Royal, Virginia (except for the response 
costs paid at the site through June 27, 2003 and the obligations of 
General Chemical Corporation under the September 20, 1998 UAO), the 
United States may not issue or seek environmental cleanup orders based 
on the Debtors' conduct before the bankruptcy action, but may recover 
response costs and natural resource damages based on such conduct, in 
an amount that is approximately equivalent to the amount the United 
States would have received if the United States' claims had been 
allowed unsecured claims under the Debtors' reorganization plan.
    For a period of 15 days from the date of this publication, the 
Department of Justice will receive comments relating to the Agreement. 
Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044, and should refer to In re 
GenTek, Inc., Case No. 02-12968 (Bankr. D. Del.), D.J. Ref. No. 90-7-1-
23/4. A copy of the comments should be sent to Donald G. Frankel, 
Department of Justice, Environmental Enforcement Section, One Gateway 
Center, Suite 616, Newton, MA 02458.
    The Agreement may be examined at the Office of the United States 
Attorney, district of Delaware, 1201 Market Street, Suite 1100, P.O. 
Box 2046, Wilmington, Delaware 19899-2046 (contact Ellen Slights at 
302-573-6277). During the public comment period, the Agreement may also 
be examined on the following Department of Justice website, http://
www.usdoj.gov/enrd/open.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, or by faxing or e-mailing 
a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), 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 $5.00 (25 cents per page reproduction cost) payable to the 
United States Treasury.

Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 04-8664 Filed 4-15-04; 8:45 am]
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