[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Pages 20910-20911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08324]



Notice of Lodging of Proposed Settlement Agreement Under the 
Federal Debt Collection Procedures Act, Comprehensive Environmental 
Response, Compensation and Liability Act, the Resource Conservation and 
Recovery Act, and Other Statutes

    On April 3, 2014, the Department of Justice lodged a proposed 
settlement agreement (the ``Settlement Agreement'') with the United 
States Bankruptcy Court for the Southern District of New York in the 
matter entitled Tronox Inc., et al., and United States v. Anadarko 
Petroleum Corp., et al., Bankruptcy Adversary Proceeding No. 09-1198. 
This matter is part of the bankruptcy case of Tronox Inc. and its 
affiliates (collectively ``Tronox''), In re Tronox Inc., et al., No. 
09-10156, in the same court.
    The parties to the proposed Settlement Agreement are Anadarko 
Petroleum Corp., Kerr McGee Corporation, and six related entities (the 
``Defendants''), the United States, and the Anadarko Litigation Trust. 
The Settlement Agreement provides for $5.15 billion dollars plus 
interest to be

[[Page 20911]]

paid to the Anadarko Litigation Trust. These proceeds will then be 
distributed to the United States, certain environmental response 
trusts, a tort claims trust, and certain state and tribal governments 
as provided by the Plan of Reorganization, Litigation Trust Agreement, 
Environmental Settlement Agreement, and other documents (collectively, 
the ``Bankruptcy Documents'') previously approved by the bankruptcy 
court in Tronox's bankruptcy.
    The Settlement Agreement resolves fraudulent conveyance claims 
brought by the United States and the Anadarko Litigation Trust against 
Defendants. As part of the Settlement Agreements, Defendants will 
receive covenants not to sue from the United States under various 
statutes, including the Federal Debt Collection Procedures Act, the 
Comprehensive Environmental Response Compensation, and Liability Act 
and Resource Conservation and Recovery Act, and for common law claims 
derivative of Tronox's claims against Defendants, all as and to the 
extent specified in the Settlement Agreement.
    Pursuant to this Settlement Agreement and the Bankruptcy Documents, 
portions of the Defendants' payment under the Settlement Agreement will 
fund clean-up or pay for past or future environmental costs or natural 
resource damages at numerous sites around the county. Among the sites 
at issue are the following:

The Mobile Pigment Complex, Mobile, AL
The former Petroleum Terminal Site, Birmingham, AL
The Jacksonville AgChem Site, Jacksonville, FL
The former titanium dioxide plant in Savannah, GA
The Soda Springs Vanadium Plant, Soda Springs, ID
The Kress Creek and Residential Areas Sites, W. Chicago, IL
The Rare Earths Facility, W. Chicago, IL
The Lindsay Light Thorium Sites, Chicago, IL
The former wood treating facility, Madison, IL
The former wood treating facility, Indianapolis, IN
The former wood treating facility, Bossier City, LA
The Calhoun Gas Plant Site, Calhoun, LA
The Fireworks Site, Hanover, MA
The former wood treating facility, Kansas City, MO
The former wood treating facility, Springfield, MO
The former wood treating facility, Columbus, MS
The former wood treating facility, Hattiesburg, MS
The Navassa wood treating Site, Wilmington, NC
The former Federal Creosote facility, Manville, NJ
The Welsbach Gas and Mantle Site, Camden, NJ
The Henderson Facility, Henderson, NV
The former wood treating facility, Rome, NY
The Toledo Tie Site, Toledo, OH
The former nuclear fuels facility, Cimarron, OK
The Cleveland Refinery Site, Cleveland, OK
The Cushing Refinery Sites, Cushing, OK
The White King/Lucky Lass mine site, Lakeview, OR
The former wood treating facility, Avoca, PA
The Corpus Christi Petrol Terminal Site, CC, TX
The former wood treating facility, Texarkana, TX
The Riley Pass Mine Site, Harding County, SD
More than 50 former uranium mines and mills, including Shiprock, 
Churchrock, and Ambrosia Lake on and in the vicinity of Navajo Nation, 
The former Moss American Site, Milwaukee, WI
More than 1800 current and former service stations in twenty-four 

    The publication of this notice opens a period for public comment on 
the Settlement Agreement. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to Tronox and United States v. Anadarko Petroleum Corp., 
D.J. Ref. No. 90-11-3-09688. All comments must be submitted no later 
than thirty (30) days after the publication date of this notice. 
Comments may be submitted either by email or by mail:

         To submit comments:                     Send them to:
By email............................  pubcomment-ees.enrd@usdoj.gov.
By mail.............................  Assistant Attorney General; U.S.
                                       DOJ--ENRD; P.O. Box 7611;
                                       Washington, DC 20044-7611.

    Under section 7003(d) of RCRA, a commenter may request an 
opportunity for a public meeting in the affected area.
    During the public comment period, the Settlement Agreement may be 
examined and downloaded at a Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy 
of the Settlement Agreement upon written request and payment of 
reproduction costs. Please mail your request and payment to: Consent 
Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-
    Please enclose a check or money order for $32.00 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy without exhibits or notice of lodging, the cost is $14.75.

Robert E. Maher Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2014-08324 Filed 4-11-14; 8:45 am]