Notice of Lodging of Proposed Settlement Agreement Under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”)

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Published

October 18, 2021

Issuing agencies

Justice Department

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<title>Federal Register, Volume 86 Issue 198 (Monday, October 18, 2021)</title>
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[Federal Register Volume 86, Number 198 (Monday, October 18, 2021)]
[Notices]
[Pages 57699-57700]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22622]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Settlement Agreement Under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA'')

    On October 12, 2021, the Department of Justice lodged a proposed 
Settlement Agreement in In re: LGA3 Corp., Civil Action No. 20-11456 
with the United States Bankruptcy Court for the District of Delaware 
(Bankruptcy Court).
    On June 1, 2020, Syracuse China Company and certain affiliates 
filed a voluntary petition for relief under Chapter 11 of the 
Bankruptcy Code, which was jointly administered as In re: Libbey Glass 
Inc. et al., Case No. 20-11439. Under the First Amended Joint Plan of 
Reorganization for Libbey Glass and its Affiliate Debtors Under Chapter 
11 of the Bankruptcy Code, as confirmed by the Bankruptcy Court, the 
Debtors have reserved $900,000 as a General Unsecured Recovery Cash 
Pool to be distributed on a pro rata basis to holders of Allowed 
General Unsecured Claims.
    The United States, on behalf of the United States Environmental 
Protection Agency (EPA), filed a proof of claim contending that 
Syracuse China Company was liable under the Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601-
9675, for the United States' response costs incurred in response to 
releases and threats of releases of hazardous substances at or in 
connection with two Operable Units (OUs) of the Onondaga Lake Superfund 
Site, located in Syracuse, Onondaga County, New York. These OUs are 
referred to as the Lower Ley Creek OU and the Ley Creek Deferred Media 
OUs (collectively, the Ley Creek OUs).
    Under the Settlement Agreement, the United States on behalf of EPA 
shall have an Allowed General Unsecured Claim in the amount of 
$6,616,976 to be allocated between the Ley Creek OUs in proportion to 
the alleged remedial action costs as alleged in the United States' 
proof of claim filed in this action.
    The publication of this notice opens a period for public comment on 
the proposed Settlement Agreement. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources

[[Page 57700]]

Division, Environmental Enforcement Section, and should refer to In re 
LGA3 Corp., Civil Action No. 20-11456 (Bankr. D. Del.), D.J. Ref. No. 
90-11-3-08348/6. 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:

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         To submit comments:                     Send them to:
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By email............................  <a href="/cdn-cgi/l/email-protection#7e0e0b1c1d1113131b100a531b1b0d501b100c1a3e0b0d1a111450191108"><span class="__cf_email__" data-cfemail="e696938485898b8b838892cb838395c883889482a6939582898cc8818990">[email&#160;protected]</span></a>.
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    During the public comment period, the Settlement Agreement may be 
examined and downloaded at this Justice Department website: <a href="https://www.justice.gov/enrd/consent-decrees">https://www.justice.gov/enrd/consent-decrees</a>. 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-
7611.
    Please enclose a check or money order for $3.50 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2021-22622 Filed 10-15-21; 8:45 am]
BILLING CODE 4410-15-P


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