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Notice of Lodging of Settlement Agreement Under the Clean Air Act, Comprehensive Environmental Response, Compensation, and Liability Act and the Resource Conservation and Recovery Act

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American Government Topics:  General Motors

Notice of Lodging of Settlement Agreement Under the Clean Air Act, Comprehensive Environmental Response, Compensation, and Liability Act and the Resource Conservation and Recovery Act

Maureen Katz
Federal Register
March 10, 2011

[Federal Register: March 10, 2011 (Volume 76, Number 47)]
[Notices]               
[Page 13208-13209]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10mr11-103]                         

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DEPARTMENT OF JUSTICE

 
Notice of Lodging of Settlement Agreement Under the Clean Air 
Act, Comprehensive Environmental Response, Compensation, and Liability 
Act and the Resource Conservation and Recovery Act

    Notice is hereby given that on March 4, 2011, a proposed Consent 
Decree and Settlement Agreement (the ``Non-Owned Site Settlement 
Agreement'') in the bankruptcy matter, Motors Liquidation Corp, et al., 
f/k/a General Motors Corp., et al., Jointly Administered Case No. 09-
50026 (REG), was lodged with the United States Bankruptcy Court for the 
Southern District of New York. The Parties to the Non-Owned Site 
Settlement Agreement are debtors Motors Liquidation Corporation, 
formerly known as General Motors Corporation, Remediation and Liability 
Management Company, Inc., and Environmental Corporate Remediation 
Company, Inc. (collectively, ``Old GM'') and the United States of 
America. The Settlement Agreement resolves claims and causes of action 
of the Environmental Protection Agency (``EPA'') against Old GM under 
the Comprehensive Environmental Response, Compensation, and Liability 
Act (``CERCLA''), 42 U.S.C. 9601-9675, and the Resource Conservation 
and Recovery Act (``RCRA''), 42 U.S.C. 6901 et seq. with respect to the 
following sites:

    1. The Casmalia Resources Superfund Site in California;
    2. The Operating Industries, Inc. Landfill Superfund Site in 
California;
    3. The Army Creek Landfill Superfund Site in Delaware;
    4. The Delaware Sand & Gravel Superfund Site in Delaware;
    5. The Lake Calumet Superfund Site in Illinois;
    6. The Waukegan Manufactured Gas & Coke Plant Superfund Site in 
Illinois;
    7. The Doepke Holliday Disposal Superfund Site in Kansas;
    8. The 68th Street Dump Superfund Site in Maryland;
    9. The Maryland Sand, Gravel, and Stone Superfund Site in 
Maryland;
    10. The Spectron Superfund Site in Maryland;
    11. The Dearborn Refining Site in Michigan;
    12. The Flint West a/k/a Chevy in The Hole Site in Michigan;
    13. The Forest Waste Disposal Superfund Site in Michigan;
    14. The H. Brown Company Superfund Site in Michigan;
    15. The Reclamation Oil Company Site in Michigan;
    16. The Rose Township Dump Superfund Site in Michigan;
    17. The Springfield Township Dump Superfund Site in Michigan;
    18. The Ventron/Velsicol Superfund Site in New Jersey;
    19. The Atlantic Resources Corporation Superfund Site in New 
Jersey;
    20. The Sealand Restoration Inc. Superfund Site in New York;
    21. The Tri-Cities Barrel Superfund Site in New York;
    22. The Massena Superfund Site in New York;
    23. The Mercury Refining Superfund Site located in New York;
    24. The Tremont City Barrel Fill Site in Ohio;
    25. The Cardington Road Superfund Site in Ohio;
    26. The Ford Road Landfill Superfund Site in Ohio;
    27. The Valleycrest Landfill Site in Ohio;
    28. The South Dayton Dump & Landfill Superfund Site in Ohio;
    29. The Chemical Recovery Systems Site in Ohio;
    30. The Lammers Barrel Superfund Site in Ohio;
    31. The Malvern TCE Superfund Site in Pennsylvania;
    32. The Tonolli Corporation Superfund Site in Pennsylvania;
    33. The Jacks Creek/Sitkin Smelting Corporation Superfund Site 
in Pennsylvania; and
    34. The Breslube-Penn Superfund Site in Pennsylvania.

    The Settlement Agreement also resolves civil penalty claims for 
failure to maintain adequate financial assurance for closure, post-
closure and third party liability pursuant to RCRA Sections 3004(a) and 
(t), 42 U.S.C. 6924(a) and (t) with respect to the following 
facilities:

    1. Cadillac/Luxury Car Engineering and Manufacturing, (Formerly 
Fiero), Pontiac, Michigan.
    2. Cadillac/Luxury Car Engineering and Manufacturing, Flint, 
Michigan;
    3. GM Former Allison Gas Turbine (AGT) Division, Indianapolis, 
Indiana;
    4. GM Locomotive Group, LaGrange, Illinois;
    5. GM Powertrain Group, Defiance, Ohio;
    6. GM Truck Group, Shreveport, Louisiana;
    7. GMC GM Technical Center, Warren, Michigan;
    8. Lansing Automotive Division, Lordstown, Ohio;
    9. Powertrain Group Saginaw Metal Castings, Saginaw, Michigan;
    10. Worldwide Facilities Group--MFD, Lordstown, Ohio;
    11. Worldwide Facilities Group, Anderson, Indiana;
    12. Worldwide Facilities Group, Coldwater Road, Flint, Michigan;
    13. Worldwide Facilities Group, Elyria, Ohio; and
    14. Worldwide Facilities Group, Moraine, Ohio.

    The Settlement Agreement also resolves civil penalty claims 
resulting from RCRA inspections at the following automotive assembly 
plants:

    1. The Pontiac East Assembly Plant, also known as the ``Pontiac 
Assembly Center,'' 2100 South Opdyke Road, Pontiac, Michigan;
    2. The Orion Assembly Plant, 4555 Giddings Road, Lake Orion, 
Michigan;
    3. The Moraine Assembly Plant, 2601 West Stroop Road, Moraine, 
Ohio;
    4. The Wilmington Assembly Plant, 801 Boxwood, Wilmington, 
Delaware;
    5. The Doraville Facility, 3900 Motors Industrial Way, 
Doraville, Georgia;
    6. The Fairfax Assembly Plant, 3201 Fairfax Trafficway, Kansas 
City, Kansas;
    7. The Wentzville Assembly Plant, 1500 East Route ``A,'' 
Wentzville, Missouri; and
    8. The GM Lansing Car Assembly Plant, 401 N. Verlinden Avenue, 
Lansing, Michigan.

    Finally, the Settlement Agreement resolves civil penalty claims 
under the Clean Air Act (``CAA'') 42 U.S.C. 7401-7671q with respect to 
manufacturing new automotive engines and selling or introducing them 
into commerce.Under the Non-Owned Site Settlement Agreement, EPA will 
receive an allowed general unsecured claim of $36,290,270 for 
environmental remediation at twenty-nine non-owned sites and civil 
penalties for CAA and RCRA violations at multi-regional sites. EPA will 
also receive a total cash amount of $4,613,322 from bonds, and work up 
to

[[Page 13209]]

the amount of $10.5 million in accordance with bond requirements at six 
non-owned sites.
    The Department of Justice will receive, for a period of fifteen 
days from the date of this publication, comments relating to the Non-
Owned Site Settlement Agreement. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and either emailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. 
Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and 
should refer to In re Motors Liquidation Corp., et al., D.J. Ref. 90-
11-3-09754. Commenters may request an opportunity for a public meeting 
in the affected area, in accordance with Section 7003(d) of RCRA, 42 
U.S.C. 6973(d).
    The Non-Owned Site Settlement Agreement may be examined at the 
Office of the United States Attorney, 86 Chambers Street, 3rd Floor, 
New York, New York 10007, and at the U.S. Environmental Protection 
Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, 
DC 20460. During the public comment period, the Non-Owned Site 
Settlement Agreement may also be examined on the following Department 
of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. 
Copies of the Non-Owned Site Settlement Agreement may also be obtained 
by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department 
of Justice, Washington, DC 20044-7611 or by faxing or e-mailing a 
request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (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 $6.75 (25 cents per page reproduction cost) payable to the 
U.S. Treasury or, if by e-mail or fax, please forward a check in that 
amount to the Consent Decree Library at the stated address.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2011-5445 Filed 3-9-11; 8:45 am]
BILLING CODE 4410-15-P



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