82 FR 22675 - Notice of Lodging of Proposed Settlement Agreement Under the Comprehensive Environmental Response, Compensation, and Liability Act

DEPARTMENT OF JUSTICE

Federal Register Volume 82, Issue 94 (May 17, 2017)

[Federal Register Volume 82, Number 94 (Wednesday, May 17, 2017)]
[Notices]
[Page 22675]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09984]



[[Page 22675]]

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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Settlement Agreement Under the 
Comprehensive Environmental Response, Compensation, and Liability Act

    On May 11, 2017, a proposed Settlement Agreement was lodged with 
the Circuit Court of Cook County, Illinois, in the case entitled In the 
Matter of the Rehabilitation of Centaur Insurance Company, No. 87 CH 
8615.
    The Centaur Insurance Company (``Centaur'') is in rehabilitation 
under the jurisdiction of the Circuit Court of Cook County, Illinois 
County Department, Chancery Division. In that proceeding, the United 
States has asserted claims totaling $10 million on behalf of the 
Environmental Protection Agency under an insurance policy issued by 
Centaur to LCP Chemicals, Inc. (``LCP'') in 1982 (the ``Policy''). The 
Policy is an Excess Umbrella Liability policy with a liability limit of 
$10 million in excess of $11 of underlying liability. The claims under 
the Policy are based on LCP's liability to EPA under the Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA''), 
42 U.S.C. 9601, et seq., at three Superfund sites: The LCP Chemicals 
Site in Brunswick, Georgia (``Brunswick Site''), the Hanlin-Allied-Olin 
Superfund Site in Moundsville, West Virginia (``Moundsville Site''), 
and the LCP Chemicals, Inc. Superfund Site in Linden, New Jersey 
(``Linden Site''). The Office of the Deputy Receiver, Illinois 
Department of Insurance (``Rehabilitator), has been appointed as the 
rehabilitator of Centaur under the Illinois statutes governing 
insurance receiverships.
    The Settlement Agreement will require the Rehabilitator to pay EPA 
$8,750,000, to be allocated as follows: $2,916,667 for the Brunswick 
Site, $2,916,667 for the Moundsville Site, and $2,916,666 for the 
Linden Site. In exchange for this payment, the United States, on behalf 
of EPA, promises not to file a civil action against the Rehabilitator 
or Centaur for all liabilities under the Policy arising under CERCLA 
for the Brunswick Site, the Moundsville Site, the Linden Site, or any 
other site. The Settlement Agreement preserves the United States' right 
to file (a) any claim based on any other insurance policy issued by 
Centaur, (b) any claim by EPA under the Policy based on statutes other 
than CERCLA, and (c) any claims of federal agencies other than EPA 
under the Policy.
    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 In the Matter of the Rehabilitation of Centaur 
Insurance Company, No. 87 CH 8615 (Ill. Circuit Ct. Cook County), D.J. 
Ref. No. 90-11-3-10462. 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..................................  [email protected].
By mail...................................  Assistant Attorney General,
                                             U.S. DOJ-ENRD, P.O. Box
                                             7611, Washington, D.C.
                                             20044-7611.
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    During the public comment period, the Settlement Agreement may be 
examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. 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 $1.50 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2017-09984 Filed 5-16-17; 8:45 am]
 BILLING CODE 4410-15-P