Notice of Lodging of Stipulation and Order Under the Comprehensive Environmental Response, Compensation and Liability Act and the Clean Water Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Stipulation and Order Under the

Comprehensive Environmental Response, Compensation and Liability Act

and the Clean Water Act

Notice is hereby given that on June 17, 2008, a proposed

Stipulation and Order (``Stipulation'') in In re Dana Corporation, et

al., Civil Action No. 07-8160 (SAS) (Jointly Administered Bankruptcy

Case No. 06-10354) was lodged with the United States District Court for

the Southern District of New York.

In this action, the United States filed proofs of claim in the

bankruptcy proceedings of debtor Dana Corporation and 40 of its

affiliates (``Dana'') seeking reimbursement of response costs incurred

and to be incurred under the Comprehensive Environmental Response,

Compensation and Liability Act, 42 U.S.C. 9601, et seq. (``CERCLA'');

civil penalties under CERCLA and the Clean Water Act, 33 U.S.C. 1251,

et seq.; and natural resource damages under CERCLA.

The Stipulation settles these claims on behalf of the Environmental

Protection Agency (``EPA'') for response costs at the following six

Superfund sites: (1) The Cornell-Dubilier Electronics, Inc. Site,

located in South Plainfield, New Jersey (the ``CDE Site''); (2) the

West Highway 6 and Highway 281 Site, located in Hastings, Nebraska; (3)

the Lakeland Landfill Disposal Services, Inc. Site, located near

Claypool, Indiana; (4) the Main Street Well Field Site, East Side,

located in Elkhart, Indiana; (5) the Solvents Recovery Service of New

England, Inc. Site, located in Southington, Connecticut; and (6) the

Tremont City Barrel Fill Site, located in Tremont City, Ohio.

The Stipulation also settles EPA's claims against Dana for civil

penalties under the Clean Water Act at Dana's former facility located

in Muskegon, Michigan; and under sections 103(a) and 109 of CERCLA, 42

U.S.C. 9603(a) and 9609, at Dana's former facility located in

Bellefontaine, Ohio. Finally, the Stipulation settles claims on behalf

of the Department of the Interior (``Interior'') and the National

Oceanic and Atmospheric Administration (``NOAA'') pursuant to CERCLA,

42 U.S.C. 9607(a)(4)(c) and 9607(f), for natural resource damages with

respect to the CDE Site.

Under this settlement, EPA, NOAA, and Interior will receive allowed

general unsecured claims in Dana's bankruptcy totaling $125,670,252.

Pursuant to the

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terms of Dana's court-approved plan of reorganization, the United

States will receive a distribution of stock in Dana Holding Corp. The

United States will sell all stock it receives in connection with the

settlement. Thus, the amount actually recovered by the United States as

a result of the settlement will be determined in part by the market

value of the shares at the time of the sale.

The Department of Justice will receive, for a period of thirty (30)

days from the date of this publication, comments relating to the

Stipulation. Comments should be addressed to the Assistant Attorney

General, Environment and Natural Resources Division, and either e-

mailed to [email protected] or mailed to P.O. Box 7611,

U.S. Department of Justice, Washington, DC 20044-7611, and should refer

to In re Dana Corporation, et al., D.J. Ref. 90-11-3-531/4.

The Stipulation may be examined at the Office of the United States

Attorney, 86 Chambers Street, 3rd Floor, New York, New York 10007, at

U.S. EPA Region 2, Office of Regional Counsel, 290 Broadway, New York,

New York 10007-1866, and EPA Region 7, Office of Regional Counsel, 901

N. 5th Street, Kansas City, KS 66101. During the public comment period,

the Stipulation may also be examined on the following Department of

Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A

copy of the Stipulation 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

([email protected]), 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 $4.75 (25 cents per

page reproduction cost) payable to the U.S. Treasury or, if by e-mail

or fax, forward a check in that amount to the Consent Decree Library at

the stated address.

Ronald Gluck,

Assistant Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

FR Doc. E8-14704 Filed 6-27-08; 8:45 am]

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