Cases — 4320387

As of Oct 2, 2026.

Activity name

Lyondell Chemical Company, Inc. et al. (NC)(NLP)

Case number

02-2009-0015

Case name

Lyondell Chemical Company, Inc. et al. (NC)(NLP)

Region code

02

Fiscal year

2009

Activity type code

JDC

Activity type desc

Judicial

Activity status code

CNC

Activity status desc

Concluded

Activity status date

2010-04-23

Lead agency

EPA

Case status date

2010-04-23

Enforcement outcome code

ECR

Enforcement outcome desc

Final Order With Specified Cost Recovery

Branch

NJSUP

Voluntary self disclosure

false

Multimedia flag

false

Summary text

Defendant and 93 affiliates filed for bankruptcy under Chapter 11. Several affiliates are potentially responsible parties under CERCLA Section 107 for costs incurred and to be incurred by EPA with regard to the Diamond Alkali Site, Lower Passaic River Study Area (LPRSA). EPA handled this matter as a national case, filing a proof of claim for numerous sites including the LPRSA, and pursuing both a general unsecured claim for unreimbursed response costs and a position that injunctive obligations would not be discharged in bankruptcy. In the bankruptcy settlement agreement, the United States resolved EPA's claims for the LPRSA by agreeing to allowed claim amounts against three affiliates. In addition, the debtors agreed to make a cash payment for the LPRSA, as part of the resolution of a dispute between the US and debtors concerning EPA's position on dischargeability of injunctive obligations. Region 2 anticipates that the money received on account of the allowed claim will be placed into the Special Account for the Diamond Alkali Site and will be used by EPA in the performance of the focused feasibility study for the LPRSA, and possibly additional site study/planning work. Exactly how the funds are used will depend on the timing of the bankruptcy distributions and the actual amount received by Region 2. The cash payment will be applied as a credit against the obligations of the LPRSA Cooperating Parties Group (CPG) to pay EPA's oversight costs for the remedial investigation and feasibility study that the CPG is performing.

Created at

2026-10-02T02:02:59.061315+00:00

Updated at

2026-10-02T02:02:59.061315+00:00

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