# BETHLEHEM STEEL CORP, IN RE (NATIONAL CASE)
> **Judicial** · FY2002 · — · —
## Case
- **Activity ID:** `19924`
- **Case Number:** 03-2002-0142
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** —
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- Bethlehem Steel Corp (complaint) (settlement)
## Summary

THE REFERRAL IDENTIFIES FOR THE OFFICE OF ENFORCEMENT AND COMPLIANCE ASSISTANCE AN DOJ THREE CATEGORIES OF EPA, REGION III MATTERS IN WHICH BSC HAS LEGALLY ENFORCEABLE OBLIGATIONS OR IS OTHERWISE INVOLVED.  THE FIRST CATEGORY OF MATTERS ARE THOSE MATTERS FOR WHICH EPA, REGION III HAS A  CLAIM , AS THAT TERM IS DEFINED IN 11 U.S.C. SECTION 101(5).  THESE MATTERS INVOLVE CLAIMS THAT MUST BE INCLUDED IN THE PROOF OF CLAIM THAT DOJ WILL FILE ON BEHALF OF EPA PRIOR TO THE ANTICIPATED BAR DATE OF APRIL 15, 2002, WHICH IS EXPECTED TO BE ESTABLISHED BY THE RELEVANT FEDERAL BANKRUPTCY COURT.  THIS REFERRAL ALSO IDENTIFIES A SECOND CATEGORY OF MATTERS OF WHICH BSC HAS LEGALS ENFORCEABLE OBLIGATIONS TO EPA, BUT WHICH DO NOT RISE TO A CLAIM BECAUSE EPA DOES NOT HAVE A RIGHT TO EITHER: A) A PAYMENT OR B) AN EQUITABLE REMEDY FOR BREACH OF PERFORMANCE WHICH GIVES RISE TO A RIGHT TO PAYMENT.  FINALLY, THIS REFERRAL IDENTIFIES A THIRD CATEGORY OF MATTERS FOR WHICH BSC DOES NOT HAVE ANY LEGALLY ENFORCEABLE OBLIGATIONS TO EPA BUT FOR WHICH BSC HAS MADE NON-ENFORCEABLE COMMITMENTS TO EPA, REGION III.  THE FOLLOWING THREE MATTERS INVOLVE CLAIMS, AS DEFINED IN 11 U.S.C. SECTION 101(5), AGAINST BSC WERE IDENTIFIED AND ARE ADDRESSED IN SEPARATE EXHIBITS ATTACHED TO THE REFERRAL A. A COST RECOVERY CLAIM, PURSUANT TO SECTION 107(A) OF THE  COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1990, AS AMENDED, (CERCLA), 42 U.S.C. SECTION 9607(A), AGAINST BSC ARISING OUT OF THE BRESL

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