On June 12, 2009, EPA Region 4 referred Millennium Specialty Chemicals (Millennium) to the Department of Justice (DOJ) with a request that DOJ file a proof of claim in the Millennium bankruptcy. Millennium was one of ninety four (94) affiliated companies of LyondellBasell Industries AF S.C.A. that filed for bankruptcy in the U.S. Bankruptcy Court in the Southern District of New York. Millennium had discharged hazardous waste to a surface impoundment at its Facility in Brunswick, Georgia. Millennium manufactured solvent-based fragrance ingredients used in household and industrial cleaners. Wastewater sampled from the facilityÂs operations in September 2008 was found to contain hazardous levels of MEK, and was being discharged to a surface impoundment without a permit or interim status and without meeting land disposal requirements of RCRA. In addition, the Facility failed to perform hazardous waste determinations. A newly-formed company, LyondellBasell Flavors & Fragrances, LLC., emerged from the bankruptcy process as Millennium's successor and as the current owner/operator of the facility. In a document styled, Settlement Agreement Among The Debtors, The Environmental Custodial Trust Trustee, The United States, and Certain State Environmental Agencies, on March 29, 2010, the debtors resolved the numerous claims concerning environmental matters that had been filed by the U.S. and several State agencies. As part of the agreement, the penalty that EPA Region 4 sought