80_FR_37140 80 FR 37016 - Notice of Filing Proposed Bankruptcy Settlement Agreement Under the Resource Conservation and Recovery Act

80 FR 37016 - Notice of Filing Proposed Bankruptcy Settlement Agreement Under the Resource Conservation and Recovery Act

DEPARTMENT OF JUSTICE

Federal Register Volume 80, Issue 124 (June 29, 2015)

Page Range37016-37017
FR Document2015-15808

Federal Register, Volume 80 Issue 124 (Monday, June 29, 2015) 
[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)]
[Notices]
[Pages 37016-37017]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15808]


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DEPARTMENT OF JUSTICE


Notice of Filing Proposed Bankruptcy Settlement Agreement Under 
the Resource Conservation and Recovery Act

    On June 22, 2015, the Debtors filed a proposed Settlement Agreement 
with the United States Bankruptcy Court for the Southern District of 
Mississippi in the bankruptcy proceedings of Mississippi Phosphates 
Corporation (``MPC''), et al., Chap. 11, Bankruptcy Case No. 14-51667--
KMS (USBC S.D. Miss.).
    The Settlement Agreement provides for a covenant not to sue by EPA 
and the Mississippi Department of Environmental Quality (referred to 
collectively as ``Environmental Agencies'') under the Resource 
Conservation and Recovery Act (``RCRA''), the Clean Air Act (``CAA''), 
the Clean Water Act (``CWA''), and the Comprehensive Environmental 
Response, Compensation, and Liability Act (``CERCLA'') against MPC, its 
subsidiaries, Ammonia Tank Subsidiary, Inc. and Sulfuric Acid tank

[[Page 37017]]

Subsidiary, Inc, (collectively ``Debtors''), MPC's non-debtor parent 
Phosphate Holdings Inc. (``PHI''), and the Lenders of the Debtors for 
environmental conditions at MPC's Facility in Pascagoula, Mississippi 
(the ``Facility''), and for possible related causes of action against 
the Lenders for fraud, equitable subordination and debt 
recharacterization.
    The Settlement Agreement, in general terms, provides: (a) Either 
(i) a sales process for all or substantially all of the assets of the 
bankruptcy estates, which will result in the assumption of 
environmental liabilities to the Environmental Agencies related to the 
Debtors' assets, including satisfaction of the financial assurance 
requirements of the Environmental Agencies under non-bankruptcy law or, 
(ii) in the alternative, a transfer of the assets of the bankruptcy 
estates to two trusts (the Liquidation Trust and Environmental Trust) 
one of which, the Liquidation Trust, receives substantially all assets 
other than the phosphogypsum stacks (``Gyp Stacks'') to market for sale 
with a distribution structure for sales proceeds for payment of the 
claims of the Lenders, and for funding environmental actions taken by 
the Environmental Trust (which takes ownership of the Gyp Stacks), and 
for distribution to the bankruptcy estates.
    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 re Mississippi Phosphates Corporation, D.J. Ref. No. 
90-7-1-08388/18. All comments must be submitted no later than fifteen 
(15) 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, DC 20044-7611.
------------------------------------------------------------------------

    Under section 7003(d) of RCRA, a commenter may request an 
opportunity for a public meeting in the affected area.
    During the public comment period, the Settlement Agreement may be 
examined and downloaded at this Justice Department Web site: http://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 $19.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2015-15808 Filed 6-26-15; 8:45 am]
 BILLING CODE 4410-15-P

37016 Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Notices Sec. 5, lots 2, 3, and 4, S1⁄2NE1⁄4, S1⁄2NW1⁄4, acquired by the United States, the connection with the proposed and S1⁄2; application requests that such lands withdrawal. A notice of the times and Secs. 6 to 11, inclusive; become subject to the terms and places of the public meetings will be Sec. 13, NE1⁄4, S1⁄2NE1⁄4NW1⁄4, S1⁄2NW1⁄4, conditions of the withdrawal. announced at least 30 days in advance and S1⁄2; Sec. 14, NE1⁄4, N1⁄2NW1⁄4, N1⁄2SW1⁄4NW1⁄4, Willamette Meridian in the Federal Register and through SE1⁄4SW1⁄4NW1⁄4, SE1⁄4NW1⁄4, local media, newspapers, and the BLM T. 37 S., R. 14 W., and the USFS Web sites. N1⁄2NE1⁄4SW1⁄4, SW1⁄4NW1⁄4SW1⁄4, Sec. 1, SW1⁄4SW1⁄4; SW1⁄4SW1⁄4, N1⁄2SE1⁄4, and SE1⁄4SE1⁄4; Sec. 12, W1⁄2NW1⁄4 and NW1⁄4SW1⁄4; For a period until June 29, 2017, Secs. 15 to 22, inclusive; Sec. 13, S1⁄2N1⁄2; subject to valid existing rights, the Sec. 23, W1⁄2NE1⁄4NW1⁄4, W1⁄2NW1⁄4, public and National Forest System lands Sec. 24, NW1⁄4NE1⁄4 and NE1⁄4NW1⁄4. NW1⁄4SE1⁄4NW1⁄4, and W1⁄2SW1⁄4; described in this notice will be T. 39 S., R. 9 W., Secs. 27 to 33, inclusive; segregated from settlement, sale, Sec. 36. Sec. 34, lots 1 to 8, inclusive, N1⁄2NE1⁄4, SW1⁄4NE1⁄4, and NW1⁄4SE1⁄4. T. 41 S., R. 11 W., location, and entry under the public Sec. 16. land laws, location and entry under the T. 40 S., R. 10 W., Sec. 2, lot 1, SW1⁄4NE1⁄4, SE1⁄4SW1⁄4, The areas described aggregate 1,680.00 United States mining laws, and E1⁄2SE1⁄4, and SW1⁄4SE1⁄4; acres in Josephine and Curry Counties. operation of the mineral and geothermal Sec. 3, SW1⁄4SW1⁄4; The Assistant Secretary for Land and leasing laws, unless the application is Sec. 4, SE1⁄4SE1⁄4; Minerals Management approved the denied or canceled or the withdrawal is Sec. 8, SE1⁄4; approved prior to that date. Sec. 9, NE1⁄4, S1⁄2NW1⁄4, and S1⁄2; BLM’s petition/application. Therefore, the petition/application constitutes a Licenses, permits, cooperative Sec. 10; withdrawal proposal of the Secretary of agreements, or discretionary land use Sec. 11, NE1⁄4, E1⁄2NW1⁄4, S1⁄2NW1⁄4NW1⁄4, S1⁄2NW1⁄4, SW1⁄4, and SE1⁄4; the Interior (43 CFR 2310.1–3(e)). authorizations of a temporary nature Secs. 14, 15, and 16; The use of a right-of-way, interagency, that will not significantly impact the Sec. 17, E1⁄2NE1⁄4, SW1⁄4NE1⁄4, E1⁄2SW1⁄4, or cooperative agreement would not values to be protected by the SW1⁄4SW1⁄4, and SE1⁄4; adequately constrain non-discretionary withdrawal may be allowed with the Sec. 19, S1⁄2NE1⁄4NE1⁄4, S1⁄2NE1⁄4, uses that may result in disturbance of approval of the authorized officer of the E1⁄2SW1⁄4, and SE1⁄4; BLM or the USFS during the temporary Secs. 20 to 23, and 26 to 30, inclusive; the lands embraced within the Southwestern Oregon Watershed and segregation period. Protraction Blocks 37 to 47, inclusive. The application will be processed in T. 40 S., R. 11 W., Salmon Protection Areas. Sec. 4, lots 3 and 4, and SW1⁄4NW1⁄4; There are no suitable alternative sites accordance with the regulations set Secs. 5 and 8; as the described lands contain the forth in 43 CFR part 2300. Sec. 9, SW1⁄4NW1⁄4, W1⁄2SW1⁄4, SE1⁄4SW1⁄4, resource values to be protected. Fred O’Ferrall, and SW1⁄4SE1⁄4; No water rights will be needed to Sec. 16; Chief, Branch of Land, Minerals, and Energy fulfill the purpose of the proposed Resources. Sec. 17, E1⁄2NE1⁄4, NE1⁄4SE1⁄4, SE1⁄4SW1⁄4, withdrawal. [FR Doc. 2015–15954 Filed 6–26–15; 8:45 am] and S1⁄2SE1⁄4; Sec. 20, E1⁄2, E1⁄2NW1⁄4, and SW1⁄4; Records relating to the application BILLING CODE 3111–15–P Sec. 21; may be examined by contacting the Sec. 27, W1⁄2; BLM at the above address and phone Sec. 28; number. DEPARTMENT OF JUSTICE Sec. 29, NE1⁄4, NE1⁄4NW1⁄4, N1⁄2SE1⁄4, and For a period until September 28, SE1⁄4SE1⁄4; 2015, all persons who wish to submit Notice of Filing Proposed Bankruptcy Protraction Blocks 39, 40, 41, and 43. comments, suggestions, or objections in T. 41 S., R. 9 W., Settlement Agreement Under the connection with the proposed Resource Conservation and Recovery Secs. 4 to 8, inclusive, and 17 and 18. withdrawal application may present Act T. 41 S, R. 10 W., Secs. 1 to 18, inclusive. their views in writing to the Oregon T. 41 S., R. 11 W., State Director, BLM, at the above On June 22, 2015, the Debtors filed a Sec. 1; address. Information regarding the proposed Settlement Agreement with Sec. 2, E1⁄2NE1⁄4, SW1⁄4NE1⁄4, withdrawal application will be available the United States Bankruptcy Court for W1⁄2SW1⁄4NW1⁄4, W1⁄2NW1⁄4SW1⁄4, and for public review at the BLM Oregon the Southern District of Mississippi in SE1⁄4; State Office during regular business the bankruptcy proceedings of Secs. 3 and 4; hours, 8:45 a.m. to 4:30 p.m. Monday Mississippi Phosphates Corporation Sec. 5, NE1⁄4, E1⁄2SW1⁄4, E1⁄2SW1⁄4SW1⁄4, through Friday, except Federal holidays. (‘‘MPC’’), et al., Chap. 11, Bankruptcy and SE1⁄4; Before including your address, phone Case No. 14–51667—KMS (USBC S.D. Sec. 8, E1⁄2, E1⁄2NW1⁄4, E1⁄2NW1⁄4NW1⁄4, E1⁄2SW1⁄4NW1⁄4, E1⁄2NE1⁄4SW1⁄4, and number, email address, or other Miss.). E1⁄2SE1⁄4SW1⁄4; personal identifying information in your The Settlement Agreement provides Secs. 9 to 15, inclusive; comment, you should be aware that for a covenant not to sue by EPA and the Sec. 17, lots 1 to 4, inclusive, NE1⁄4, and your entire comment—including your Mississippi Department of N1⁄2S1⁄2; personal identifying information—may Environmental Quality (referred to Sec. 18, lots 9, 10, 11, NE1⁄4SW1⁄4, and be made publicly available at any time. collectively as ‘‘Environmental N1⁄2SE1⁄4. Individuals who submit written Agencies’’) under the Resource mstockstill on DSK4VPTVN1PROD with NOTICES The areas described aggregate 95,805.53 comments may request confidentiality Conservation and Recovery Act acres of National Forest System lands in by asking us in your comment to (‘‘RCRA’’), the Clean Air Act (‘‘CAA’’), Josephine and Curry Counties. withhold your personal identifying the Clean Water Act (‘‘CWA’’), and the The following described non-Federal information from public review; Comprehensive Environmental lands are within the exterior boundaries however, we cannot guarantee that we Response, Compensation, and Liability of the Southwestern Oregon Watershed will be able to do so. Act (‘‘CERCLA’’) against MPC, its and Salmon Protection Areas. If title to Notice is hereby given that there will subsidiaries, Ammonia Tank these non-Federal lands is subsequently be several public meetings held in Subsidiary, Inc. and Sulfuric Acid tank VerDate Sep<11>2014 17:13 Jun 26, 2015 Jkt 235001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\29JNN1.SGM 29JNN1

Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Notices 37017 Subsidiary, Inc, (collectively ‘‘Debtors’’), payment to: Consent Decree Library, will provide assistance to help MPC’s non-debtor parent Phosphate U.S. DOJ–ENRD, P.O. Box 7611, applicants submit online. Holdings Inc. (‘‘PHI’’), and the Lenders Washington, DC 20044–7611. FOR FURTHER INFORMATION CONTACT: Any of the Debtors for environmental Please enclose a check or money order questions regarding this solicitation for conditions at MPC’s Facility in for $19.25 (25 cents per page grant applications (SGA 15–3BS) should Pascagoula, Mississippi (the ‘‘Facility’’), reproduction cost) payable to the United be directed to Janice Oates at and for possible related causes of action States Treasury. Oates.Janice@dol.gov or 202–693–9573 against the Lenders for fraud, equitable (this is not a toll-free number) or Teresa Maureen Katz, subordination and debt Rivera at Rivera.Teresa@dol.gov or 202– recharacterization. Assistant Section Chief, Environmental Enforcement Section, Environment and 693–9581 (this is not a toll-free The Settlement Agreement, in general number). Natural Resources Division. terms, provides: (a) Either (i) a sales process for all or substantially all of the [FR Doc. 2015–15808 Filed 6–26–15; 8:45 am] SUPPLEMENTARY INFORMATION: This assets of the bankruptcy estates, which BILLING CODE 4410–15–P solicitation provides background will result in the assumption of information and the requirements for environmental liabilities to the projects funded under the solicitation. Environmental Agencies related to the DEPARTMENT OF LABOR This solicitation consists of eight parts: Debtors’ assets, including satisfaction of • Part I provides background the financial assurance requirements of Mine Safety and Health Administration information on the Brookwood-Sago the Environmental Agencies under non- grants. bankruptcy law or, (ii) in the alternative, Brookwood-Sago Mine Safety Grants • Part II describes the size and nature a transfer of the assets of the bankruptcy of the anticipated awards. AGENCY: Mine Safety and Health • Part III describes the qualifications estates to two trusts (the Liquidation Administration, Labor. of an eligible applicant. Trust and Environmental Trust) one of ACTION: Solicitation for Grant • Part IV provides information on the which, the Liquidation Trust, receives Applications (SGA). application and submission process. substantially all assets other than the • Part V explains the review process phosphogypsum stacks (‘‘Gyp Stacks’’) Announcement Type: New. and rating criteria that will be used to to market for sale with a distribution Funding Opportunity Number: SGA evaluate the applications. structure for sales proceeds for payment 15–3BS. • Part VI provides award of the claims of the Lenders, and for Catalog of Federal Domestic administration information. funding environmental actions taken by Assistance (CFDA) Number: 17.603. • Part VII contains MSHA contact the Environmental Trust (which takes SUMMARY: The U.S. Department of Labor information. ownership of the Gyp Stacks), and for (DOL), Mine Safety and Health • Part VIII addresses Office of distribution to the bankruptcy estates. Administration (MSHA), is making Management and Budget (OMB) The publication of this notice opens $1,000,000 available in grant funds for information collection requirements. a period for public comment on the education and training programs to help Settlement Agreement. Comments identify, avoid, and prevent unsafe I. Program Description should be addressed to the Assistant working conditions in and around A. Overview of the Brookwood-Sago Attorney General, Environment and mines. The focus of these grants for Mine Safety Grant Program Natural Resources Division, and should Fiscal Year (FY) 2015 will be on training refer to In re Mississippi Phosphates Responding to several coal mine and training materials for mine disasters, Congress enacted the Mine Corporation, D.J. Ref. No. 90–7–1– emergency preparedness and mine 08388/18. All comments must be Improvement and New Emergency emergency prevention for all Response Act of 2006 (MINER Act). submitted no later than fifteen (15) days underground mines. Applicants for the after the publication date of this notice. When Congress passed the MINER Act, grants may be States and nonprofit it expected that requirements for new Comments may be submitted either by (private or public) entities, including email or by mail: and advanced technology, e.g., fire- U.S. territories, Indian tribes, tribal resistant lifelines and increased organizations, Alaska Native entities, breathable air availability in To submit comments: Send them to: Indian-controlled organizations serving escapeways, would increase safety in Indians, and Native Hawaiian mines. The MINER Act also required By email ....... pubcomment-ees.enrd@ organizations. MSHA will award no that every underground coal mine have usdoj.gov. more than 20 grants. The amount of persons trained in emergency response. By mail ......... Assistant Attorney General, each individual grant will be at least U.S. DOJ–ENRD, P.O. Box Congress emphasized its commitment to $50,000.00 and the maximum training for mine emergencies when it 7611, Washington, DC individual award will be $250,000. This 20044–7611. strengthened the requirements for the notice contains all of the information training of mine rescue teams. Recent Under section 7003(d) of RCRA, a needed to apply for grant funding. events demonstrate that training is the commenter may request an opportunity DATES: The closing date for applications key for proper and safe emergency for a public meeting in the affected area. will be August 29, 2015, (no later than response and that all miners working in During the public comment period, 11:59 p.m. EDST). MSHA will award underground mines should be trained in grants on or before September 30, 2015. mstockstill on DSK4VPTVN1PROD with NOTICES the Settlement Agreement may be emergency response. examined and downloaded at this ADDRESSES: Grant applications for this Under Section 14 of the MINER Act, Justice Department Web site: http:// competition must be submitted the Secretary of Labor (Secretary) is www.justice.gov/enrd/consent-decrees. electronically through the Grants.gov required to establish a competitive grant We will provide a paper copy of the site at www.grants.gov. If applying program called the ‘‘Brookwood-Sago Settlement Agreement upon written online poses a hardship to any Mine Safety Grants’’ (Brookwood-Sago request and payment of reproduction applicant, the MSHA Directorate of grants). This program provides funding costs. Please mail your request and Educational Policy and Development for education and training programs to VerDate Sep<11>2014 17:13 Jun 26, 2015 Jkt 235001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\29JNN1.SGM 29JNN1


Document Created: 2015-12-15 14:24:41
Document Modified: 2015-12-15 14:24:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 37016 
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