81 FR 2238 - Notice of Filing of Proposed Stipulation and Settlement Agreement Under The Comprehensive Environmental Response, Compensation, and Liability Act
DEPARTMENT OF JUSTICE Federal Register Volume 81, Issue 10 (January 15, 2016)
Federal Register Volume 81, Issue 10 (January 15, 2016)
| Page Range | 2238-2239 | |
| FR Document | 2016-00746 |
[Federal Register Volume 81, Number 10 (Friday, January 15, 2016)] [Notices] [Pages 2238-2239] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-00746] ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Notice of Filing of Proposed Stipulation and Settlement Agreement Under The Comprehensive Environmental Response, Compensation, and Liability Act On January 12, 2016, a proposed Settlement Agreement between the United States and the Debtors (``Settlement Agreement'') was filed with the United States Bankruptcy Court for the District of Delaware in the bankruptcy proceeding entitled In re Reichhold Holdings US, Inc., No. 14-12237-MFW (Bankr. D. Del.). The proposed Settlement Agreement will resolve certain proofs of claim asserted against Debtor Reichhold Inc. under the Comprehensive Environmental Response, Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9601-9675, for costs incurred and to be incurred by the United States in connection with certain sites, and for natural resource damages and costs of assessment at or in connection with certain sites. Under the proposed Settlement Agreement the United States will have the following allowed general unsecured claims in the above referenced bankruptcy proceeding: 1)With respect to the Peterson/Puritan, Inc. Superfund Site in Rhode Island, the United States on behalf of EPA shall have an Allowed General Unsecured Claim of $205,211; 2) With respect to the Berry's Creek Study Area operable unit of the Ventron/ Velsicol Superfund Site in New Jersey, the United States on behalf of EPA shall have an Allowed General Unsecured Claim of $400,000; 3) With respect to the Lower Passaic River Study Area of the Diamond Alkali Superfund Site in New Jersey, the United States on behalf of EPA shall have an Allowed General Unsecured Claim of $8,000,000; 4) With respect to the Yosemite Slough Superfund Site in California, the United States on behalf of EPA shall have an Allowed General Unsecured Claim of $268,000; 5) With respect to the Lower Duwamish Waterway Superfund Site in Washington: (i) The United States on behalf of EPA shall have an Allowed General Unsecured Claim of $4,300,000; (ii) the United States on behalf of National Oceanic and Atmospheric Administration (``NOAA'') shall have an Allowed General Unsecured Claim of $5,937; and (iii) the United States on behalf of the Department of Interior (``DOI'') shall have an Allowed General Unsecured Claim of $558,897.74 (which includes DOI assessment costs of $3,897.74); 6) With respect to the Kin- [[Page 2239]] Buc Landfill Superfund Site in New Jersey, the United States on behalf of NOAA shall have an Allowed General Unsecured Claim of $29,487.47; 7) With respect to the Picketville Landfill Site in Florida, the United States, on behalf of EPA, shall have no allowed claim; 8) With respect to the Omega Chemical Site in California, the Omega PRP Organized Group (``OPOG'') and the Debtors are attempting to negotiate a written agreement prior to the effective date of Debtors' Plan of Liquidation, providing that OPOG's proof of claim shall be allowed as a general unsecured claim in the amount of $4,000,000. The United States on behalf of EPA shall have an contingent allowed general unsecured claim of $4,000,000 with respect to the Omega Site, which contingent allowed general unsecured claim shall only be entitled to a distribution from the Debtors in the event that no settlement agreement is reached between the Debtors and OPOG prior to the effective date of the Debtors' Plan of Liquidation; 9) With respect to the Baldwin Park Operable Unit Site (``BPOU'') in California, certain proofs of claim were filed by various PRPs. The Debtors are attempting to negotiate and enter into a written agreement with the BPOU PRP Group prior to the effective date of Debtors' Plan of Liquidation, providing that the BPOU Proofs of Claim shall be merged into a single proof of claim and shall be Allowed as a General Unsecured Claim in the amount of $3,000,000. The United States on behalf of EPA shall have a contingent allowed general unsecured claim of $3,000,000 with respect to the BPOU Site, which contingent allowed general unsecured claim shall only be entitled to a distribution from the Debtors in the event that no settlement agreement is reached between the Debtors and the BPOU PRP Group prior to the effective date of Debtors' Plan of Liquidation. The Settlement Agreement includes certain covenants not to sue under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 or 9607, with respect to the above referenced Sites. DOI and NOAA are providing a covenant not to sue under Section 107 of CERCLA, 42 U.S.C. 9607 with respect to each Site for which they are receiving an allowed claim. The publication of this notice opens a period for public comment on the Settlement Agreement--Gulfport. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to In re Reichhold Holdings US, INC., et al.,--D.J. Ref. No. 90-11-2-11196. All comments must be submitted so that they are received by no later than midnight (Eastern Time) January 29, 2016. Comments may be submitted either by email or by mail: ------------------------------------------------------------------------ To submit comments: Send them to: ------------------------------------------------------------------------ By email............................ [email protected] By mail............................. Assistant Attorney General, U.S. DOJ--ENRD, P.O. Box 7611,Washington, DC 20044-7611. ------------------------------------------------------------------------ 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 $ 9.75 (25 cents per page reproduction cost) payable to the United States Treasury. Henry Friedman, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2016-00746 Filed 1-14-16; 8:45 am] BILLING CODE 4410-15-P
![2238 Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices
manufacturer of a certain basic class of Under the proposed Gulfport DEPARTMENT OF JUSTICE
controlled substance. The Drug Settlement Agreement, an
Enforcement Administration (DEA) Environmental Response Trust will be Notice of Filing of Proposed
grants Cambridge Isotope Lab created to take title to certain property Stipulation and Settlement Agreement
registration as a manufacturer of this owned by Reichhold Inc., located in Under The Comprehensive
controlled substance. Gulfport, Mississippi. The Environmental Response,
SUPPLEMENTARY INFORMATION: By notice Environmental Response Trust will Compensation, and Liability Act
dated October 2, 2015, and published in perform certain environmental actions On January 12, 2016, a proposed
the Federal Register on October 13, with respect to the property. The Settlement Agreement between the
2015, 80 FR 61470, Cambridge Isotope Environmental Response Trust will United States and the Debtors
Lab, 50 Frontage Road, Andover, receive the proceeds of a letter of credit (‘‘Settlement Agreement’’) was filed
Massachusetts 01810 applied to be in the approximate amount of $3.5 with the United States Bankruptcy
registered as a manufacturer of a certain million and $750,000 provided by the Court for the District of Delaware in the
basic class of controlled substance. No Debtor. The Gulfport Settlement bankruptcy proceeding entitled In re
comments or objections were submitted Agreement includes covenants not to Reichhold Holdings US, Inc., No. 14–
for this notice. sue under the Resource Conservation 12237–MFW (Bankr. D. Del.).
The DEA has considered the factors in and Recovery Act (‘‘RCRA’’), 42 U.S.C. The proposed Settlement Agreement
21 U.S.C. 823(a) and determined that 6901 et seq. will resolve certain proofs of claim
the registration of Cambridge Isotope The publication of this notice opens asserted against Debtor Reichhold Inc.
Lab to manufacture the basic class of a period for public comment on the under the Comprehensive
controlled substance is consistent with Gulfport Settlement Agreement. Environmental Response, Compensation
the public interest and with United Comments should be addressed to the and Liability Act (‘‘CERCLA’’), 42 U.S.C.
States obligations under international Assistant Attorney General, 9601–9675, for costs incurred and to be
treaties, conventions, or protocols in Environment and Natural Resources incurred by the United States in
effect on May 1, 1971. The DEA Division, and should refer to In re connection with certain sites, and for
investigated the company’s maintenance Reichhold Holdings US, Inc.,—Gulfport natural resource damages and costs of
of effective controls against diversion by Environmental Response Trust—D.J. assessment at or in connection with
inspecting and testing the company’s Ref. No. 90–11–2–11196. All comments certain sites.
physical security systems, verifying the must be submitted so that they are Under the proposed Settlement
company’s compliance with state and received no later than midnight (Eastern Agreement the United States will have
local laws, and reviewing the company’s Time) January 29, 2016. Comments may the following allowed general
background and history. be submitted either by email or by mail: unsecured claims in the above
Therefore, pursuant to 21 U.S.C. referenced bankruptcy proceeding:
823(a), and in accordance with 21 CFR To submit 1)With respect to the Peterson/Puritan,
Send them to:
1301.33, the above-named company is comments: Inc. Superfund Site in Rhode Island, the
granted registration as a bulk By e-mail ...... pubcomment-ees.enrd@ United States on behalf of EPA shall
manufacturer of morphine (9300), a usdoj.gov. have an Allowed General Unsecured
basic class of controlled substance listed By mail ......... Assistant Attorney General, Claim of $205,211; 2) With respect to
in schedule II. U.S. DOJ—ENRD, P.O. the Berry’s Creek Study Area operable
The company plans to utilize small Box 7611, Washington, DC unit of the Ventron/Velsicol Superfund
quantities of the listed controlled 20044–7611. Site in New Jersey, the United States on
substance in the preparation of behalf of EPA shall have an Allowed
analytical standards. Under section 7003(d) of RCRA, a General Unsecured Claim of $400,000;
Dated: January 11, 2016. commenter may request an opportunity 3) With respect to the Lower Passaic
for a public meeting in the affected area. River Study Area of the Diamond Alkali
Louis J. Milione,
During the public comment period, Superfund Site in New Jersey, the
Deputy Assistant Administrator.
the Settlement Agreement may be United States on behalf of EPA shall
[FR Doc. 2016–00782 Filed 1–14–16; 8:45 am] have an Allowed General Unsecured
examined and downloaded at this
BILLING CODE 4410–09–P
Justice Department Web site: http:// Claim of $8,000,000; 4) With respect to
www.justice.gov/enrd/consent-decrees. the Yosemite Slough Superfund Site in
We will provide a paper copy of the California, the United States on behalf
DEPARTMENT OF JUSTICE of EPA shall have an Allowed General
Settlement Agreement—Gulfport upon
Notice of Filing of Proposed written request and payment of Unsecured Claim of $268,000; 5) With
Stipulation and Settlement Agreement reproduction costs. Please mail your respect to the Lower Duwamish
Under the Resource Conservation and request and payment to: Consent Decree Waterway Superfund Site in
Recovery Act Library, U.S. DOJ—ENRD, P.O. Box Washington: (i) The United States on
7611, Washington, DC 20044–7611. behalf of EPA shall have an Allowed
On January 12, 2016, a proposed Please enclose a check or money order General Unsecured Claim of $4,300,000;
Stipulation and Settlement Agreement for $15.00 (25 cents per page (ii) the United States on behalf of
establishing an Environmental Response reproduction cost) payable to the United National Oceanic and Atmospheric
mstockstill on DSK4VPTVN1PROD with NOTICES
Trust for the Gulfport, Mississippi States Treasury. Administration (‘‘NOAA’’) shall have an
Facility (‘‘Gulfport Settlement Allowed General Unsecured Claim of
Agreement’’) was filed with the United Henry Friedman, $5,937; and (iii) the United States on
States Bankruptcy Court for the District Assistant Section Chief, Environmental behalf of the Department of Interior
of Delaware in the bankruptcy Enforcement Section, Environment and (‘‘DOI’’) shall have an Allowed General
proceeding entitled In re Reichhold Natural Resources Division. Unsecured Claim of $558,897.74 (which
Holdings US, Inc., No. 14–12237–MFW [FR Doc. 2016–00742 Filed 1–14–16; 8:45 am] includes DOI assessment costs of
(Bankr. D. Del.). BILLING CODE 4410–15–P $3,897.74); 6) With respect to the Kin-
VerDate Sep<11>2014 20:01 Jan 14, 2016 Jkt 238001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\15JAN1.SGM 15JAN1](https://thefederalregister.org/doc/81_FR_2248/page/1.svg)
![Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices 2239
Buc Landfill Superfund Site in New they are received by no later than FOR FURTHER INFORMATION CONTACT: If
Jersey, the United States on behalf of midnight (Eastern Time) January 29, you have additional comments
NOAA shall have an Allowed General 2016. Comments may be submitted especially on the estimated public
Unsecured Claim of $29,487.47; 7) With either by email or by mail: burden or associated response time,
respect to the Picketville Landfill Site in suggestions, or need a copy of the
Florida, the United States, on behalf of To submit Send them to: proposed information collection
EPA, shall have no allowed claim; 8) comments: instrument with instructions or
With respect to the Omega Chemical additional information, please contact
By email ....... pubcomment-ees.enrd@
Site in California, the Omega PRP usdoj.gov Andrew Ashton, NFA Branch Specialist,
Organized Group (‘‘OPOG’’) and the By mail ......... Assistant Attorney General, 244 Needy Road, Martinsburg, WV
Debtors are attempting to negotiate a U.S. DOJ—ENRD, P.O. 25402, at: 304–616–4501 or
written agreement prior to the effective Box 7611,Washington, DC Andrew.Ashton@atf.gov.
date of Debtors’ Plan of Liquidation, 20044–7611. SUPPLEMENTARY INFORMATION: Written
providing that OPOG’s proof of claim comments and suggestions from the
shall be allowed as a general unsecured During the public comment period, public and affected agencies concerning
claim in the amount of $4,000,000. The the Settlement Agreement may be the proposed collection of information
United States on behalf of EPA shall examined and downloaded at this are encouraged. Your comments should
have an contingent allowed general Justice Department Web site: http:// address one or more of the following
unsecured claim of $4,000,000 with www.justice.gov/enrd/consent-decrees. four points:
respect to the Omega Site, which We will provide a paper copy of the • Evaluate whether the proposed
contingent allowed general unsecured Settlement Agreement upon written collection of information is necessary
claim shall only be entitled to a request and payment of reproduction for the proper performance of the
distribution from the Debtors in the costs. Please mail your request and functions of the agency, including
event that no settlement agreement is payment to: Consent Decree Library, whether the information will have
reached between the Debtors and OPOG U.S. DOJ—ENRD, P.O. Box 7611, practical utility;
prior to the effective date of the Debtors’ Washington, DC 20044–7611. • Evaluate the accuracy of the
Plan of Liquidation; 9) With respect to Please enclose a check or money order agency’s estimate of the burden of the
the Baldwin Park Operable Unit Site for $ 9.75 (25 cents per page proposed collection of information,
(‘‘BPOU’’) in California, certain proofs reproduction cost) payable to the United including the validity of the
of claim were filed by various PRPs. The States Treasury. methodology and assumptions used;
Debtors are attempting to negotiate and
Henry Friedman, • Evaluate whether and if so how the
enter into a written agreement with the quality, utility, and clarity of the
BPOU PRP Group prior to the effective Assistant Section Chief, Environmental
Enforcement Section, Environment and information to be collected can be
date of Debtors’ Plan of Liquidation, enhanced; and
Natural Resources Division.
providing that the BPOU Proofs of
[FR Doc. 2016–00746 Filed 1–14–16; 8:45 am]
• Minimize the burden of the
Claim shall be merged into a single collection of information on those who
proof of claim and shall be Allowed as BILLING CODE 4410–15–P
are to respond, including through the
a General Unsecured Claim in the use of appropriate automated,
amount of $3,000,000. The United electronic, mechanical, or other
States on behalf of EPA shall have a DEPARTMENT OF JUSTICE
technological collection techniques or
contingent allowed general unsecured [OMB Number 1140–0016] other forms of information technology,
claim of $3,000,000 with respect to the e.g., permitting electronic submission of
BPOU Site, which contingent allowed Agency Information Collection responses.
general unsecured claim shall only be Activities; Proposed eCollection
entitled to a distribution from the eComments Requested; Application Overview of This Information
Debtors in the event that no settlement for Registration of Firearms Acquired Collection
agreement is reached between the by Certain Government Entities 1. Type of Information Collection:
Debtors and the BPOU PRP Group prior AGENCY: Bureau of Alcohol, Tobacco, Extension of a currently approved
to the effective date of Debtors’ Plan of collection.
Firearms and Explosives, Department of
Liquidation. 2. The Title of the Form/Collection:
Justice.
The Settlement Agreement includes Application for Registration of Firearms
certain covenants not to sue under ACTION: 30-day notice.
Acquired by Certain Government
Sections 106 and 107 of CERCLA, 42 SUMMARY: The Department of Justice Entities.
U.S.C. 9606 or 9607, with respect to the (DOJ), Bureau of Alcohol, Tobacco, 3. The agency form number, if any,
above referenced Sites. DOI and NOAA Firearms and Explosives (ATF), will and the applicable component of the
are providing a covenant not to sue submit the following information Department sponsoring the collection:
under Section 107 of CERCLA, 42 U.S.C. collection request to the Office of Form number: ATF F 10 (5320.10).
9607 with respect to each Site for which Management and Budget (OMB) for Component: Bureau of Alcohol,
they are receiving an allowed claim. Tobacco, Firearms and Explosives, U.S.
review and approval in accordance with
The publication of this notice opens Department of Justice.
the Paperwork Reduction Act of 1995.
a period for public comment on the 4. Affected public who will be asked
The proposed information collection
mstockstill on DSK4VPTVN1PROD with NOTICES
Settlement Agreement—Gulfport. or required to respond, as well as a brief
Comments should be addressed to the was previously published in the Federal
Register 80 FR 69699, on November 10, abstract:
Assistant Attorney General, Primary: State Local or Tribal
Environment and Natural Resources 2015, allowing for a 60-day comment
Governments.
Division, and should refer to In re period. Other: None.
Reichhold Holdings US, INC., et al.,— DATES: Comments are encouraged and Abstract: The form is required to be
D.J. Ref. No. 90–11–2–11196. All will be accepted for an additional 30 submitted by State and local
comments must be submitted so that days until February 16, 2016. government entities wishing to register
VerDate Sep<11>2014 20:01 Jan 14, 2016 Jkt 238001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\15JAN1.SGM 15JAN1](https://thefederalregister.org/doc/81_FR_2248/page/2.svg)
Document Created: 2018-02-02 12:32:14
Document Modified: 2018-02-02 12:32:14
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 81 FR 2238 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR