82 FR 18482 - Notice of Lodging of Proposed Settlement Agreement Under the Comprehensive Environmental Response, Compensation, and Liability Act and Chapter 11 of the United States Bankruptcy Code
DEPARTMENT OF JUSTICE Federal Register Volume 82, Issue 74 (April 19, 2017)
Federal Register Volume 82, Issue 74 (April 19, 2017)
| Page Range | 18482-18483 | |
| FR Document | 2017-07905 |
[Federal Register Volume 82, Number 74 (Wednesday, April 19, 2017)] [Notices] [Pages 18482-18483] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-07905] ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Settlement Agreement Under the Comprehensive Environmental Response, Compensation, and Liability Act and Chapter 11 of the United States Bankruptcy Code On April 13, 2017, the Department of Justice lodged a proposed Settlement Agreement with the United States Bankruptcy Court for the District of Maine in In re: Lincoln Paper and Tissue, LLC, No. 15-10715 PGC. The agreement was entered into by the United States, on behalf of the United States Environmental Protection Agency (``EPA''), the debtor Lincoln Paper and Tissue, LLC (``Debtor''), and the Maine Department of Environmental Protection (``MDEP''). The agreement relates to liabilities of the Debtor under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601 et seq. (``CERCLA''), in connection with the 275-acre paper mill owned by the Debtor in Lincoln, Maine (``Facility''). Pursuant to the agreement's terms, the Debtor has agreed to implement certain removal actions at the Facility, including the removal of drums and containers of hazardous substances and hazardous wastes, the removal of radioactive signs, and the removal of friable asbestos. The Debtor has also agreed to pay EPA the difference between the cost of these removal actions (expected to be about $250,000) and $400,000. The Debtor has also agreed that if the estate's net recoveries in the bankruptcy proceeding (other than insurance recoveries related to environmental claims) exceed $500,000, the Debtor will pay EPA 25% of the excess, with an overall cap of $225,000. With respect to insurance proceeds for environmental claims, the Debtor has agreed to pay EPA 50% of any net proceeds over $400,000, with no cap on the amount. MDEP has agreed that an escrow account of $50,000, which was set aside by the Debtor earlier in the bankruptcy case for the benefit of any remediation sought by MDEP at the Facility, will be paid to EPA to help defray EPA's removal costs at the Facility. MDEP has signed the Settlement Agreement due to this aspect of the settlement. The Debtor has also agreed that EPA will have an allowed general unsecured claim in the amount of the removal costs that will be incurred by EPA at the Facility, minus certain cash payments to be made by the Debtor to EPA, with a cap of $1.5 million. [[Page 18483]] The United States, on behalf of EPA, has provided the Debtor with a covenant not to sue, under Sections 106 and 107 of CERCLA, with respect to the Facility, as well as a property located adjacent to the Facility (the ``Excluded Area''), as well as those areas of the Penobscot River where hazardous substances from the Facility or the Excluded Area have come to be located. The covenant also applies to the Debtor's successors and assigns, former and current officers, directors, employees, and trustees, but only to the extent that the alleged liability of the successor or assign, officer, director, employee, or trustee is based solely on his, her or its status and on his, her or its capacity as a successor or assign, officer, director, employee or trustee of the Debtor. The publication of this notice opens a period for public comment on the Agreement. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to In re: Lincoln Paper and Tissue, LLC, No. 15-10715 PGC, D.J. Ref. No. 90-11-3-11537. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: ------------------------------------------------------------------------ To submit comments: Send them to: ------------------------------------------------------------------------ By email............................ pubcomment-ees.enrd@usdoj.gov. By mail............................. Assistant Attorney General, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611. ------------------------------------------------------------------------ During the public comment period, the Agreement may be examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the 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 $19.75 (25 cents per page reproduction cost) payable to the United States Treasury. Robert E. Maher, Jr., Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2017-07905 Filed 4-18-17; 8:45 am] BILLING CODE 4410-15-P
![18482 Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Notices
I. The Monitoring Trustee shall serve (including grand jury proceedings), or DEPARTMENT OF JUSTICE
until the divestiture of all the for the purpose of securing compliance
Divestiture Assets is finalized pursuant with this Final Judgment, or as Notice of Lodging of Proposed
to either Section IV or Section V of this otherwise required by law. Settlement Agreement Under the
Final Judgment and the transition D. If at the time information or Comprehensive Environmental
services and co-packing agreements documents are furnished by defendants Response, Compensation, and Liability
with Danone contemplated by to the United States, defendants Act and Chapter 11 of the United
Paragraphs IV(G), (H), and (I) have represent and identify in writing the States Bankruptcy Code
expired or been terminated. material in any such information or
On April 13, 2017, the Department of
J. If the United States determines that documents to which a claim of
Justice lodged a proposed Settlement
the Monitoring Trustee has ceased to act protection may be asserted under Rule
Agreement with the United States
or failed to act diligently or in a 26(c)(1)(g) of the Federal Rules of Civil
Bankruptcy Court for the District of
reasonably cost-effective manner, it may Procedure, and defendants mark each
Maine in In re: Lincoln Paper and
recommend the Court appoint a pertinent page of such material,
Tissue, LLC, No. 15–10715 PGC. The
substitute Monitoring Trustee. ‘‘Subject to claim of protection under
agreement was entered into by the
Rule 26(c)(1)(g) of the Federal Rules of
XI. COMPLIANCE INSPECTION United States, on behalf of the United
Civil Procedure,’’ then the United States
A. For the purposes of determining or States Environmental Protection Agency
shall give defendants ten (10) calendar
securing compliance with this Final (‘‘EPA’’), the debtor Lincoln Paper and
days’ notice prior to divulging such
Judgment, or of any related orders such Tissue, LLC (‘‘Debtor’’), and the Maine
material in any legal proceeding (other
as the Hold Separate Stipulation and than a grand jury proceeding). Department of Environmental Protection
Order, or of determining whether the (‘‘MDEP’’).
Final Judgment should be modified or XII. NO REACQUISITION The agreement relates to liabilities of
vacated, and subject to any legally Defendants may not reacquire any the Debtor under the Comprehensive
recognized privilege, from time to time part of the Divestiture Assets during the Environmental Response,
authorized representatives of the United term of this Final Judgment. Compensation, and Liability Act of
States Department of Justice, including 1980, 42 U.S.C. 9601 et seq.
XIII. RETENTION OF JURISDICTION (‘‘CERCLA’’), in connection with the
consultants and other persons retained
by the United States, shall, upon written This Court retains jurisdiction to 275-acre paper mill owned by the
request of an authorized representative enable any party to this Final Judgment Debtor in Lincoln, Maine (‘‘Facility’’).
of the Assistant Attorney General in to apply to this Court at any time for Pursuant to the agreement’s terms, the
charge of the Antitrust Division, and on further orders and directions as may be Debtor has agreed to implement certain
reasonable notice to defendants, be necessary or appropriate to carry out or removal actions at the Facility,
permitted: construe this Final Judgment, to modify including the removal of drums and
1. access during defendants’ office any of its provisions, to enforce containers of hazardous substances and
hours to inspect and copy, or at the compliance, and to punish violations of hazardous wastes, the removal of
option of the United States, to require its provisions. radioactive signs, and the removal of
defendants to provide hard copy or friable asbestos. The Debtor has also
XIV. EXPIRATION OF FINAL
electronic copies of, all books, ledgers, agreed to pay EPA the difference
JUDGMENT
accounts, records, data, and documents between the cost of these removal
in the possession, custody, or control of Unless this Court grants an extension, actions (expected to be about $250,000)
defendants, relating to any matters this Final Judgment shall expire ten (10) and $400,000. The Debtor has also
contained in this Final Judgment; and years from the date of its entry. agreed that if the estate’s net recoveries
2. to interview, either informally or on XV. PUBLIC INTEREST in the bankruptcy proceeding (other
the record, defendants’ officers, DETERMINATION than insurance recoveries related to
employees, or agents, who may have environmental claims) exceed $500,000,
Entry of this Final Judgment is in the the Debtor will pay EPA 25% of the
their individual counsel present, public interest. The parties have
regarding such matters. The interviews excess, with an overall cap of $225,000.
complied with the requirements of the With respect to insurance proceeds for
shall be subject to the reasonable Antitrust Procedures and Penalties Act,
convenience of the interviewee and environmental claims, the Debtor has
15 U.S.C. § 16, including making copies agreed to pay EPA 50% of any net
without restraint or interference by available to the public of this Final
defendants. proceeds over $400,000, with no cap on
Judgment, the Competitive Impact the amount. MDEP has agreed that an
B. Upon the written request of an
Statement, and any comments thereon escrow account of $50,000, which was
authorized representative of the
and the United States’ responses to set aside by the Debtor earlier in the
Assistant Attorney General in charge of
comments. Based upon the record bankruptcy case for the benefit of any
the Antitrust Division, defendants shall
before the Court, which includes the remediation sought by MDEP at the
submit written reports or response to
Competitive Impact Statement and any Facility, will be paid to EPA to help
written interrogatories, under oath if
comments and response to comments defray EPA’s removal costs at the
requested, relating to any of the matters
filed with the Court, entry of this Final Facility. MDEP has signed the
contained in this Final Judgment as may
Judgment is in the public interest. Settlement Agreement due to this aspect
be requested.
C. No information or documents Date: of the settlement. The Debtor has also
jstallworth on DSK7TPTVN1PROD with NOTICES
obtained by the means provided in this Court approval subject to procedures of agreed that EPA will have an allowed
section shall be divulged by the United Antitrust Procedures and Penalties Act, general unsecured claim in the amount
States to any person other than an 15 U.S.C. § 16 of the removal costs that will be
authorized representative of the lllllllllllllllllll incurred by EPA at the Facility, minus
executive branch of the United States, United States District Judge certain cash payments to be made by the
except in the course of legal proceedings [FR Doc. 2017–07924 Filed 4–18–17; 8:45 am] Debtor to EPA, with a cap of $1.5
to which the United States is a party BILLING CODE P million.
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![Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Notices 18483
The United States, on behalf of EPA, DEPARTMENT OF JUSTICE —Minimize the burden of the collection
has provided the Debtor with a covenant of information on those who are to
not to sue, under Sections 106 and 107 [OMB Number 1117–0043] respond, including through the use of
of CERCLA, with respect to the Facility, appropriate automated, electronic,
Agency Information Collection
as well as a property located adjacent to mechanical, or other technological
Activities; Proposed eCollection;
the Facility (the ‘‘Excluded Area’’), as collection techniques or other forms
eComments Requested; Extension
well as those areas of the Penobscot With or Without Change, of a of information technology, e.g.,
River where hazardous substances from Previously Approved Collection: Drug permitting electronic submission of
the Facility or the Excluded Area have Questionnaire (DEA–341) responses.
come to be located. The covenant also
AGENCY: Drug Enforcement Overview of This Information
applies to the Debtor’s successors and
Administration, Department of Justice. Collection
assigns, former and current officers,
directors, employees, and trustees, but ACTION: 30-day notice. (1) Type of Information Collection:
only to the extent that the alleged Extension of a currently approved
liability of the successor or assign, SUMMARY: Department of Justice (DOJ),
collection.
officer, director, employee, or trustee is Drug Enforcement Administration will
be submitting the following information (2) Title of the Form/Collection: Drug
based solely on his, her or its status and
collection request to the Office of Questionnaire.
on his, her or its capacity as a successor
Management and Budget (OMB) for (3) Agency form number, if any and
or assign, officer, director, employee or
review and approval in accordance with the applicable component of the
trustee of the Debtor. the Paperwork Reduction Act of 1995. Department sponsoring the collection:
The publication of this notice opens This proposed information collection The form number is DEA–341. The
a period for public comment on the was previously published in the Federal sponsoring component is the Drug
Agreement. Comments should be Register at 82 FR 15370, on March 28, Enforcement Administration.
addressed to the Assistant Attorney 2017, allowing for a 60 day comment
General, Environment and Natural period. (4) Affected public who will be asked
Resources Division, and should refer to or required to respond, as well as a brief
DATES: Comments are encouraged and abstract: Primary: Individuals. Other:
In re: Lincoln Paper and Tissue, LLC, will be accepted for an additional 30
No. 15–10715 PGC, D.J. Ref. No. 90–11– None.
days until May 19, 2017.
3–11537. All comments must be FOR FURTHER INFORMATION CONTACT:
DEA is requesting an extension of a
submitted no later than thirty (30) days Written comments and/or suggestions currently approved collection. This
after the publication date of this notice. regarding the items contained in this collection requires the drug history of
Comments may be submitted either by notice, especially the estimated public any individual seeking employment
email or by mail: burden and associated response time, with DEA. DEA policy states that a past
should be directed to Diane E. Filler, history of illegal drug use may result in
To submit Assistant Administrator, Drug ineligibility for employment. The form
Send them to:
comments: asks job applicants specific questions
Enforcement Administration, Human
By email ....... pubcomment-ees.enrd@ Resources Division, 8701 Morrissette about their personal history, if any, of
usdoj.gov. Drive, Springfield, VA 22152. Written illegal drug use.
By mail ......... Assistant Attorney General, comments and/or suggestions can also (5) An estimate of the total number of
U.S. DOJ—ENRD, P.O. be sent to the Office of Management and respondents and the amount of time
Box 7611, Washington, DC Budget, Office of Information and estimated for an average respondent to
20044–7611. Regulatory Affairs, Attention respond/reply: It is estimated that
Department of Justice Desk Officer, 15,000 respondents will complete each
During the public comment period, Washington, DC 20503 or sent to OIRA_
form in approximately 5 minutes.
the Agreement may be examined and submissions@omb.eop.gov.
SUPPLEMENTARY INFORMATION: Written
(6) An estimate of the total public
downloaded at this Justice Department
comments and suggestions from the burden (in hours) associated with the
Web site: https://www.justice.gov/enrd/
public and affected agencies concerning collection: There are an estimated 1,250
consent-decrees. We will provide a
the proposed collection of information total annual burden hours associated
paper copy of the agreement upon
are encouraged. Your comments should with this collection.
written request and payment of
reproduction costs. Please mail your address one or more of the following If additional information is required
request and payment to: Consent Decree four points: contact: Melody Braswell, Department
Library, U.S. DOJ—ENRD, P.O. Box —Evaluate whether the proposed Clearance Officer, United States
7611, Washington, DC 20044–7611. collection of information is necessary Department of Justice, Justice
for the proper performance of the Management Division, Policy and
Please enclose a check or money order
functions of the agency, including Planning Staff, Two Constitution
for $19.75 (25 cents per page whether the information will have Square, 145 N Street NE., Suite
reproduction cost) payable to the United practical utility; 3E.405A, Washington, DC 20530.
States Treasury. —Evaluate the accuracy of the agency’s
jstallworth on DSK7TPTVN1PROD with NOTICES
Dated: April 13, 2017.
Robert E. Maher, Jr., estimate of the burden of the
proposed collection of information, Melody Braswell,
Assistant Section Chief, Environmental
including the validity of the Department Clearance Officer, PRA, U.S.
Enforcement Section, Environment and
methodology and assumptions used; Department of Justice.
Natural Resources Division.
[FR Doc. 2017–07905 Filed 4–18–17; 8:45 am]
—Enhance the quality, utility, and [FR Doc. 2017–07839 Filed 4–18–17; 8:45 am]
clarity of the information to be BILLING CODE 4410–09–P
BILLING CODE 4410–15–P
collected; and
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Document Created: 2018-11-14 09:43:32
Document Modified: 2018-11-14 09:43:32
| 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 | 82 FR 18482 |
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