Notice of Lodging of Settlement Agreement Under the Comprehensive Environmental Response, Compensation and Liability Act, the Clean Air Act, and Chapter 11 of the United States Bankruptcy Code, 39278-39279 [2010-16678]

Download as PDF 39278 Federal Register / Vol. 75, No. 130 / Thursday, July 8, 2010 / Notices Background The Commission instituted this review on February 1, 2010 (75 FR 5115) and determined on May 7, 2010 that it would conduct an expedited review (75 FR 28061, May 19, 2010). The Commission transmitted its determination in this review to the Secretary of Commerce on July 1, 2010. The views of the Commission are contained in USITC Publication 4165 (July 2010), entitled Certain Tissue Paper Products from China: Investigation No. 731–TA–1070B (Review). By order of the Commission. Issued: July 1, 2010. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–16650 Filed 7–7–10; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE srobinson on DSKHWCL6B1PROD with NOTICES Notice of Lodging of Consent Decree; Under the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’) Notice is hereby given that on July 1, 2010, a proposed Consent Decree in the United States v. CSX Transportation, Inc., Civil Action No. 2:10–cv–418– FtM–29SPC, was lodged with the United States District Court for the Middle District of Florida, Ft. Myers Division. In this action the United States sought judgment against defendant in favor of the United State for all previously unreimbursed costs incurred by the United States in response to the release or threatened release of hazardous substances at Nocatee Hull Creosote Superfund Site (the ‘‘Site’’). The Site is comprised of three separate areas: A 38 acre former creosote wood treatment ‘‘Plant Area’’ located on the west side of Hull Avenue, a 35 acre portion of the adjacent ‘‘Peace River Flood Plain Area’’ to the west, and a 63 acre rural residential ‘‘Oak Creek Area’’ on the east side of Hull Avenue in Hull, Desoto County, FL. Under the terms of the Consent Decree, CSX will undertake the remedial action selected by the United States Environmental Agency for the Site. Further, the terms of the Consent Decree require CSX to reimburse the United States for past costs, all future oversight costs, plus interest, incurred or to be incurred in the future by the government in connection with the remedial action at the Site. VerDate Mar<15>2010 17:09 Jul 07, 2010 Jkt 220001 The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United States v. CSX Transportation, Inc., D.J. Ref. 90–11–3–09690. The Consent Decree may be examined at the Office of the United States Attorney, Middle District of Florida, 2110 First Street, Suite 3–137, Ft. Myers, Florida 33901, and at the U.S. EPA Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303. During the public comment period, the Consent Decree may also be examined on the following Department of Justice Web site, https://www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the Consent Decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611 or by faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $13.25 (25 cents per page reproduction cost) for a copy of the Consent Decree without appendices, or $65.75 (25 cents per page reproduction cost) for a copy of the Consent Decree including appendices, payable to the U.S. Treasury or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. Maureen Katz, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2010–16679 Filed 7–7–10; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Settlement Agreement Under the Comprehensive Environmental Response, Compensation and Liability Act, the Clean Air Act, and Chapter 11 of the United States Bankruptcy Code Notice is hereby given that on July 1, 2010, a proposed Settlement Agreement (‘‘Agreement’’) in In re Quebecor World (USA) Inc., et al., Case No. 08– 10152(JMP) (Bankr. S.D.N.Y.), was lodged with the United States PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 Bankruptcy Court for the Southern District of New York. The Agreement was entered into by the United States, on behalf of the United States Environmental Protection Agency (‘‘EPA’’), Quebecor World (USA) Inc. (known as World Color (USA) Corp. since confirmation of the Plan of Reorganization and acquired by Quad/ Graphics Inc. on or about July 2, 2010), and certain of its direct and indirect subsidiaries (the ‘‘Debtors’’), the State of Illinois, the Lenz PRP RD/RA Work Group, a group of potentially responsible parties (‘‘PRPs’’) at the Lenz Oil Services Site in Lamont, Illinois, the Keystone Site Original Generator Defendants, a group of PRPs at the Keystone Landfill Site in Union Township, Pennsylvania, and Ringier, A.G., an indemnitor of certain of the Debtors. The Agreement relates to liabilities of the Debtors under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 9601 et seq. (‘‘CERCLA’’) and under the Clean Air Act, 42 U.S.C. 7401 et seq. The Agreement provides that EPA will have allowed general unsecured claims in the following amounts with respect to the following four Liquidated Sites: (1) $195,500 in connection with the Peterson/Puritan, Inc. Superfund Site in Lincoln and Cumberland, Rhode Island, (2) $175,412.76 in connection with the Solvent Recovery Service of New England Superfund Site in Southington, Connecticut, (3) $1,000 in connection with the LWD, Inc. Superfund Site in Calvert City, Kentucky, and (4) $2,701.12 in connection with the Lake Calumet Cluster Superfund Site located in Chicago, Illinois. In addition, Ringier, A.G. has agreed to make a cash payment to EPA, in the amount of $38,617.58, in connection with the Lake Calumet Cluster Superfund Site. Under the Agreement, EPA has agreed not to bring an action, under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, and 7003 of RCRA, 42 U.S.C. 6973, against the Debtors with respect to the Liquidated Sites, or against Ringier, A.G., in its capacity as the indemnitor of one or more of the Debtors, with respect to the Lake Calumet Cluster Site or the Lenz Oil Services Site, with respect to conduct of the Debtors occurring after the date of lodging of the Agreement. The Agreement also has provisions related to the liability of the Debtors in connection with two Consent Decree Sites—the Keystone Landfill Site and the Lenz Oil Services Site—where certain of the Debtors, as well as other PRPs, have entered into consent decrees E:\FR\FM\08JYN1.SGM 08JYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 130 / Thursday, July 8, 2010 / Notices with EPA requiring the implementation of remedial actions at such sites. Under the agreement, EPA has also agreed that the liability of the Debtors under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, arising from prepetition acts at the three Discharged Sites—the Byron Salvage Yard Site in Ogle County, Illinois, the Operating Industries Site in Monterey Park, California, and the Calumet Containers Site in Hammond, Indiana—were discharged under Section 1141 of the Bankruptcy Code by the Plan of Reorganization and the Confirmation Order. The Agreement also provides that the liability of the Debtors at the following Excluded Sites will not be affected by the Settlement Agreement: (1) The Bulk Terminals Site in Louisville, Kentucky; (2) the Constitution Road Site in Atlanta, Georgia; (3) the M&J Solvents Site in Atlanta, Georgia; (4) the Seaboard Chemical Corp. Site in Jamestown, North Carolina; (5) the Frontier Chemical Waste Processing Site in Niagara Falls, New York; (6) the Somersville Road Site in Contra Costa County, California; (7) the Crymes Landfill Site in Tucker, Georgia; (8) the Interstate Pollution Control Site in Rockford, Illinois; (9) the Old Land Reclamation Landfill Site in Depew, New York; (10) the GBF Pittsburgh Landfill Site in Contra Costa, California; (11) the Chemical Control Corp. Site in Elizabeth, New Jersey; and (12) the Brampton Road Site in Garden City, Georgia. With respect to any Debtor-Owned Sites, the Agreement provides that the claims of EPA and the State of Illinois against the Debtors related to postpetition cleanup costs, as well as actions seeking to compel performance of any cleanup action at such sites, shall not be discharged under Section 1141 of the Bankruptcy Code or impaired or affected by the Plan of Reorganization or the Confirmation Order. Finally, the Agreement provides, with respect to Additional Sites—defined as all sites that are not Liquidated Sites, Debtor-Owned Sites, Consent Decree Sites, Discharged Sites, or Excluded Sites—that all liabilities of the Debtors to EPA under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, and Section 7003 of RCRA, 42 U.S.C. 6973, arising from prepetition acts, shall be addressed as follows: EPA may not issue unilateral orders or seek injunctions against the Debtors, under Section 106 of CERCLA, 42 U.S.C. 9606 or Section 7003 of RCRA, 42 U.S.C. 6973, with respect to such sites, but EPA may seek to resolve Debtors’ liability, or have such liability adjudicated, to a VerDate Mar<15>2010 17:09 Jul 07, 2010 Jkt 220001 Determined Amount. The Agreement provides that the Debtors will pay EPA a Distribution Amount, which is based on the amount the Debtors would have paid to EPA if, at the time of the bankruptcy proceeding, EPA had an allowed general unsecured claim equal to the Determined Amount. The Agreement also provides that EPA will have a general unsecured claim in the amount of $183,109 in connection with EPA’s claim that one of the Debtors—Quebecor World Retail Printing Corp. (known as World Color Retail Printing Corp. since confirmation of the Plan of Reorganization and acquired by Quad/Graphics Inc. on or about July 2, 2010)—is liable for civil penalties for violations of the Clean Air Act at its facility located in Taunton, Massachusetts. For a period of 30 days from the date of this publication, the Department of Justice will receive comments relating to the Agreement. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044, and should refer to In re Quebecor World (USA) Inc., et al., Case No. 08–10152(JMP) (Bankr. S.D.N.Y.) and D.J. Ref. No. 90–11–2–09461. A copy of the comments should be sent to Donald G. Frankel, Department of Justice, Environmental Enforcement Section, One Gateway Center, Suite 616, Newton, MA 02458 or e-mailed to him at donald.frankel@usdoj.gov. The Agreement may be examined at the Office of the United States Attorney, Southern District of New York, 86 Chambers Street, Third Floor, New York, NY 10007 (contact Jeannette A. Vargas at 212–637–2678). During the public comment period, the Agreement may also be examined on the following Department of Justice Web site, https:// www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the Agreement may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611 or by faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy of the Agreement from the Consent Decree Library, please enclose a check in the amount of $12.00 (25 cents per page reproduction cost) payable to the U.S. Treasury (if the request is by fax or e-mail, forward a check to the Consent Decree library at the address stated above). Commenters may request an opportunity for a public PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 39279 meeting, in accordance with Section 7003(d) of RCRA, 42 U.S.C. 6973(d). Maureen Katz, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2010–16678 Filed 7–7–10; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA–2010–0022] Student Data Form; Extension of the Office of Management and Budget’s (OMB) Approval of Information Collection (Paperwork) Requirements AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Request for public comment. SUMMARY: OSHA solicits public comments concerning its proposal to extend the Office of Management and Budget’s (OMB) approval of the information collection requirements contained in the Student Data Form. DATES: Comments must be submitted (postmarked, sent, or received) by September 7, 2010. ADDRESSES: Electronically: You may submit comments and attachments electronically at https:// www.regulations.gov, which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments. Facsimile: If your comments, including attachments, are not longer than 10 pages, you may fax them to the OSHA Docket Office at (202) 693–1648. Mail, hand delivery, express mail, messenger, or courier service: When using this method, you must submit three copies of your comments and attachments to the OSHA Docket Office, Docket Number OSHA–2010–0022, U.S. Department of Labor, Room N–2625, 200 Constitution Avenue, NW., Washington, DC 20210. Deliveries (hand, express mail, messenger, and courier service) are accepted during the Department of Labor’s and Docket Office’s normal business hours, 8:15 a.m. to 4:45 p.m., e.t. Instructions: All submissions must include the Agency name and OSHA docket number for this Information Collection Request (ICR) (OSHA–2010– 0022). All comments, including any personal information you provide, are placed in the public docket without change, and may be made available E:\FR\FM\08JYN1.SGM 08JYN1

Agencies

[Federal Register Volume 75, Number 130 (Thursday, July 8, 2010)]
[Notices]
[Pages 39278-39279]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16678]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Settlement Agreement Under the Comprehensive 
Environmental Response, Compensation and Liability Act, the Clean Air 
Act, and Chapter 11 of the United States Bankruptcy Code

    Notice is hereby given that on July 1, 2010, a proposed Settlement 
Agreement (``Agreement'') in In re Quebecor World (USA) Inc., et al., 
Case No. 08-10152(JMP) (Bankr. S.D.N.Y.), was lodged with the United 
States Bankruptcy Court for the Southern District of New York. The 
Agreement was entered into by the United States, on behalf of the 
United States Environmental Protection Agency (``EPA''), Quebecor World 
(USA) Inc. (known as World Color (USA) Corp. since confirmation of the 
Plan of Reorganization and acquired by Quad/Graphics Inc. on or about 
July 2, 2010), and certain of its direct and indirect subsidiaries (the 
``Debtors''), the State of Illinois, the Lenz PRP RD/RA Work Group, a 
group of potentially responsible parties (``PRPs'') at the Lenz Oil 
Services Site in Lamont, Illinois, the Keystone Site Original Generator 
Defendants, a group of PRPs at the Keystone Landfill Site in Union 
Township, Pennsylvania, and Ringier, A.G., an indemnitor of certain of 
the Debtors. The Agreement relates to liabilities of the Debtors under 
the Comprehensive Environmental Response, Compensation and Liability 
Act of 1980, 42 U.S.C. 9601 et seq. (``CERCLA'') and under the Clean 
Air Act, 42 U.S.C. 7401 et seq.
    The Agreement provides that EPA will have allowed general unsecured 
claims in the following amounts with respect to the following four 
Liquidated Sites: (1) $195,500 in connection with the Peterson/Puritan, 
Inc. Superfund Site in Lincoln and Cumberland, Rhode Island, (2) 
$175,412.76 in connection with the Solvent Recovery Service of New 
England Superfund Site in Southington, Connecticut, (3) $1,000 in 
connection with the LWD, Inc. Superfund Site in Calvert City, Kentucky, 
and (4) $2,701.12 in connection with the Lake Calumet Cluster Superfund 
Site located in Chicago, Illinois. In addition, Ringier, A.G. has 
agreed to make a cash payment to EPA, in the amount of $38,617.58, in 
connection with the Lake Calumet Cluster Superfund Site. Under the 
Agreement, EPA has agreed not to bring an action, under Sections 106 
and 107 of CERCLA, 42 U.S.C. 9606 and 9607, and 7003 of RCRA, 42 U.S.C. 
6973, against the Debtors with respect to the Liquidated Sites, or 
against Ringier, A.G., in its capacity as the indemnitor of one or more 
of the Debtors, with respect to the Lake Calumet Cluster Site or the 
Lenz Oil Services Site, with respect to conduct of the Debtors 
occurring after the date of lodging of the Agreement.
    The Agreement also has provisions related to the liability of the 
Debtors in connection with two Consent Decree Sites--the Keystone 
Landfill Site and the Lenz Oil Services Site--where certain of the 
Debtors, as well as other PRPs, have entered into consent decrees

[[Page 39279]]

with EPA requiring the implementation of remedial actions at such 
sites.
    Under the agreement, EPA has also agreed that the liability of the 
Debtors under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, 
arising from prepetition acts at the three Discharged Sites--the Byron 
Salvage Yard Site in Ogle County, Illinois, the Operating Industries 
Site in Monterey Park, California, and the Calumet Containers Site in 
Hammond, Indiana--were discharged under Section 1141 of the Bankruptcy 
Code by the Plan of Reorganization and the Confirmation Order.
    The Agreement also provides that the liability of the Debtors at 
the following Excluded Sites will not be affected by the Settlement 
Agreement: (1) The Bulk Terminals Site in Louisville, Kentucky; (2) the 
Constitution Road Site in Atlanta, Georgia; (3) the M&J Solvents Site 
in Atlanta, Georgia; (4) the Seaboard Chemical Corp. Site in Jamestown, 
North Carolina; (5) the Frontier Chemical Waste Processing Site in 
Niagara Falls, New York; (6) the Somersville Road Site in Contra Costa 
County, California; (7) the Crymes Landfill Site in Tucker, Georgia; 
(8) the Interstate Pollution Control Site in Rockford, Illinois; (9) 
the Old Land Reclamation Landfill Site in Depew, New York; (10) the GBF 
Pittsburgh Landfill Site in Contra Costa, California; (11) the Chemical 
Control Corp. Site in Elizabeth, New Jersey; and (12) the Brampton Road 
Site in Garden City, Georgia.
    With respect to any Debtor-Owned Sites, the Agreement provides that 
the claims of EPA and the State of Illinois against the Debtors related 
to postpetition cleanup costs, as well as actions seeking to compel 
performance of any cleanup action at such sites, shall not be 
discharged under Section 1141 of the Bankruptcy Code or impaired or 
affected by the Plan of Reorganization or the Confirmation Order.
    Finally, the Agreement provides, with respect to Additional Sites--
defined as all sites that are not Liquidated Sites, Debtor-Owned Sites, 
Consent Decree Sites, Discharged Sites, or Excluded Sites--that all 
liabilities of the Debtors to EPA under Sections 106 and 107 of CERCLA, 
42 U.S.C. 9606 and 9607, and Section 7003 of RCRA, 42 U.S.C. 6973, 
arising from prepetition acts, shall be addressed as follows: EPA may 
not issue unilateral orders or seek injunctions against the Debtors, 
under Section 106 of CERCLA, 42 U.S.C. 9606 or Section 7003 of RCRA, 42 
U.S.C. 6973, with respect to such sites, but EPA may seek to resolve 
Debtors' liability, or have such liability adjudicated, to a Determined 
Amount. The Agreement provides that the Debtors will pay EPA a 
Distribution Amount, which is based on the amount the Debtors would 
have paid to EPA if, at the time of the bankruptcy proceeding, EPA had 
an allowed general unsecured claim equal to the Determined Amount.
    The Agreement also provides that EPA will have a general unsecured 
claim in the amount of $183,109 in connection with EPA's claim that one 
of the Debtors--Quebecor World Retail Printing Corp. (known as World 
Color Retail Printing Corp. since confirmation of the Plan of 
Reorganization and acquired by Quad/Graphics Inc. on or about July 2, 
2010)--is liable for civil penalties for violations of the Clean Air 
Act at its facility located in Taunton, Massachusetts.
    For a period of 30 days from the date of this publication, the 
Department of Justice will receive comments relating to the Agreement. 
Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, and either e-mailed to 
pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044, and should refer to In re 
Quebecor World (USA) Inc., et al., Case No. 08-10152(JMP) (Bankr. 
S.D.N.Y.) and D.J. Ref. No. 90-11-2-09461. A copy of the comments 
should be sent to Donald G. Frankel, Department of Justice, 
Environmental Enforcement Section, One Gateway Center, Suite 616, 
Newton, MA 02458 or e-mailed to him at donald.frankel@usdoj.gov.
    The Agreement may be examined at the Office of the United States 
Attorney, Southern District of New York, 86 Chambers Street, Third 
Floor, New York, NY 10007 (contact Jeannette A. Vargas at 212-637-
2678). During the public comment period, the Agreement may also be 
examined on the following Department of Justice Web site, https://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Agreement may 
also be obtained by mail from the Consent Decree Library, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611 or by 
faxing or e-mailing a request to Tonia Fleetwood 
(tonia.fleetwood@usdoj.gov), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy of the Agreement from the 
Consent Decree Library, please enclose a check in the amount of $12.00 
(25 cents per page reproduction cost) payable to the U.S. Treasury (if 
the request is by fax or e-mail, forward a check to the Consent Decree 
library at the address stated above). Commenters may request an 
opportunity for a public meeting, in accordance with Section 7003(d) of 
RCRA, 42 U.S.C. 6973(d).

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2010-16678 Filed 7-7-10; 8:45 am]
BILLING CODE 4410-15-P
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