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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6
1445 ROSS AVENUE, SUITE 1200 DALLAS, TX 75202-2733
DEC 09 2008
COMBINATION GENERAL NOTI C E LETTE R AND l04(E) INFORMATION REQUEST LETTER URGENT LEGAL MATTER: PROMPT REPL Y REQ UESTED CERTIFIED MAIL - RETURN REC EIPT REQ UESTED
C T Corporation System Registered Agent fo r International Paper Company 800 S. Gay Streel Suite 202 1 Knoxv ille, T N 37929-9710
Re: San Jacinto Ri ver Waste Pits Super fund Site , Channe lview, TX SS ID No. 06ZQ, EPA ID No. TXN0006066 I I
Dear Sir/Madam:
This letter notifies International Paper Company (Ipe), an acti ve New York corporation with headquarters in Memphis, Tennessee, that the U.S. Environmental Protection Agency (EPA) has determined IPC is a Potentiall y Responsible Party (PRJ» at the San Jacinto Ri ver Waste Pits Superfund Site (S ite). Therefore IPC may be responsible fo r conducting and/or fu nding a response action at the Site, in accordance with the Comprehensive Environmental Response, Compensation, and Liability Ac t, 42 U.S.c. § 960 1 e l seq. (CERCLA). On behalfof EPA, I offe r IPC the opportunity to en ter into negot iat ions concerning cleaning up the Site and reimbursing EPA for costs inc urred under the Superfund law.
A Superfund site is a place that is contaminated with hazardous substance at levels that may present a threat to human hea lth o r the envi ronment. Under CERCLA, commonly known as the Federal "Superfund" law, EPA has the authority to stop further contamination from occurring and to clean lip or o therwise address any contamination that has a lready occurred. EPA has determined a response action is necessary to address the release or threat of release of hazardous substances, pollutants or contaminants into the environment.
This letter also notifi es IPC that EPA is req uesting certai n docu ments and infomlation from IPC.
CERCLA Seelion 104(e) , 42 U.S.C. § 9604(e), gives EPA the authority 10 require WC's response to thi s information request. We cncourage fPC to give this matter its full attention , ~tnd we respectfully request that fP C respond to this request for information within 30 calendnr dan of its receipt of this letter (see Enclosures 1 and 2). Specific questions that require fPC' s answers arc listed in E nclosure 2. Failure 10 respond to an infonnalion request may result in EPA seeking penalties of up to $32,500 per day o f violation. In add ition,
Recycl l'd/Rt<:ycllbie. Printed willi Vegetable 01 Based Inks on 100% Rocyded Paper (40% Posloonsumer)
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furnishing false, fictitious, or fraudulent statements or representations is subject to criminal penalty under 18 U.S.C. § 1001.
Notice of Potential Liability
Under CERCLA, specifically 107(a), 42 U.S.C. § 9607(a), PRPs may be required to perform or fund cleanup actions EPA determines to be necessary to protect public health, welfare, or the environment. PRPs may also be responsible for all costs incurred by EPA in responding to conditions at the Site. In addition, PRPs may also be liable for damages to natural resources.
PRPs include current and former owners and operators of a site, as well as persons who arranged for treatment anellor disposal of any hazardous substances found at the site, and persons who accepted hazardous substances for transport and selected the site to which the hazardous substances were delivered.
The Site is located in Harris County in the State of Texas. The Site is comprised of an area of land and river sediment that is contaminated with certain hazardous materials from released waste paper mill sludge.
EPA believes that IPC may be liable under Section 107(a) of CERCLA with respect to the Site. Specifically, EPA has reason to believe that IPC (d.b.a. Champion Papers Inc.) contributed to the hazardous waste contamination at the Site, as a person, who by contract, arranged for disposal of hazardous substances owned by such person to the Site. Evidence of Champion Papers Inc. arranging for disposal of hazardous substances to the Site is reflected in paper mill waste disposal contracts between McGinnes Industrial Maintenance Corporation (MIMC) and Champion Papers Inc. Specifically, EPA has reason to believe that for a period of time during late 1965, MIMC transported waste paper mill sludge to the Site that had been generated at a paper mill owned and operated by Champion Papers Inc., located at 901 North Shaver Street, Pasadena, TX 77506. EPA has reason to believe that IPC is the current corporate successor of Champion Papers Inc. (see Enclosure 3).
EPA's Site Response Activities
EPA has spent public funds to investigate and monitor the conditions at the Site. The final listing of this Site onto the National Priorities List (NPL) occurred on March 19,2008 (see Enclosure 4).
IPC's Opportunity To Enter Into Negotiations
Prior to taking any further action, EPA invites IPC to enter into negotiations towards a settlement. Settling with EPA may be in IPC's best interest because it may provide protection from suits by other responsible parties seeking to recover costs they incur in resolving their liability at this Site. Also, if [PC chooses not to settle with EPA and IPC is found to be a responsible party, EPA may take civil administration action against IPC.
If IPC agrees to negotiations, EPA will meet with IPC. Discussions at the meeting will be about the Site cleanup and the resolution oflPC's associated liability. Please note that
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resolving IPC's liability with EPA does not necessarily end any associated obligation IPC may also have to the State of Texas. The State of Texas may contact IPC concerning such requirements. I have included a list of names and addresses ofPRPs that have already received a General Notice Letter, or, based upon information that is currently available to EPA, will soon receive a General Notice Letter (see Enclosure 5).
IPC's Response To This General Notice
Please respond within 30 calendar days of receiving this letter as to whether IPC is willing to meet with EPA to resolve its liability at the Site. IPC's response should be mailed to the following address:
Mr. Robert Werner, Enforcement Officer Superfund Enforcement Assessment Team (6SF-TE) U.S. EPA, Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 Phone #: (214) 665.6724 FAX #: (214) 665.6660 E-mail: [email protected]
If a response from IPC is not received within 30 calendar days, EPA will assume that IPC has declined to conduct, fund, or participate in the cleanup of the Site.
If IPC has general questions regarding this letter, please contact Mr. Robert Werner at 214.665.6724. IfIPC has legal questions regarding this letter, please contact the Site Attorney, Ms. Barbara Nann at 214.665.2157.
IPC's Response To This l04(e) Information Request
Please mail IPC's response within 30 calendar days of its receipt of this letter to the following address:
Mr. Robert Werner, Enforcement Officer Superfund Enforcement Assessment Team (6SF-TE) U.S. EPA, Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 Phone #: (214) 665.6724 FAX #: (214) 665.6660 E-mail: [email protected]
If IPC has general questions regarding this Information Request, please communicate with EPA Enforcement Officer Mr. Robert Werner via any of the above points of contact.
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If IPC has legal questions regarding this Information Request Letter, please communicate with EPA Site Attorney Ms. Barbara Nann via any of the below points of contact.
Ms. Barbara Nann, Attorney U.S. Environmental Protection Agency, Region 6 Office of Regional Counsel Superfund Branch (6RC-S) 1445 Ross Avenue Dallas, Texas 75202-2733 Phone #: (214) 665.2157 FAX #: (214) 665.2182 E-mail: [email protected]
We encourage IPC give both of the above matters its immediate attention and provide EPA a wri~en response to each matter within 30 calendar days of its receipt of this letter.
Thank you in advance for IPC's cooperation.
]erel~;ouf!!!:rrs, f'l /1.
-I·· a11~ { J ().tt;~ Samuel Cole';'.n, P.E. ~ Director Superfund Division
Enclosures (5)
cc: Mr. Elton Parker, Esq. Senior Council for Environmental Health and Safety, International Paper Company
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ENCLOSURE I
SAN JACINTO RIVER WASTE PITS SUPERFUND SITE
INFORMATION REQUEST
SITE BACKGROUND INFORMATION
The Site is located in Harris County in the State of Texas in an area where the Interstate Highway 10 Bridge crosses over the San Jacinto River. The Site is located east of the City of Houston between two unincorporated areas known as Channelview and as Highlands. The Site itself has no specific street address. The northern part of the Site includes an abandoned 20-acre tract of land (Tract) upon which three abandoned waste disposal pits are located. The three abandoned waste pits cover an area that approximates 3.5 acres of the Tract. Parts of the Tract, including the abandoned disposal pits, are now below the San Jacinto River's adjacent water surface. Samples collected in the disposal pits and in down river sediments have dioxin concentrations as high as 70,000 parts per trillion. Sediments contaminated with high levels of dioxin have been found in the San Jacinto River for a distance of at least one-half mile downstream from the disposal pits.
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ENCLOSURE 2
SAN JACINTO RIVER WASTE PITS SUPERFUND SITE
INFORMATION REQUEST
INSTRUCTIONS, DEFINITIONS, AND QUESTIONS
INSTRUCTIONS
1. Please provide a separate narrative response for each and every Question and subpart of a Question set forth in this Information Request.
2. Precede each answer with the Question (or subpart) and the number of the Question (and the letter of a subpart of a Question, if applicable) to which it corresponds.
3. If information or documents not known or not available to you as of the date of submission of a response to this Information Request should later become known or available to you, you must supplement your response to the U.S. Environmental Protection Agency (EPA). Moreover, should you find, at any time, after submission of your response, that any portion of the submitted information is false or misrepresents the truth, or, though correct when made, is no longer true, you must notify EPA of this fact as soon as possible and provide EPA with a corrected response.
4. For each document produced in response to this Information Request, indicate on the document, or in some other reasonable manner, the number of the Question (and the letter of a subpart of a Question, if applicable) to which it responds.
5. You may assert a business confidentiality claim covering part or all of the information which you submit in response to this request. Any such claim must be made by placing on (or attaching to) the information, at the time it is submitted to EPA, a cover sheet or a stamped or typed legend or other suitable form of notice employing language such as "trade secret," "proprietary," or "company confidential." Confidential portions of otherwise non-confidential documents should be clearly identified and may be submitted separately to facilitate identification and handling by EPA. If you make such a claim, the information covered by that claim will be disclosed by EPA only to the extent, and by means of the procedures, set forth in subpart B of 40 CFR Part 2. If no such claim accompanies the information when it is received by EPA, it may be made available to the public by EPA without further notice to you. The requirements of 40 CFR Part 2 regarding business confidentiality claims were published in the Federal Register on September 1, 1976, and were amended September 8, 1976, and December 18, 1985.
6. Personal Privacy Information. Personnel and medical files, and similar files the disclosure of which to the general public may constitute an invasion of privacy should be segregated from your responses, included on separate sheet(s), and marked as "Personal Privacy Information."
7. Objections to questions. If you have objections to some or all the questions within this 1 04( e) Information Request Letter, you are still required to respond to each question.
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DEFINITIONS
The following definitions shall apply to the following words as they appear in this enclosure:
1. The terms "and" and "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of this Information Request any information which might otherwise be construed to be outside its scope.
2. The term "any," as in "any documents" for example, shall mean "any and all."
3. The term "arrangement" means every separate contract or other agreement between two or more persons.
4. The terms "document(s)" and "documentation" shall mean any object that records, stores, or presents information, and includes writings of any kind, formal or informal, whether or not wholly or partially in handwriting, including by way of illustration and not by way of limitation, any invoice, manifest, bill of lading, receipt, endorsement, check, bank draft, canceled check, deposit slip, withdrawal slip, order, correspondence, record book, minutes, memorandum of telephone and other conversations including meetings, agreements and the like, diary, calendar, desk pad, scrapbook, notebook, bulletin, circular, form, pamphlet, statement, journal, postcard, letter, telegram, telex, telecopy, telefax report, notice, message, analysis, comparison, graph, chart, map, interoffice or intra office communications, photostat, or other copy of any documents, microfilm or other film record, any photograph, sound recording on any type of device, any punch card, disc pack; any tape or other type of memory generally associated with computers and data processing (together with the programming instructions and other written material necessary to use such punch card, disc, or disc pack, tape or other type of memory and together with the printouts of such punch card, disc, or disc pack, tape or other type of memory); and (a) every copy of each document which is not an exact duplicate of a document which is produced, (b) every copy which has any writing, figure or notation, annotation or the like on it, (c) drafts, (d) attachments to or enclosures with any document and (e) every document referred to in any other document.
5. The term "identify" means, with respect to a natural person, to set forth the person's name, present or last known business and personal addresses and telephone numbers, and present or last known job title, position or business.
6. The term "identify" means, with respect to a corporation, partnership, business trust or other association or business entity (including, but not limited to, a sole proprietorship), to set forth its full name, address, and legal form (e.g. corporation (including state of incorporation), partnership, etc.), organization, if any, a brief description of its business, and to indicate whether or not it is still in existence and, if it is no longer in existence, to explain how its existence was terminated and to indicate the date on which it ceased to exist.
7. The term "identify" means, with respect to a document, to provide the type of document, to provide its customary business description, its date, its number, if any (invoice or
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purchase order number), subject matter, the identity of the author, addressor, addressee and/or recipient, and the present location of such document.
8. The Tenn "IPC" means International Paper Company, an active New York corporation and all corporations that due to previous mergers and reorganizations are now part of IPC or are subsidiaries of IPC.
9. The Tenn "MIMC" means McGinnes Industrial Maintenance Corporation, an active Texas corporation that currently is a subsidiary of Waste Management of Texas, Inc., an active Delaware corporate.
10. The Tenn "WMOT" means Waste Management of Texas, Inc., an active Delaware corporate and all corporations that due to previous mergers and reorganizations are now part of WMOT or are subsidiaries of MMOT.
11. The tenn "person" shall have the same definition as in Subsection 101 (21) ofCERCLA, 42 U.S.C. § 9601 (21).
12. The tenn "Site" shall mean a certain 20-acre area of land and an undetennined area of sediment in the San Jacinto River and the Houston Ship Channel that is contaminated with hazardous materials from waste paper mill sludge. The Site is in Harris County in the State of Texas in an area where the Interstate Highway 10 crosses over the San Jacinto River. The Site is located east of the City of Houston between two unincorporated areas known as Channelview and as Highlands. The Site itselfhas no specific street address.
13. The tenn "you" or "Respondent" shall mean the addressee of this Request, the addressee's officers, managers, employees, contractors, trustees, partners, successors, assigns, and agents.
14. Words in the masculine shall be construed in the feminine, and vice versa, and words in the singular shall be construed in the plural, and vice versa, where appropriate in the context of a particular question or questions as necessary to bring within the scope of this Infonnation Request any infonnation which might otherwise be construed to be outside its scope.
15. All tenns not defined herein shall have their ordinary meaning, unless such tenns are defined in CERCLA, RCRA, 40 CFR Part 300 or 40 CFR Parts 260-280, in which case the statutory or regulatory definitions shall apply.
QUESTIONS
1. Please identify the person(s) that answer the below questions on behalf of International Paper Company (lPC). Include the person(s) contact infonnation (address, phone number, e-mail address).
2. Is IPC the successor to all liabilities, including those under the Comprehensive
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Environmental Response, Compensation and Liability Act, as amended, by the Superfund Amendments and Reauthorization Act of Champion Papers Inc.?
3. If your answer to number (2) above is "no", respond fully to the following questions: Describe in detail IPC's past and current relationship with Champion Papers Inc. and the facility located at 901 North Shaver Street, Pasadena, TX 77506. Respond, for instance to each of the following questions.
A. State the date on which IPC acquired ownership or an interest in Champion Papers Inc. and the facility. State the prior owners, if any, of Champion Papers Inc. and the facility. Submit a copy of all documents relating to IPC's purchase of Champion Papers Inc. and the facility.
B. Did. the company sell or otherwise divest itself of any stock, assets, or other interest in Champion Papers Inc. or any other company which operated a facility at 901 North Shaver Street, Pasadena, Texas 77506.
C. If the answer to (a) is "yes", fully describe the nature of the sale and/or transaction. State if the transaction consisted of a merger, consolidation, sale or transfer of assets, and submit all documents relating to such transaction, including all documents pertaining to any agreements, express or implied, for the purchasing corporation to assume the liabilities of the selling corporation.
D. Did IPC retain the liabilities of the Champion Papers Inc. for events prior to the sale?
4. Describe the relationship between IPC and Champion Papers Inc.
5. If IPC has had any changes in company name, ownership or structure or has obtained an interest in or dissolved itself of an interest in any other corporation, subsidiary, division or other entity, identify such transaction. State if the transaction consisted ofa merger, consolidation, sale or, transfer of assets and submit all documents relating to such transactions including all documents pertaining to any agreements, express or implied, for the purchasing corporation to assume the liabilities of the selling corporation.
6. For each and every question contained herein, identify all documents consulted, examined, or referred to in the preparation of the .answer or that contain information responsive to the question and provide true and accurate copies of all such documents.
7. Identify all changes in ownership relating to the facility from August 31, 1965, to the present including the date of the ownership change. If any owner was/is a corporation, identify if the corporation was a subsidiary or division of another corporation. In your identification of any corporation, it is requested that you provide the full corporate name, the state of incorporation, and all fictitious names usedlheld by that corporation.
8. For each owner that is a subsidiary of another corporation, it is requested that you provide
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a chart that details the corporate structure from this plant through all intermediary entities to the ultimate corporate parent. For purposes of this information request, the term "ultimate corporate parent" is to be the corporate entity that, while, owning or controlling the majority of the shares of common stock in a subsidiary corporation, is not primarily owned/ controlled by another corporation.
9. For each change in ownership, describe the type of change, i.e. asset purchase, corporate merger, or name change as well as the date of the change in ownership.
10. For all asset purchases identified, please provide a copy of the asset purchase agreement.
11. For all corporate mergers identified, please provide a copy of the merger document.
12. Provide a copy of the agreement of sale as well as all attachments and amendments to this agreement of sale including related agreements such as exclusive service contracts, not to compete agreements or consulting agreements, that document each asset sold as well as the consideration paid for each and every asset.
13. Identify all consideration paid for the assets. In identifying the consideration, provide the amount paid in cash, the amount paid in promissory notes or other form of debenture payable to the entity and/or officers, directors and/or shareholders of the entity selling the assets, the value associated with the assumption of liabilities (if assumption of liabilities are involved, you are also to identify the types of liabilities assumed), the value associated with the performance of services, the value associated with shares of stock exchanged as part of the sale, and the type and value associated with any other form of consideration not identified above.
14. For all promissory notes or other form of debenture identified above, has there been a renegotiation of the terms and conditions relating to this debt? If there has, describe the changes made and provide documentation that substantiates these changes. Furthermore, if any payment was late, reduced, or is in arrears, identify the amount of the payment, the original due date of the payment, and the number of days in arrears.
15. Identify ifany law suit has been filed against the current owner of the assets for activities conducted prior to the acquisition of the assets. In your response, identify the plaintiff(s), defendant(s), the type of action, the docket number of the case, the court that the case was filed in, and the present status of the case.
16. Are there any indemnification agreements associated with the sale of assets? If yes, has there been any attempt to activate these agreements. Describe the circumstances surrounding each attempt to activate the indemnification agreement, the current status of each attempt and if the attempt was resolved, describe the final resolution of each attempt.
17. Provide copies of any appraisals and all documents that support the appraisal's findings for each appraisal that was relied upon for this sale as well as any and all appraisals that
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were conducted during a four year period that begins two years prior to the sale and concludes two years after the sale.
18. Identify the num~er of people working at this location one year before the sale and one year after the sale. For those employees who continued to work there, were sick-leave and vacation time accrued prior to the sale carried forward after the sale?
19. Identify the number, names and positions held of all senior management officials one year before the sale and one year after the sale.
20. Identify all plant processes, manufacturing methods and/or procedures that were in effect prior to the asset acquisition that were discontinued after the acquisition of the assets. For all discontinued activities identify when the activities were discontinued.
21. Identify the shareholders of the corporation that sold the assets and the shareholders of the corporation that purchased the assets. If the shareholders are different, is there now or was there at the time of sale any relationship between the two groups of shareholders other than that of sellerlbuyer.
22. Identify all intangibles purchased by this asset sale. Your response is to include but not be limited to goodwill, client lists, all trademarks, patents and copyrights as well as exclusive rights to market products, sales territories and rights to fictitious names.
23. Has the value assigned to the intangibles described above been revalued or discontinued? If yes, describe the date of the action and the circumstances associated with the action.
24. Identify all plant processes, manufacturing methods and/or procedures that were conducted subsequent to the sale but which took place at a different location after the sale. In your response identify, where the action previously took place; where it was relocated to. Also identify if the action was conducted at the new location prior to the sale; if any and all equipment acquired during the sale that was moved to the new location. If employees previously employed at the old location were utilized at the new location describe the total number of employees involved in the process at the prior location, the number of employees utilized in the process at the new location, and the number of employees utilized at the old location that were utilized at the new location.
25. Identify all creditors that were advised of the sale of assets prior to the sale.
26. Identify all actions taken to comply with the provisions regarding Bulk Sales Laws.
27. If any of the documents solicited in this infonnation request are no longer available, please indicate the reason why they are no longer available. If the records were destroyed, provide us with the following:
A. Your document retention policy.
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B. A description of how the records were destroyed (burned, archived, trashed, etc.) and the approximate date of destruction.
C. A description of the type of information that would have been contained in the documents.
D. The name,job title and most current address known by you of the person(s) who would have produced these documents; the person(s) who would have been responsible for the retention of these documents; and the person(s) who would have been responsible for the destruction of these documents.
28. Did Respondent file tax returns or financial statements on behalf of its subsidiaries at any time from August 31, 1965, to the present? If so, please provide copies of those tax returns and financial statements.
29. List the complete legal names of the corporations created, renamed, merged, or dissolved through such transactions and identify which such action applies to which corporation.
30. Identify the assets sold, including without limitation, customer lists, real estate, buildings, and inventory.
31. Indicate the nature and amount of the consideration (e.g., cash, stock, note, etc.) paid or promised for such transactions.
32. List the addresses of where the seller had conducted business prior to the transaction and the buyer conducted business following the transaction.
33. Identify the managers of the seller's business and the managers of the buyer's business at such locations.
34. State the total number of seller's and buyer's employees at such locations, and indicate the percentage of seller's employees retained by buyer.
35. Describe the nature of the seller's business and the nature of the buyer's business, including whether the buyer held itself out to the public as the same entity as the seller.
36. List the names of the officers, directors, and majority shareholders of the seller and of the ~~ .
37. Describe in detail whether Champion Papers Inc. ceased operations, liquidated, dissolved, or otherwise changed its operations after the transaction, and the dates of any such actions.
38. List the names and former positions or titles of the Respondent's officers after the transaction that were formerly officers, directors, shareholders or employees of Champion Papers Inc.
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39. List the names and former positions or titles of any of Champion Papers Inc. employees, shareholders, officers or directors that served as a consultant, or in a consulting capacity, to Respondent after the transaction. Describe in detail the nature of the consulting relationship.
40. Describe in detail whether, after the transaction, the Respondent continued to use any bank, savings and loan or other financial institution with which Champion Papers Inc. did business.
4 I. Describe in detail whether, after the transaction, the Respondent continued to use any insurance, surety, bonding, or similar company which covered Champion Papers Inc. business operations.
42. Identify all persons owning over 5% of the stock in the successor and successor corporations and state their managerial or director role, if any.
43. Describe any sales of assets, stock, or property of Company A, 'either as a subsidiary or division of Company B, or Company C, to Company D or Company E. Identify the dates of any such transactions, the parties involved, and describe the nature and terms of the transaction(s).
44. Provide copies of all documents related to transactions described in question 43.
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ENCLOSURE 3
SAN JACINTO RIVER WASTE PITS SUPERFUND SITE
COMPACT DISC CONTAINING LIABILITY EVIDENCE
005466
ENCLOSURE 4
SAN JACINTO RIVER WASTE PITS SUPERFUND SITE
NPL SITE LISTING
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Federal Register / Vol. 73, No. 54/ Wednesday. March 19. 2008/ Rules and Regulations 14727
TABLE 1.-GENERAL SUPERFUND SECTION-Continued
State Site name City/county Notes'
MO .... Washington County Lead District-Richwoods ..................................................................................... Richwoods.
NJ ...... Sherwin-Williams/Hilliards Creek ........................................................................................................... Gibbsboro.
PA ..... Chem·Fab .............................................................................................................................................. Doylestown.
PR ..... San German Ground Water Contamination .......................................................................................... San German.
TX ..... Donna Reservoir and Canal System ...... ............ ........ ............. ........... ........ ........ ............ .......... ....... ...... Donna.
TX Midessa Ground Water Plume ............................................................................................................... Odessa.
TX San Jacinto River Waste Pits ................................................................................................................ Harris County.
VA ..... Hidden Lane Landfill .............................................................................................................................. Sterling .
• A = Based on issuance of health adviSOry by Agency for Toxic Substance and Disease Registry (HRS score need not be ~ 28.50). C = Sites on Construction Completion list. S = State top priority (HRS score need not be ~ 28.50). P = Sites with partial deletion(s).
• *
!FR Doc. E8-5557 Filed 3-18-08: 8:45 am) BILLING CODE 8S8G-50-P
OFFICE OF PERSONNEL MANAGEMENT
48 CFR Part 2152
Precontract Provisions and Contract Clauses
CFR Correction
In Title 48 of the Code of Federal Regulations. Parts 1500 to 2899. revised as of October 1. 2007. on page 440. in section 2152.370. reinstate paragraphs (a) and (b) before the table to read as follows:
2152.370 Use of the matrix.
(a) The matrix in this section lists the FAR and LIF AR clauses to be used with the FEGLl Program contract. The clauses are to be incorporated in the contract in full text.
(b) Certain contract clauses are mandatory for FEGLI Program contracts. Other clauses are to be used only when made applicable by pertinent sections of the FAR or L1FAR. An "M" in the "Use Status" column indicates that the clause is mandatory. An "A" indicates that the
clause is to be used only when the applicable conditions are mel. * * !FR Doc. 08-55504 Filed 3-18-08: 8:45 ami BILLING CODE 1505-01-S
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 1
[Docket No. CST 2008-(103)
RIN 2105-AD73
Organization and Delegation of Powers and Duties; Secretarial Succession
AGENCY: Office of the Secretary of Transportation (OST). DOT. ACTION: Final rule.
SUMMARY: This amendment will revise the order of Secretarial succession for the Department. This action is taken on the Department's initiative. DATES: Effective Date: March 19. 2008. FOR FURTHER INFORMATION CONTACT: Donna O·Berry. Office of the Assistant General Counsel for Operations. Department of Transportation. 1200 New Jersey Avenue. SE .. i{oom W96-317. Washington. DC 20590: Telephone (202) 366-6136.
SUPPLEMENTARY INFORMATION:
Background
In 49 CFR 1.26. the order of succession to act as SecretarY of Transportation is set forth as follows: The Deputy Secretary. Under Secretary of Transportation for Policy. General Counsel. Assistant Secretary for Aviation and International Affairs. Assistant Secretary for Transportation Policy. Assistant Secretary for Budget and Programs. Assistant Secretary for Governmental Affairs. Assistant Secretary for Administration. Federal Aviation Administrator. Federal Aviation Administration Regional Administrator. Southwest Region. Federal Aviation Administrator Regional Administrator. Great Lakes Region.
Section 102(e) of title 49. United States Code. authorizes the Secretary to proscribe the order of succession for the Department's Assistant Secretaries and the Genera! Counsel. We are updating our Secretarial Order of Succession to reflect recent Secretarial decisions concerning the order of succession for Assistant Secretaries of Transportation.
As this rule relates solely to Departmental organization. procedures. and practice. notice and comment on it are unnecessary under 5 V.S.c. 553(b). In addition. the Secretary finds that security and continuity of operations
005468
ENCLOSURES
SAN JACINTO RIVER WASTE PITS SUPERFUND SITE
IDENTIFIED POTENTIALLY RESPONSIBLE PARTIES
The U.S. Environmental Protection Agency (EPA) is issuing this General Notice Letter to the following Potentially Responsible Party (PRP):
International Paper Company C T Corporation System, Registered Agent 800 S. Gay Street Suite 2021 Knoxville, TN 37929-9710
On November, 29, 2007, EPA issued a General Notice Letter to the following PRP:
Waste Management An assumed name for Waste Management of Texas, Inc. (Effective July 6,2007) C/O Mr. March Smith Director- South Closed Site Management Group 2859 Paces Ferry Road, Suite 1600 Atlanta, Georgia 30339
EPA will issue a General Notice Letter to the following PRP:
McGinnes Industrial Maintenance Corporation C T Corporation System, Registered Agent 350 N. St. Paul Street Dallas, Texas 75201
005469
COM BI NATION GENERAL NOTI C E LETTER AND 104(E) INFORM ATION REQUEST LETn: R URG ENT LF:GAL MATTER: PROMPT IlE I'LY REQUESTED CERTIFI ED MAIL - RETURN RECEIPT REQUESTED
C T Corporation System Registered Agent for International Paper Company 800 S. Gay Street Suite 202 1 Knoxv ille, T N 37929-97 10
Re: San Jacinto River Waste Pits Superfund Site, Channelview, TX SS ID No. 06ZQ, EPA ID No. TXN0006066 1 1
Dear Sir/Madam:
This Leite r no tifies International Paper Company (IPC), an acti ve New Yo rk corporat ion with headquarters in Memphis, Tennessee, that the U.S. Environmenta l Protect ion Agency (EPA) has determ ined IPe is a Potentially Responsible Party (PRP) aI the San Jacinto River Waste Pits Superfund Site (Site). Therefore IPC may be responsib le fo r conducting and/or funding:'l response act ion at the Site, in accordance wilh the Compre hensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 el seq. (CERCLA). On behalfof EPA, I offer IPC the opport unity to ente r into negot iat ions concerning cleaning up the Site and reimbursing EPA for costs incurred unde r the Superfund law.
A Superfund site is a place that is contaminated with hazardous substance at levels that may presen t a threat to human health or the environment. Under CERCLA, eOllllllonly known as the Federal "Superfund" law, EPA has the authority to stop further contaminat ion from occurring and to clean lip or otherwise address any contami nat ion that has already occurred. EPA has determined a response act ion is necessary to address the re lease or th rea t of re lease of hazardous substances, po ll utan ts or contaminants into the environmen t.
Th is Leller also notifies Ire that EPA is requesting certain doculll ent s and information from IPC.
CERCLA Scction 104(c), 42 U.S.C. § 9604(c), gives EPA thc authority to require IPC's response to thi s information request. We encourage IPC (0 give this matter its full attention , and we respec tfully request tha t IPC respond (0 this request for informa tion within 30 calendar dn vs of its receipt of this LeHer (sec Enclosures I "nd 2). Specific questions that require IPC's ,lnswcrs arc listed in Enclosure 2. Failure to respond to an information request may result in EPA seeking penalties of up to $32,500 per day of vio lat ion. In addition,
R. Wemer/6SF-TE/5.6724/ 12-08-2008/Lcller - IPC Combination G-N / 104(c)Llr
6RC-S B.Nanll
6SF-T E L.Johnson
6RC-S M.Peycke
6SF-T W.Stenger
6S F-D P.Phi ll ips-
6-S I' C. Hubbard
005470
COMBINATION GENERAL NOTICE LETTER AND I04(E) INFORMATION REQUEST LETTER URGENT LEGAL MATTER: PROMPT RE PLY REQUESTED CERTIFIED MAIL - RETURN RECE IPT REQUESTED
C T Corporation System Registered Agent for International Paper Company 800 S. Gay Street Suite 2021 Knoxville, TN 37929-9 0 ...
Re: San Jacinto River W te Pits Superfund Site, Channelv' w, TX SSID No. 06ZQ, EPA No. TXN00060661 1
Dear Si r/Madam:
This Letter notifies Internation Paper Com ny (Jpe), an act ive New York corporation with headquarters in Memphis, Tennesse . that the .S . Env ironmenta l Protection Agency (EPA) has determined IPC is a Potentiall y espo sible Party (PRP) at the San Jacinto River Waste Pits Superfund Site (S ite). Therefore may be responsible For conducting and/or funding a removal action at the Site, in aceor cc with the Comprehensive Environmental Response, Compensation, and Liability Act, 2 .S.C. § 9601 el seq. (CERCLA). On behalfof EPA, I offer IPC the opportunity to enter i 0 neg tiations concern ing cleaning up the Site and reimbursing EPA for costs incurred unde the Supe und law.
A Superfund site is a place tim IS contaminate with hazardous substance at levels that may present a threat to human healt or the env ironment. Under CERCLA, commonl y known as the Federal "Superfund" law, EPA as the authority to sto further contamination from occurring and to clean up or otherwise addr ss any contamination that las already occurred. EPA has determined a response action is ecessary to address the relea or threat of release of hazardous substances, pollutants or cont inants into the environment.
This Letter also not' ICS IPe that EPA is requesting certain ocuments and informat ion from IPC.
), 42 U.S.c. § 9604(e), gives EPA the authority to require lPC' s response to this info ation request. We encourage IPC to give this mattcr its full attcntion , and wc respectfully request that IPC respond to this request for infonmltion within 30 calendar davs of its rcccipt of this Lcttci' (scc EnciosUl'cs 1 and 2). Spccific questions that rcquire fPC's answers are listed in Enclosure 2. Failure to respond to an information request may result in EPA seeking penalt ies of up to $32,500 per day of violation . In addition,
~ >i3 R.Werner/6SF-TE/5.6724112-03-2008/Letter - IPC Combination G-N / 104(e)Ltr
6RC-S B.Nann
6SF-TE L.Johnson
6RC-S M.Peyckc
6SF-T \V.Stenger
6SF-D P.Phillips~
6-SF C.Hubbard
005471
COM IlI NATION GENE RAL NOTI CE LETTER AN D III4(E) INFORMATION REQ UEST LETTER URGENT LEGA L MATTE R: I'ROM rT RE I'LY IIEQ UESTED CE IHIFIED MAIL - RET URN REC EIPT IIEQIJEST E D
C T Corporation System Registered Agent for International Paper Company 800 S. G.1Y Street Suite 202 1 K.lloxvillt: TN 37929-9710
Re: San Ja into Ri ver Waste Pits Superfund Sile. Channelvic\ ". rx SS ID N 067.Q. EPA II} No. TXN0006066 I I
Dear SirlMa<lnm:
This Letter notih s International Paper Com < ny (IPC). an acti ve New York corporation with headquarters in Mcm his. Tennessee. thallh .5 . Environmental Pro tection Agency (EPA) has determined [PC L a Potentially Resp lsib le Party (PRP) at the San Jncimo Ri ver Waste Pits Superfu nd Site (SI c). Therefore I " may be responsible for conducting andlor funding <I removal act ion at the Site. in aect dance with the Comprehensive EnvirolUnenta! Response, Compens<Jtion. and LI, bility. t...J 2 U.S.c. § 9601 ef seq. (CERCLA). On behalf o f EPA. I ofTer IPC the opportunity t em 'into negoti ations concerning cleaning up the Site and reimbursing EPA for costs incurrccll dcr the Superfund law.
A Superfund site is a plat that is contaminated with hazardous substance at levels that may present a threalto human ea lth or th environment. UncleI' CERCLA. commonly known as the Fcderal "Superflmd" law ~ PA has the al horit y to stop further contaminati on from occurring and to clean up or olherwis address any contI. lina tion that has "Iready occurred. EPA has determined a response ae 'on is necessary to ack 'ess the release or threat of release ofhazarclolls substances. pollutan ts contaminants into the en ·ironment.
This Letter ' so notifies Irc that EPA is r~C]llt: .. ting ce rtain documents and information n'OJl1 I PC.
CERCLA Se Ion 104(c ). 42 U.S.C, § 9604(e). gives EPA 1C au thority to requ ire IPCs response to is into nll<ltion request. We encourage IPC 10 ive this malter' it s full atlention, 11l1 d we r es )ectfully r'cqu es t thatlPC respond to Ihis reques for infor'lIlation within 30 calenda r davs of it s rece ipt of this Letter (sec Ellclosures J all 2). Specific qu estioll s that r-cqu irc II)C's allSWCI'S are li sted in Enclosure 2. Failure to resp 0 an information requcst may result in EPA seeking penalties or LIp to S32.500 per day of violation. In add ition.
R. Wemer/6SF-TE/S.672..J/l 1-20-200S/Lener - !PC CombinCLI ion G-N / I 04( e)Ltr
6RC-S B,Nann
fYI1!1j[ot 6RC-S
Mi~ 6S);'-q rphillips
, I
005472
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