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Lucent Technologies
Interim Participation Agreement
INTERIM PARTICIPATION AGREEMENT
1. This Interim Participation Agreement is entered into between and among the Microelectronics business of Lucent Technologies, Inc. ("Microelectronics"), formerly AT&T Microelectronics, including its successors and assigns; the United States Environmental Protection Agency and the Florida Department of Environmental Protection, Pennsylvania Department of Environmental Protection and Texas Natural Resource Conservation Commission (collectively known as the "Government Participants"); and the Environmental Law Institute and other non-governmental organizations (collectively, "NGO Participants").
2. The purpose of this Interim Agreement is to document the intent of the signatories to this Interim Agreement relating to the disclosure, use, sharing and confidentiality of information regarding Microelectronics in the current and on-going development and implementation of Microelectronics' environmental management system (" EMS") pursuant to the International Organization on Standardization's 14001 environmental management systems standard, prior to the execution of the Project XL Final Project Agreement ("FPA").
3. In order to foster the spirit of cooperation and innovation embodied in the Project XL program and to accomplish the goals identified by Microelectronics in its Project XL proposal, including active participation by the Government and NGO Participants in the development and implementation of Microelectronics' EMS, Microelectronics will voluntarily disclose to the signatories to this Interim Agreement information relevant to such development and implementation (collectively, "Project XL Disclosures") subject to the following understandings:
A. Project XL Disclosures which indicate a violation of federal or state environmental requirements shall be considered information disclosed pursuant to and consistent with USEPA's Self-Disclosure Policy, 60 Fed. Reg. 66706 (Dec. 22, 1995).
B. Provided that the violation disclosed during the course of current and on-going development and implementation of Microelectronics' EMS is expeditiously corrected [i.e., the terms of Condition D(5), "Correction and Remediation," of the Self-Disclosure Policy are satisfied], the signatories agree that Microelectronics is entitled to the protections of Section C, "Incentives for Self-Policing," Subsections (1) "No Gravity-Based Penalties," (3) "No Criminal Recommendations," and (4) "No Routine Request for Audits," as provided in the Self-Disclosure Policy.
C. It is the intent of the signatories that:
(1) Project XL Disclosures indicating circumstances that may present an imminent and substantial endangerment shall be promptly addressed by Microelectronics;
(2) in the event Microelectronics has responded properly, the government participants shall initiate no action to assess civil penalties; however,
(3) the Government participants retain their authority to respond to circumstances which may present an imminent and substantial endangerment, including the assessment of civil penalties, where Microelectronics has failed to respond properly; and
(4) the Government Participants agree that, if and when applicable, public notice shall be provided in the manner prescribed by Section 7003(d) of the Resource Conservation and Recovery Act, 42 U.S.C. 6973.
D. Information regarding Microelectronics which is disclosed or known to any signatory to this Interim Agreement wholly apart from the Project XL Disclosures may be used for any civil, administrative or criminal enforcement purpose; provided, however, that each signatory agrees that, in any such case involving a facility in Project XL, Microelectronics' participation in Project XL shall be considered a relevant factor in determining whether to bring an enforcement action and, if an action is brought, in mitigating penalties sought in such action. E. Each signatory to this Interim Agreement agrees that it will not use information obtained wholly through Project XL Disclosures as a basis for deciding either to (a) inspect any Microelectronics facility; or (b) seek additional information pursuant to its statutory or regulatory information-gathering authority. F. In accordance with 40 CFR Part 2, Subpart B (1995) and equivalent State laws and regulations, Microelectronics may claim certain Project XL Disclosures as "Confidential Business Information" ("CBI"), subject to the protections of those laws and regulations so long as the information so designated falls within the scope of those laws and regulations. Microelectronics reserves the right to claim certain Project XL Disclosures as CBI within 48 hours of the initial disclosure; provided, however, that Microelectronics understands that CBI protections will not apply to such Project XL Disclosures until a CBI claim is made and that the signatories to this Interim Agreement are under no obligation to protect Project XL disclosures as CBI prior to their claim by Microelectronics as CBI. CBI protections are in addition to those protections set out above in Paragraphs A through
E. Microelectronics reserves the right to disclose Project XL disclosures designated as CBI only to the Government Participants.
4. This Interim Agreement shall become effective with regard to each party signing it on the date on which such party executes the Interim Agreement.
5. This Interim Agreement shall terminate upon the effective date of the FPA, or upon the decision of the signatories not to sign an FPA.
6. This Interim Agreement shall be executed in multiple counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
7. This Interim Agreement is executed by individuals duly authorized to do so on behalf of their organizations. Accepted on behalf of the Microelectronics business of Lucent Technologies, Inc.: (signed) Signature President, Microelectronics Lucent Technologies Title February 5, 1996 Date Accepted on behalf of the United States Environmental Protection Agency (signed) Signature Deputy Regional Administrator Title February 12, 1996 Date Accepted on behalf of the Florida Department of Environmental Protection Signature Title Date Accepted on behalf of the Pennsylvania Department of Environmental Protection: Signature Title Date Accepted on behalf of the Texas Natural Resource Conservation Commission: Signature Title Date [Changes requested by Pennsylvania Department of Environmental Protection are in bold italics
INTERIM PARTICIPATION AGREEMENT
1. This Interim Participation Agreement is entered into between and among the Microelectronics business of Lucent Technologies, Inc. ("Microelectronics"), formerly AT&T Microelectronics, including its successors and assigns; the United States Environmental Protection Agency and the Florida Department of Environmental Protection, Pennsylvania Department of Environmental Protection and Texas Natural Resource Conservation Commission (collectively known as the "Government Participants"); and the Environmental Law Institute and other non-governmental organizations (collectively, "NGO Participants").
2. The purpose of this Interim Agreement is to document the intent of the signatories to this Interim Agreement relating to the disclosure, use, sharing and confidentiality of information regarding Microelectronics in the current and on-going development and implementation of Microelectronics' environmental management system (" EMS") pursuant to the International Organization on Standardization's 14001 environmental management systems standard, prior to the execution of the Project XL Final Project Agreement ("FPA").
3. In order to foster the spirit of cooperation and innovation embodied in the Project XL program and to accomplish the goals identified by Microelectronics in its Project XL proposal, including active participation by the Government and NGO Participants in the development and implementation of Microelectronics' EMS, Microelectronics will voluntarily disclose to the signatories to this Interim Agreement information relevant to such development and implementation (collectively, "Project XL Disclosures") subject to the following understandings:
A. Project XL Disclosures which indicate a violation of federal or state environmental requirements shall be considered information disclosed pursuant to and consistent with USEPA's Self-Disclosure Policy, 60 Fed. Reg. 66706 (Dec. 22, 1995) and Pennsylvania's Voluntary Environmental Compliance Audit Policy as described in the Notice of Availability published in the Pennsylvania Bulletin on February 10, 1996. 26 Pa.
B. 632. B. Provided that the violation disclosed during the course of current and on-going development and implementation of Microelectronics' EMS is expeditiously corrected [i.e., the terms of Condition D(5), "Correction and Remediation," of the Self-Disclosure Policy are satisfied], the signatories agree that Microelectronics is entitled to the protections of Section C, "Incentives for Self-Policing," Subsections (1) "No Gravity-Based Penalties," (3) "No Criminal Recommendations," and (4) "No Routine Request for Audits," as provided in the Self-Disclosure Policy.
C. It is the intent of the signatories that: (1) Project XL Disclosures indicating circumstances that may present an imminent and substantial endangerment shall be promptly addressed by Microelectronics; (2) in the event Microelectronics has responded properly, the government participants shall initiate no action to assess civil penalties; however, (3) the Government participants retain their authority to respond to circumstances which may present an imminent and substantial endangerment, including the assessment of civil penalties, where Microelectronics has failed to respond properly and to pursue penalties for violations which have resulted in actual significant harm to health or the environment; and (4) the Government Participants agree that, if and when applicable, public notice shall be provided in the manner prescribed by Section 7003(d) of the Resource Conservation and Recovery Act, 42 U.S.C. 6973.
D. Information regarding Microelectronics which is disclosed or known to any signatory to this Interim Agreement wholly apart from the Project XL Disclosures may be used for any civil, administrative or criminal enforcement purpose; provided, however, that each signatory agrees that, in any such case involving a facility in Project XL, Microelectronics' participation in Project XL shall be considered a relevant factor in determining whether to bring an enforcement action and, if an action is brought, in mitigating penalties sought in such action.
E. Each signatory to this Interim Agreement agrees that it will not use information obtained wholly through Project XL Disclosures as a basis for deciding either to (a) inspect any Microelectronics facility; or (b) seek additional information pursuant to its statutory or regulatory information-gathering authority. F. In accordance with 40 CFR Part 2, Subpart B (1995) and equivalent State laws and regulations, Microelectronics may claim certain Project XL Disclosures as "Confidential Business Information" ("CBI"), subject to the protections of those laws and regulations so long as the information so designated falls within the scope of those laws and regulations. Microelectronics reserves the right to claim certain Project XL Disclosures as CBI within 48 hours of the initial disclosure; provided, however, that Microelectronics understands that CBI protections will not apply to such Project XL Disclosures until a CBI claim is made and that the signatories to this Interim Agreement are under no obligation to protect Project XL disclosures as CBI prior to their claim by Microelectronics as CBI. CBI protections are in addition to those protections set out above in Paragraphs A through E. Microelectronics reserves the right to disclose Project XL disclosures designated as CBI only to the Government Participants.
4. This Interim Agreement shall become effective with regard to each party signing it on the date on which such party executes the Interim Agreement.
5. This Interim Agreement shall terminate upon the effective date of the FPA, or upon the decision of the signatories not to sign an FPA.
6. This Interim Agreement shall be executed in multiple counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
7. This Interim Agreement is executed by individuals duly authorized to do so on behalf of their organizations. Accepted on behalf of the Microelectronics business of Lucent Technologies, Inc.: (signed) Signature President, Microelectronics Lucent Technologies Title February 5, 1996 Date Accepted on behalf of the United States Environmental Protection Agency (signed) Signature Deputy Regional Administrator Title February 12, 1996 Date Accepted on behalf of the Florida Department of Environmental Protection Signature Title Date Accepted on behalf of the Pennsylvania Department of Environmental Protection: Signature Title Date Accepted on behalf of the Texas Natural Resource Conservation Commission: Signature Title Date [Agreement as signed by Texas Natural Resource Conservation Commission]
INTERIM PARTICIPATION AGREEMENT
1. This Interim Participation Agreement is entered into between the Microelectronics business of Lucent Technologies, Inc. (" Microelectronics"), formerly AT&T Microelectronics, including its successors and assigns, and the Texas Natural Resource Conservation Commission (TRNCC).
2. The purpose of this Interim Agreement is to document the intent of the signatories to this Interim Agreement relating to the disclosure, use, sharing and confidentiality of information regarding Microelectronics in the current and on-going development and implementation of Microelectronics' environmental management system (" EMS") pursuant to the International Organization on Standardization's 14001 environmental management systems standard, prior to the execution of the Project XL Final Project Agreement ("FPA").
3. In order to foster the spirit of cooperation and innovation embodied in the Project XL program and to accomplish the goals identified by Microelectronics in its Project XL proposal, including active participation by the TRNCC in the development and implementation of Microelectronics' EMS, Microelectronics will voluntarily disclose to the signatories to this Interim Agreement information relevant to such development and implementation (collectively, "Project XL Disclosures") subject to the following understandings:
A. Project XL Disclosures which indicate a violation of federal or state environmental requirements shall be considered information disclosed pursuant to and consistent with Texas HB2473, Section 10.
B. Provided that the violation disclosed during the course of current and on-going development and implementation of Microelectronics' EMS is expeditiously corrected , the signatories agree that Microelectronics is entitled to administrative, civil and criminal enforcement penalty protections provided under Texas HB2473..
C. It is the intent of the signatories that: (1) Project XL Disclosures indicating circumstances that may present an imminent and substantial endangerment shall be promptly addressed by Microelectronics; (2) in the event Microelectronics has responded properly, the TRNCC shall initiate no action to assess civil penalties; however, (3) the TRNCC retains its authority to respond to circumstances which may present an imminent and substantial endangerment, including the assessment of civil penalties for such endangerment which has resulted in actual harm to human health or the environment where Microelectronics has failed to respond properly.
D. Each signatory to this Interim Agreement agrees that it will not use information obtained wholly through Project XL Disclosures as a basis for deciding either to (a) inspect any Microelectronics facility; or (b) seek additional information pursuant to its statutory or regulatory information-gathering authority, unless the inspection or information is needed for the limited purpose of documenting that a disclosed violation has been properly addressed.
E. In accordance with 40 CFR Part 2, Subpart B (1995) and equivalent State laws and regulations (Texas - Section 552.110 of Texas Public Information Act), Microelectronics may claim certain Project XL Disclosures as "Confidential Business Information" ("CBI") or " Trade Secrets", subject to the protections of those laws and regulations so long as the information so designated falls within the scope of those laws and regulations. Microelectronics reserves the right to claim certain Project XL Disclosures as CBI within 48 hours of the initial disclosure; provided, however, that Microelectronics understands that CBI protections will not apply to such Project XL Disclosures until a CBI claim is made and that the signatories to this Interim Agreement are under no obligation to protect Project XL disclosures as CBI prior to their claim by Microelectronics as CBI. CBI protections are in addition to those protections set out above in Paragraphs A through D.
4. This Interim Agreement shall become effective with regard to each party signing it on the date on which such party executes the Interim Agreement.
5. This Interim Agreement shall terminate upon the effective date of the FPA, or upon the decision of the signatories not to sign an FPA, as evidenced by correspondence between the parties..
6. This Interim Agreement shall be executed in multiple counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
7. This Interim Agreement is executed by individuals duly authorized to do so on behalf of their organizations. Accepted on behalf of the Microelectronics business of Lucent Technologies, Inc.: (signed) Signature President, Microelectronics Lucent Technologies Title February 5, 1996 Date Accepted on behalf of the Texas Natural Resource Conservation Commission: /s/ Signature Executive Director Title March 19, 1996 Date