Question 1

What steps will be taken to remediate mercury in the Penobscot River Estuary?

Accepted Answer

The Consent Decree calls for several remedies: removal of contaminated sediments, capping of contaminated sediments with clean material, and environmentally beneficial projects. Fish, birds, surface water, sediment, and organisms that live in sediment will be monitored for 30 to 45 years to evaluate the effectiveness of the remedies and their impact on recovery of the Penobscot River Estuary over time. The remedies focus on targeted areas of the Estuary, including: Orrington Reach, Orland River, and the East Channel.

Question 2

Why were these specific remedies chosen?

Accepted Answer

The remedies described in the Consent Decree are informed by the findings and recommendations of the independent scientists and engineering firm appointed by the Court. Based on those recommendations, the Parties to the lawsuit agreed on remedies that are reasonably expected to accelerate recovery of the Penobscot River Estuary. The remedies were chosen because they have the greatest potential to improve conditions in the River and be cost-effective, while also minimizing potential risks and disruptions to the use and enjoyment of the River, and to its ecosystems and communities.

Question 3

Will these remedies remove mercury from the Penobscot River Estuary?

Accepted Answer

At least $70 million will fund targeted dredging of contaminated sediments in the Estuary, focused on areas that are thought to be the most significant sources of contamination in the Estuary. Due to the extent of mercury in the sediments and the complex characteristics of the River (including currents, tides, and background mercury levels), it is not feasible to remove all mercury from the River. However, dredging locations will be selected to maximize beneficial impact, and the combined remedies will be designed to reduce the effects of mercury contamination and accelerate recovery of the Estuary. See the Settlement Details (https://www.penobscotriverremediation.com/settlementdetails)for a description of the other remedies called for under the Consent Decree.

Question 4

Who is responsible for managing the funds and directing the remediation work and the beneficial environmental projects?

Accepted Answer

As required by the Consent Decree, Mallinckrodt created and funded the Penobscot Estuary Mercury Remediation Trust (Remediation Trust) and the Penobscot Estuary Beneficial Environmental Projects Trust (Project Trust). The Remediation Trust holds and manages the cleanup funds and directs remediation of the River. The Project Trust holds and manages funds set aside for beneficial environmental projects and will select and oversee projects. An independent trustee was selected by Mallinckrodt, Maine People’s Alliance, and the Natural Resources Defense Council -- and appointed by the Court -- to direct, operate, and administer the two trusts.

Question 5

Who is the Trustee? Who will carry out the work?

Accepted Answer

Maine's People Alliance, Natural Resources Defense Council, and Mallinckrodt selected – and the Court appointed – Greenfield Environmental Trust Group, Inc. (Greenfield), to serve as Trustee of the Remediation Trust and Trustee of the Project Trust. Greenfield formed two companies—Greenfield Penobscot Estuary Remediation Trust LLC and Greenfield Penobscot Estuary Project Trust LLC—and the Court approved the appointment of each company to serve as Trustee in its Order approving the Consent Decree.

The Trustees will operate independently, manage the trust funds, and direct the work, adhering to the highest professional engineering and scientific standards. The Remediation Trustee has begun hiring qualified engineers, scientists, and contractors to plan and implement investigations and remediation work. Both Trustees are committed to retaining Maine-based service providers and to hiring local businesses, contractors, and vendors wherever possible.

Greenfield has more than 30 years of experience managing complex environmental remediation trusts and cleanups as a court-appointed environmental response trustee. Additional information about Greenfield is available at https://greenfieldenvironmental.com.(https://greenfieldenvironmental.com/)

Question 6

Where will the dredging take place?

Accepted Answer

Although specific dredging locations have not been selected, the Remediation Trust’s goal is to remove contaminated sediment from locations where it will provide the maximum environmental benefit to the Penobscot River Estuary while minimizing potential risks. The Remediation Trust will hire qualified personnel and ensure appropriate safety and mitigation controls are in place to minimize disruptions to the enjoyment and use of the River. All remediation work, including dredging, will require local, state, and federal permits that will create opportunities for public participation and comment.

Question 7

Where will the material be disposed? Will any dredged materials be dumped in Penobscot Bay?

Accepted Answer

All materials removed from the Penobscot River Estuary will be protectively managed on land. The goal is to beneficially reuse as much dredged material as possible. This means that the material will be reused in upland infrastructure and construction projects, to the extent feasible. Any material that does not qualify for beneficial reuse will be safely transported to one or more approved landfills to prevent exposure to the contaminated material. Dredged materials will not be deposited in Penobscot Bay.

Question 8

Why can’t you do additional capping instead of the planned dredging?

Accepted Answer

Dredging will take place in locations where contaminated sediment and wood waste are naturally mobilized and transported around the Penobscot River Estuary by tides and currents. Although the specific locations have not yet been selected, currents, sediment characteristics, and water depths that mobilize the sediment also make implementation of capping difficult or impossible in these areas. All remediation work, including removal of sediments, will be subject to local, state, and federal permitting requirements, and will provide opportunities for public participation and comment, as required by statues and regulations.

Question 9

Where will the capping take place?

Accepted Answer

The Consent Decree calls for capping intertidal sediments in Orrington Reach, primarily in the coves on the east bank of the River downstream of Orrington. Specific areas to be capped have not yet been determined.

Question 10

What beneficial environmental projects will take place? How will projects be selected?

Accepted Answer

Beneficial environmental projects have not yet been selected or funded. Visit the Project Trust page (https://www.penobscotriverremediation.com/project-trust)to learn about the beneficial environmental projects (BEP) proposal review, selection and funding process.

Question 11

How many years will the remediation process last?

Accepted Answer

The Remediation Trust has begun developing design and permitting plans for remediation of the Penobscot River Estuary. The schedule for implementation of the work, which is currently being developed, will depend on regulatory approvals and permits, weather and other conditions on the River, and optimal sequencing of construction (likely to be implemented in different areas of the Estuary at different times). The Remediation Trust’s goal is to maximize the remediation benefits from performance of the work. Additionally, there is at least $10 million for long-term monitoring of the Estuary for at least 30 years to help ensure the cleanup is effective and enduring.

Question 12

What will the long-term monitoring include?

Accepted Answer

The Remediation Trust will oversee monitoring of fish, birds, surface water, sediment, and organisms that live in sediment at three-year intervals for 30 to 45 years. The goal of the monitoring program is to gather consistent, representative data to demonstrate recovery of the ecosystem over time.

Question 13

If the monitoring shows that mercury concentrations in lobsters and/or crabs are decreasing, will the fishery closure be lifted?

Accepted Answer

Monitoring data will be shared with the relevant state agencies, including the Maine Department of Marine Resources—the agency that will decide whether to modify the fishery closure. The Remediation Trust and the Court do not have the authority to make that regulatory decision.

Question 14

What role will towns along the Penobscot River Estuary have in evaluating or approving remediation work?

Accepted Answer

The Remediation Trust intends to share information about its plans and work with local communities and other stakeholders. Additionally, local communities and other stakeholders will have multiple opportunities to participate in the public comment and permitting processes required by local, state, and federal laws and regulations. Some remediation activities may require land use, zoning, or other approvals or permits from local towns. The Remediation Trust welcomes input from communities to maximize the benefits to local communities and minimize any disturbances to recreational, commercial, and other uses of the River.

Question 15

How does the Remediation Trust’s work relate to cleanup of the HoltraChem Site?

Accepted Answer

Cleanup of the mercury contamination in the Penobscot River Estuary is separate from the cleanup at the HoltraChem Site. The latter, which is focused on the former plant in Orrington, was ordered by and is being overseen by the Maine Department of Environmental Protection (DEP). Under DEP’s supervision, Mallinckrodt is performing cleanup activities at the former HoltraChem facility, which include removal of contaminated sediment from the Southern Cove, immediately adjacent to the plant property.

The Remediation Trust will be capping areas downstream of the HoltraChem site that have elevated mercury concentrations.

Question 16

Didn’t Mallinckrodt recently go into bankruptcy due to opioid settlements? How will Mallinckrodt pay for this if it is bankrupt?

Accepted Answer

Despite having similar names, the company involved in the Consent Decree, Mallinckrodt US LLC, is completely separate from Mallinckrodt Pharmaceuticals, which has been involved in bankruptcy proceedings. Mallinckrodt Pharmaceuticals’ reorganization plan was approved by the bankruptcy court and became effective in June 2022. Mallinckrodt US LLC is not part of those bankruptcy proceedings and is not bankrupt. Mallinckrodt US LLC is a subsidiary of United States Surgical Corporation, and an affiliate of Medtronic plc, the ultimate parent company of both entities.

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