[Federal Register Volume 84, Number 139 (Friday, July 19, 2019)]
[Notices]
[Page 34947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15385]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Settlement Agreement Resolving
Proofs of Claim Under the Comprehensive Environmental Response,
Compensation, and Liability Act and Other Proofs of Claim
On July 15, 2019, the Department of Justice lodged a proposed
Settlement Agreement with the United States Bankruptcy Court for the
Southern District of New York in the bankruptcy proceeding entitled In
re Magnesium Corporation of America, et al., No. 01-14312 (MKV).
Under the Settlement Agreement, the trustee for the estates of
debtors Magnesium Corporation of America and Renco Metals, Inc. has
agreed to allow: (1) The United States Environmental Protection
Agency's (``EPA'') proof of claim under the Comprehensive Environmental
Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9601-
75, for unreimbursed past and future response costs in connection with
US Magnesium Superfund Site (the ``Site'') in Rowley, Utah, in the
amount of $74,557,634.00; (2) the United States Department of the
Interior's (``DOI'') proof of claim under CERCLA for unreimbursed past
and future response costs in connection with the Site in the amount of
$1,351,822.00; (3) DOI's proof of claim for damages under CERCLA for
injuries to natural resources at and around the Site in the amount of
$965,818.00; and (4) DOI's proof of claim for amounts due for unpaid
rent and reclamation of land owned by the United States that MagCorp
used in connection with its operations and for minerals mined from
United States land without authorization in the amount of $5,156,544.
The United States will receive a distribution of at least $22,886,117
on EPA's allowed claim, which will be used in connection with
remediation of environmental contamination the Site. Additionally, a
distribution of $5,866,825 on the claims of other settling parties, US
Magnesium, LLC (the current operator of the magnesium production
facility at the Site), and its parent entities, will be placed into an
escrow account and used exclusively for environmental remediation at
the Site. The United States will also receive a distribution of at
least $5,773,485 in the aggregate on DOI's allowed claims.
The publication of this notice opens a period for public comment on
the Settlement Agreement. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
should refer to In re Magnesium Corporation of America, Bankr. Case No.
01-14312 (MKV), D.J. Ref. No. 90-7-1-06980/1. All comments must be
submitted no later than thirty (30) days after the publication date of
this notice. Comments may be submitted either by email or by mail:
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To submit comments: Send them to:
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By email............................ [email protected].
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
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During the public comment period the Settlement Agreement may be
examined and downloaded at this Justice Department website: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy
of the Settlement Agreement upon written request and payment of
reproduction costs. Please mail your request and payment to: Consent
Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-
7611.
Please enclose a check or money order for $13.25 (25 cents per page
reproduction cost) payable to the United States Treasury.
Jeffrey Sands,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2019-15385 Filed 7-18-19; 8:45 am]
BILLING CODE 4410-15-P