[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