[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Notices]
[Pages 54606-54607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22209]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2019-0575; FRL-10001-08-OGC]


Notice of Disclosure Under a Protective Order, In re: Gold King 
Mine Release, Case No. l:18-md-02824-WJ (D.N.M.)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is providing notice 
of disclosure of potential confidential business information (CBI) in 
litigation. In accordance with 40 CFR 2.209(d), this notice is being 
provided to inform affected businesses that, via the U.S. Department of 
Justice, EPA may disclose confidential business information or 
information claimed to be confidential business information 
(collectively referred to as ``CBI'') to the parties and the court in 
In re: Gold King Mine Release that occurred on August 5, 2015, in San 
Juan County, Colorado, Case No. l:18-md-02824 (D.N.M.), to the extent 
required to comply with the discovery obligations of the United States 
in the litigation.

FOR FURTHER INFORMATION CONTACT: Elizabeth G. Berg, Office of General 
Counsel, Solid Waste and Emergency Response Law Office (2366A), 
Environmental Protection Agency, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460; (202) 564-0905; [email protected].

SUPPLEMENTARY INFORMATION:

Additional Information About Notice of Disclosure Under Court Order

    The court in this matter has entered a Protective Order Regarding 
Confidential Information (entered Dec. 7, 2018, as amended Sept. 30, 
2019), under which the parties are required to follow specified 
procedures in the parties production of documents containing ``a trade 
secret or other confidential research, development, or commercial 
information as such terms are used in Federal Rule of Civil Procedure 
26(c)(I)(G).'' This type of information includes CBI as described in 40 
CFR part 2, subpart B.
    Examples of information in EPA's possession that may contain CBI 
covered by the Protective Order and this Notice are:
    (1) Documents received from businesses under contract with EPA to 
perform work in connection with the Gold King Mine release that 
occurred on August 5, 2015 (the Release), including the contractors 
listed below and any subcontractor or temporary firm that performed 
work in connection with the Release:

a. Environmental Restoration, LLC
b. Harrison Western Construction Corporation
c. Harrison Western Corporation
d. Weston Solutions, Inc.

    (2) Documents obtained from Potentially Responsible Parties (PRPs) 
associated with the Release.
    (3) Documents created by EPA that contain CBI associated with a 
contractor, PRP, or other business.
    The Protective Order requires that the producing party designate 
and label any

[[Page 54607]]

documents containing CBI, and bars public disclosure of any designated 
CBI by any party to the action except in accordance with the order. 
With limited exceptions, parties must destroy or return CBI received in 
discovery within 90 days of the end of the litigation.

    Dated: October 2, 2019.
John Michaud,
Associate General Counsel.
[FR Doc. 2019-22209 Filed 10-9-19; 8:45 am]
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