[Federal Register Volume 84, Number 241 (Monday, December 16, 2019)]
[Notices]
[Pages 68490-68491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26974]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980

    On November 25, 2019, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of Colorado in the lawsuit entitled United States of America v. Pioneer 
Natural Resources Company and Pioneer Natural Resources USA, Inc., 
Civil Action No. 1: 17-CV-00168-WJM-NYM.
    In January 2017, the United States, on behalf of the United States 
Environmental Protection Agency (``EPA'') filed a complaint against 
Pioneer Natural Resources Company and Pioneer Natural Resources USA, 
Inc. (``Settling Defendants'') seeking reimbursement of response costs 
incurred under Section 107(a) of the Comprehensive Environmental 
Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 
9607(a), for response actions at or in connection with the release or 
threatened release of hazardous substances at Operable Unit 1 (``OU1'') 
of the Nelson Tunnel/Commodore Waste Rock Pile Superfund Site 
(``Site''). The United States also sought a declaration of Settling 
Defendants' liability, pursuant to Section 113(g) of CERCLA for all 
future response costs to be incurred by the United States in connection 
with the OU1 Site.
    In September 2017, Pioneer filed a counterclaim against the United 
States alleging that the United States is liable under Sections 107 and 
113 of CERCLA, 42 U.S.C. 9607 and 9613, as both an owner of OU1 at the 
time that hazardous substances were disposed of at OU1 and a current 
owner of OU1. Settling Defendants in their counterclaims sought a 
judgment against the United States for the United States' equitable 
share of costs incurred and that may, in the future, be incurred as a 
result of the release or threatened release of hazardous substances at 
the OU1 Site.
    The proposed Consent Decree requires Settling Defendants to pay 
$5,775,000 for past and future response costs incurred by the United 
States in connection with the Site. The proposed Consent Decree also 
requires Settling Federal Agencies, the United States, on behalf of the 
United States Department of Interior and the United States Department 
of Agriculture, on behalf of the United States Forest Service 
(``USFS''), to pay EPA $425,000 for past and future response costs 
incurred in connection with OU1 at the Site. Future response costs 
associated with the OU2 remedial action will be resolved through a 
memorandum of understanding or interagency agreement between the USFS 
and EPA. The proposed consent decree will resolve all CERCLA claims 
alleged in this action by the United States against Settling Defendants 
and any potential liability within the meaning of Sections 107 and 113 
of CERCLA, 42 U.S.C. 9607 9613(f)(2), for Settling Federal Agencies.
    The publication of this notice opens a period for public comment on 
the proposed Consent Decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States v. Pioneer Natural Resources Company 
and Pioneer Natural Resources USA, Inc., D.J. Ref. No. 90-11-3-10841/1. 
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].

[[Page 68491]]

 
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 Consent Decree may be 
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the Consent Decree 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 $9.25 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy without the exhibits and signature pages, the cost is $6.50.

Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2019-26974 Filed 12-13-19; 8:45 am]
 BILLING CODE P