[Federal Register Volume 85, Number 179 (Tuesday, September 15, 2020)]
[Notices]
[Pages 57251-57252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20333]
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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 September 9, 2020, 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.
The lawsuit was commenced in January 2017, when 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. A remedial action
at Operable Unit 2 (``OU2'') of the Site is also ongoing. The filed
Complaint was for OU1 response costs only.
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 will resolve all CERCLA claims and
counterclaims alleged in this action. In addition, the proposed Consent
Decree will resolve CERCLA claims relating to OU2, as detailed below.
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 OU1 and OU2 at the Site. In return, the
United States provides a covenant not to sue and contribution
protection to Settling Defendants for past and future response costs in
connection with the Site as a whole, which includes OU1 and OU2. These
covenants extend only to Settling Defendants and are conditioned upon
the satisfactory performance by Settling Defendants of their
obligations under the proposed Consent Decree.
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 and past response costs incurred in connection with OU2 at the
Site. Future response costs to be incurred by EPA and the USFS in
connection with the CERCLA response action(s) at OU2 will be resolved
through a memorandum of understanding or interagency agreement between
the USFS and EPA. In return for the payment from Settling Federal
Agencies, EPA provides a covenant to not take administrative action
against Settling Federal Agencies to recover past and future response
costs in connection with OU1 at the Site and past response costs in
connection with OU2 at the Site. These covenants only extend to
Settling Federal Agencies and are also conditioned upon the
satisfactory performance by Settling
[[Page 57252]]
Federal Agencies of their obligations under the proposed Consent
Decree.
Under the terms of the proposed Consent Decree, Settling Defendants
further covenant not to sue and agree not to assert any claims or
causes of action against the United States for past and future response
costs incurred in connection with the Site. Settling Federal Agencies
also agree not to assert any direct or indirect claim for reimbursement
from the EPA Hazardous Substance Superfund with respect to past and
future response costs incurred in connection with OU1 at the Site and
past response costs incurred in connection with OU2 at the Site.
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].
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. 2020-20333 Filed 9-14-20; 8:45 am]
BILLING CODE 4410-15-P