[Federal Register Volume 86, Number 79 (Tuesday, April 27, 2021)]
[Notices]
[Page 22266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08685]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Bankruptcy Settlement Agreement 
Resolving Cost Recovery and Natural Resources Damages Claims Under 
CERCLA

    On April 13, 2021, the Department of Justice and the Bankruptcy 
Trustee lodged a proposed Settlement Agreement (Settlement Agreement) 
with the United States Bankruptcy Court for the Western District of 
Washington, in the matter entitled In re TOC Holdings Co., Case No. 17-
11872-CMA.
    The proposed Settlement Agreement will resolve claims against 
Debtor TOC Holdings Co. (TOC) in connection with TOC's liability under 
the Comprehensive Environmental Response, Compensation, and Liability 
Act, 42 U.S.C. 9601 et seq. (CERCLA), for releases and threatened 
releases of hazardous substances at the Portland Harbor Superfund Site 
in Portland, Oregon (the Site). These claims are further described in a 
Proof of Claim filed on behalf of the United States Environmental 
Protection Agency (EPA) for recovery of response costs incurred, and on 
behalf of the Department of the Interior (DOI) and the National Oceanic 
and Atmospheric Administration (NOAA) (DOI and NOAA, jointly, the 
Federal Natural Resources Trustees) for damages to natural resources, 
at the Site.
    Under the proposed Settlement Agreement TOC Holdings Co., by its 
Chapter 7 bankruptcy trustee, will allow, as general unsecured claims, 
EPA's claim for CERCLA cost recovery in the amount of $19,256,160 (the 
EPA allowed claim) and the Federal Natural Resources Trustees' CERCLA 
claim for natural resources damages in the amount of $12,465,559 (the 
NRD allowed claim).
    The publication of this notice opens a period for public comment on 
the proposed Settlement Agreement. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to In re TOC Holdings Co., D.J. Ref. No. 90-11-3-
11829. 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: https://www.justice.gov/enrd/consent-decrees. 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 $3.00 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2021-08685 Filed 4-26-21; 8:45 am]
BILLING CODE 4410-15-P