Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 57251-57252 [2020-20333]
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jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 85, No. 179 / Tuesday, September 15, 2020 / Notices
filings. In addition, parties to the
investigation, interested government
agencies, and any other interested
parties are encouraged to file written
submissions on the issues of remedy,
the public interest, and bonding. Such
initial submissions should include
views on the recommended
determination by the ALJ on the issues
of remedy and bonding.
The parties’ written submissions and
proposed remedial orders must be filed
no later than the close of business on
September 23, 2020. Reply submissions
must be filed no later than the close of
business on September 30, 2020.
Opening submissions are limited to 30
pages. Reply submissions are limited to
25 pages. Third-party submissions
should be filed no later than the close
of business on September 30, 2020, and
may not include 10 pages, not including
any attachments. No further
submissions on any of these issues will
be permitted unless otherwise ordered
by the Commission.
Persons filing written submissions
must file the original document
electronically on or before the deadlines
stated above. The Commission’s paper
filing requirements in 19 CFR 210.4(f)
are currently waived. 85 FR 15798 (Mar.
19, 2020). Submissions should refer to
the investigation number (‘‘Inv. No.
337–TA–1118’’) in a prominent place on
the cover page and/or first page. (See
Handbook for Electronic Filing
Procedures, https://www.usitc.gov/
documents/handbook_on_filing_
procedures.pdf.). Persons with
questions regarding filing should
contact the Secretary (202–205–2000).
Any person desiring to submit a
document to the Commission in
confidence must request confidential
treatment. All such requests should be
directed to the Secretary to the
Commission and must include a full
statement of the reasons why the
Commission should grant such
treatment. See 19 CFR 201.6. Documents
for which confidential treatment by the
Commission is properly sought will be
treated accordingly. All information,
including confidential business
information and documents for which
confidential treatment is properly
sought, submitted to the Commission for
purposes of this Investigation may be
disclosed to and used: (i) By the
Commission, its employees and Offices,
and contract personnel (a) for
developing or maintaining the records
of this or a related proceeding, or (b) in
internal investigations, audits, reviews,
and evaluations relating to the
programs, personnel, and operations of
the Commission including under 5
U.S.C. Appendix 3; or (ii) by U.S.
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government employees and contract
personnel, solely for cybersecurity
purposes. All contract personnel will
sign appropriate nondisclosure
agreements. All non-confidential
written submissions will be available for
public inspection at the Office of the
Secretary and on EDIS.
The authority for the Commission’s
determination is contained in Section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
The Commission voted to approve
these determinations on September 9,
2020.
By order of the Commission.
Issued: September 9, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020–20279 Filed 9–14–20; 8:45 am]
BILLING CODE 7020–02–P
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
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57251
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
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57252
Federal Register / Vol. 85, No. 179 / Tuesday, September 15, 2020 / Notices
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:
To submit comments:
Send them to:
By email ....................
pubcommentees.enrd@
usdoj.gov.
Assistant Attorney
General, U.S.
DOJ—ENRD, P.O.
Box 7611, Washington, DC 20044–
7611.
By mail ......................
jbell on DSKJLSW7X2PROD with NOTICES
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
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DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request;
Overpayment Detection and Recovery
Activities
Notice of availability; request
for comments.
ACTION:
The Department of Labor
(DOL) is submitting this Employment
and Training Administration (ETA)sponsored information collection
request (ICR) to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995
(PRA). Public comments on the ICR are
invited.
DATES: The OMB will consider all
written comments that agency receives
on or before October 15, 2020.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
Comments are invited on: (1) Whether
the collection of information is
necessary for the proper performance of
the functions of the Department,
including whether the information will
have practical utility; (2) if the
information will be processed and used
in a timely manner; (3) the accuracy of
the agency’s estimates of the burden and
cost of the collection of information,
including the validity of the
methodology and assumptions used; (4)
ways to enhance the quality, utility and
clarity of the information collection; and
(5) ways to minimize the burden of the
collection of information on those who
are to respond, including the use of
automated collection techniques or
other forms of information technology.
FOR FURTHER INFORMATION CONTACT:
Crystal Rennie by telephone at 202–
693–0456, or by email at DOL_PRA_
PUBLIC@dol.gov.
SUPPLEMENTARY INFORMATION: Form
ETA–227 is a quarterly data collection
concerned with identifying fraud. Data
cells describe fraud identified through
tools (State and National Directories of
New Hires) and break out fraud cases in
the Federal-State Extended Benefits
program. For additional substantive
information about this ICR, see the
related notice published in the Federal
SUMMARY:
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
Register on February 5, 2020 (85 FR
6579).
This information collection is subject
to the PRA. A Federal agency generally
cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection, unless the OMB
approves it and displays a currently
valid OMB Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information that does not
display a valid OMB Control Number.
See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this
information collection for three (3)
years. OMB authorization for an ICR
cannot be for more than three (3) years
without renewal. The DOL notes that
information collection requirements
submitted to the OMB for existing ICRs
receive a month-to-month extension
while they undergo review.
Agency: DOL–ETA.
Title of Collection: Overpayment
Detection and Recovery Activities.
OMB Control Number: 1205–0187.
Affected Public: State, Local, and
Tribal Governments.
Total Estimated Number of
Respondents: 53.
Total Estimated Number of
Responses: 212.
Total Estimated Annual Time Burden:
2,968 hours.
Total Estimated Annual Other Costs
Burden: $0.
Authority: 44 U.S.C. 3507(a)(1)(D).
Crystal Rennie,
Acting, Departmental Clearance Officer.
[FR Doc. 2020–20303 Filed 9–14–20; 8:45 am]
BILLING CODE 4510–FW–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2018–0005]
Whistleblower Stakeholder Meeting
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice of public meeting.
AGENCY:
The Occupational Safety and
Health Administration (OSHA) is
announcing a public meeting to solicit
comments and suggestions from
stakeholders on issues facing the agency
in the administration of the
whistleblower laws it enforces.
DATES: The public meeting will be held
on October 13, 2020, from 1:00 p.m. to
4:00 p.m., ET via telephone. Persons
SUMMARY:
E:\FR\FM\15SEN1.SGM
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]]>Agencies
[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:
------------------------------------------------------------------------
To submit comments: Send them to:
------------------------------------------------------------------------
By email.................................. [email protected].
By mail................................... Assistant Attorney General,
U.S. DOJ--ENRD, P.O. Box
7611, Washington, DC 20044-
7611.
------------------------------------------------------------------------
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
