Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 57251-57252 [2020-20333]

Download as PDF 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. VerDate Sep<11>2014 16:57 Sep 14, 2020 Jkt 250001 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 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 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 E:\FR\FM\15SEN1.SGM 15SEN1 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 VerDate Sep<11>2014 16:57 Sep 14, 2020 Jkt 250001 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 15SEN1

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