Notice of Lodging of Proposed Bankruptcy Settlement Agreement Resolving Environmental Protection Agency Claims Under the Comprehensive Environmental Response, Compensation and Liability Act, 62765-62766 [2020-21974]

Download as PDF Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Notices Consent Decree may be examined electronically at https://www.justice.gov/ enrd/consent-decrees. Cherie Rogers, Assistant Section Chief, Environmental Defense Section, Environment and Natural Resources Division. To submit comments: Send them to: By email ....... pubcomment-ees.enrd@ usdoj.gov Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, D.C. 20044–7611 By mail ......... [FR Doc. 2020–21895 Filed 10–2–20; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE jbell on DSKJLSW7X2PROD with NOTICES Notice of Lodging of Proposed Consent Decree Under The Clean Water Act On September, 29, 2020, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Eastern District of Louisiana in the lawsuit entitled United States of America v. Churchill Downs Louisiana Horseracing Company, LLC d/ b/a Fair Grounds Race Course and Slots Civil Action No. 2:20-cv-02637. In this action, the United States, on behalf of the U.S. Environmental Protection Agency, filed a Complaint and proposed Consent Decree pertaining to Clean Water Act violations at the Defendant’s horse racing facility in New Orleans, Louisiana. In the Complaint, the United States alleged that the Defendant discharged process wastewater from its horse-racing and stabling facility, a concentrated animal feeding operation, into the New Orleans municipal separate storm sewer system and other receiving waters in violation of the terms and conditions of the National Pollutant Discharge Elimination System permit issued to the Defendant under Section 402 of the Act, 33 U.S.C. 1342. Under the proposed settlement, the Defendant will pay $2,790,000.00 in civil penalties and perform injunctive relief to bring its facility into compliance with applicable federal laws and regulations to prevent future unauthorized discharges to area waterways. 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 of America v. Churchill Downs Louisiana Horseracing Company, LLC d/b/a Fair Grounds Race Course and Slots, D.J. Ref. No. 90–5–1– 1–11342. 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: VerDate Sep<11>2014 23:42 Oct 02, 2020 Jkt 253001 During the public comment period, the proposed 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 proposed 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 $21.50 (25 cents per page reproduction cost) payable to the United States Treasury. Kenneth Long, Acting Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2020–21878 Filed 10–2–20; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Bankruptcy Settlement Agreement Resolving Environmental Protection Agency Claims Under the Comprehensive Environmental Response, Compensation and Liability Act On September 29, 2020, the Department of Justice lodged a proposed Settlement Agreement with the United States Bankruptcy Court for the Western District of New York (the ‘‘Bankruptcy Court’’) in the matter of In re: Tonawanda Coke Corporation, Case No. 18–12156, among the United States on behalf of the Environmental Protection Agency (‘‘EPA’’), Debtor Tonawanda Coke Corporation, the Official Committee of Unsecured Creditors, and the New York State Department of Labor (‘‘New York DOL’’). The proposed Settlement Agreement resolves the proof of claim filed by the United States on behalf of EPA, asserting a general unsecured claim for (a) $2,002,200 in stipulated penalties under a consent decree between the United States and Debtor in United States et al. v. Tonawanda Coke Corp., 1:15–cv–00420 (W.D.N.Y.), and (b) $11,826.14 in response costs incurred prior to the October 15, 2019, bankruptcy petition date under the PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 62765 Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9601–9675, performing the initial stages of a time-critical removal action to address the release and threatened release of hazardous substances at the Debtor’s coke manufacturing facility in Tonawanda, New York (‘‘TCC Site’’). The proposed Settlement Agreement also resolves the United States’ Motion for Allowance of Administrative Expense Claim, Doc. No. 282, which was amended, Doc. No. 422, asserting an administrative claim in the amount of $5,531,521.10, under Section 503(b)(1) of the Bankruptcy Code, 11 U.S.C. 503(b)(1), relating to response costs incurred after the Petition Date addressing releases and threatened releases of hazardous substances at the TCC Site. The proposed Settlement Agreement provides the United States an allowed administrative expense claim in the amount of $930,000 plus 83.7% of certain additional funds in the estate. In addition, the proposed Settlement Agreement provides the United States an allowed general unsecured claim of $11,826.14 with respect to pre-petition response costs and $2,002,200 with respect to stipulated penalties. The proposed Settlement Agreement also provides certain recovery rights for New York DOL based on its claims under the New York State Worker Adjustment and Retraining Notification Act, New York Labor Law §§ 860–860– I and certain recovery rights for general unsecured creditors based on general unsecured claims filed in the bankruptcy. The Department of Justice will receive, for a period of thirty (30) days from the date of this publication, comments on the proposed resolution of the United States’ claims set forth in the Settlement Agreement. Comments should be addressed to the Assistant Attorney General for the Environmental and Natural Resources Division, and should refer to In re: Tonawanda Coke Corporation, DOJ Ref. # 90–5–2–1– 09994/1. All comments must be submitted no later than thirty 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 ....... pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ......... E:\FR\FM\05OCN1.SGM 05OCN1 62766 Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Notices 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 $5.25 (25 cents per page reproduction cost) payable to the United States Treasury. Henry Friedman, Assistant Chief, Environmental Enforcement Section, Environment & Natural Resources Division. The publication of this notice opens a period for public comment on the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States and the State of Colorado v. TCI Pacific Communications, LLC, D.J. Ref. No. 90–11–3–1044/7. 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 ....... pubcomment-ees.enrd@ usdoj.gov Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611 By mail ......... [FR Doc. 2020–21974 Filed 10–2–20; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE jbell on DSKJLSW7X2PROD with NOTICES Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act On September 29, 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 and the State of Colorado v. TCI Pacific Communications, LLC, Civil Action No. 1:20–cv–02939–KLM. The proposed Consent Decree would resolve claims the United States and State of Colorado have brought pursuant to Sections 106, 107(a) and 113(g)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (‘‘CERCLA’’), 42 U.S.C. 9606, 9607(a) and 9613(g)(2), against TCI Pacific Communications, LLC (‘‘TCI’’) related to Operable Unit 1 (‘‘OU1’’) of the Eagle Mine Superfund Site (‘‘Site’’) located approximately five miles south of Minturn, Colorado. The Consent Decree requires TCI to meet water treatment standards for arsenic and other metals at the Site’s water treatment plant, collect and treat contaminated groundwater from defined areas, obtain institutional controls to restrict activities that would interfere with the remedy, conduct defined operation and maintenance activities, and pay future EPA response costs. The Consent Decree provides TCI and certain related persons covenants not to sue relating to the OU1 under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607. VerDate Sep<11>2014 23:42 Oct 02, 2020 Jkt 253001 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 $27.25 (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 $10.75. Jeffrey Sands, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. • Wyoming’s 13-week insured unemployment rate (IUR) for the week ending August 15, 2020, was 4.99 percent, falling below the 5.00 percent threshold necessary to remain ‘‘on’’ EB. • However, Wyoming’s mandatory 13-week ‘‘on’’ period does not expire until September 19, 2020. Therefore, the EB period for Wyoming will end on September 19, 2020. The state will remain in an ‘‘off’’ period for a minimum of 13 weeks. Information for Claimants The duration of benefits payable in the EB Program, and the terms and conditions on which they are payable, are governed by the Federal-State Extended Unemployment Compensation Act of 1970, as amended, and the operating instructions issued to the states by the U.S. Department of Labor. In the case of a state ending an EB period, the State Workforce Agency will furnish a written notice to each individual who is currently filing claims for EB of the forthcoming termination of the EB period and its effect on the individual’s right to EB (20 CFR 615.13(c)). FOR FURTHER INFORMATION CONTACT: U.S. Department of Labor, Employment and Training Administration, Office of Unemployment Insurance, Room S– 4524, Attn: Thomas Stengle, 200 Constitution Avenue NW, Washington, DC 20210, telephone number (202) 693– 2991 (this is not a toll-free number) or by email: Stengle.Thomas@dol.gov. Signed in Washington, DC. John Pallasch, Assistant Secretary for Employment and Training. [FR Doc. 2020–21908 Filed 10–2–20; 8:45 am] BILLING CODE 4510–FW–P [FR Doc. 2020–21967 Filed 10–2–20; 8:45 am] BILLING CODE 4410–15–P MILLENNIUM CHALLENGE CORPORATION DEPARTMENT OF LABOR [MCC FR 20–09] Employment and Training Administration Report on the Criteria and Methodology for Determining the Eligibility of Candidate Countries for Millennium Challenge Account Assistance for Fiscal Year 2021 Notice of a Change in Status of an Extended Benefit (EB) Program for Wyoming Employment and Training Administration, Labor. ACTION: Notice. AGENCY: This notice announces a change in benefit period eligibility under the EB program for Wyoming. The following change has occurred since the publication of the last notice regarding the State’s EB status: PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 Millennium Challenge Corporation. ACTION: Notice. AGENCY: This report to Congress is provided in accordance with the Millennium Challenge Act of 2003. The Millennium Challenge Act of 2003 requires the Millennium Challenge Corporation to publish a report that identifies the criteria and methodology SUMMARY: E:\FR\FM\05OCN1.SGM 05OCN1

Agencies

[Federal Register Volume 85, Number 193 (Monday, October 5, 2020)]
[Notices]
[Pages 62765-62766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21974]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Bankruptcy Settlement Agreement 
Resolving Environmental Protection Agency Claims Under the 
Comprehensive Environmental Response, Compensation and Liability Act

    On September 29, 2020, the Department of Justice lodged a proposed 
Settlement Agreement with the United States Bankruptcy Court for the 
Western District of New York (the ``Bankruptcy Court'') in the matter 
of In re: Tonawanda Coke Corporation, Case No. 18-12156, among the 
United States on behalf of the Environmental Protection Agency 
(``EPA''), Debtor Tonawanda Coke Corporation, the Official Committee of 
Unsecured Creditors, and the New York State Department of Labor (``New 
York DOL'').
    The proposed Settlement Agreement resolves the proof of claim filed 
by the United States on behalf of EPA, asserting a general unsecured 
claim for (a) $2,002,200 in stipulated penalties under a consent decree 
between the United States and Debtor in United States et al. v. 
Tonawanda Coke Corp., 1:15-cv-00420 (W.D.N.Y.), and (b) $11,826.14 in 
response costs incurred prior to the October 15, 2019, bankruptcy 
petition date under the Comprehensive Environmental Response, 
Compensation, and Liability Act, 42 U.S.C. 9601-9675, performing the 
initial stages of a time-critical removal action to address the release 
and threatened release of hazardous substances at the Debtor's coke 
manufacturing facility in Tonawanda, New York (``TCC Site'').
    The proposed Settlement Agreement also resolves the United States' 
Motion for Allowance of Administrative Expense Claim, Doc. No. 282, 
which was amended, Doc. No. 422, asserting an administrative claim in 
the amount of $5,531,521.10, under Section 503(b)(1) of the Bankruptcy 
Code, 11 U.S.C. 503(b)(1), relating to response costs incurred after 
the Petition Date addressing releases and threatened releases of 
hazardous substances at the TCC Site.
    The proposed Settlement Agreement provides the United States an 
allowed administrative expense claim in the amount of $930,000 plus 
83.7% of certain additional funds in the estate. In addition, the 
proposed Settlement Agreement provides the United States an allowed 
general unsecured claim of $11,826.14 with respect to pre-petition 
response costs and $2,002,200 with respect to stipulated penalties.
    The proposed Settlement Agreement also provides certain recovery 
rights for New York DOL based on its claims under the New York State 
Worker Adjustment and Retraining Notification Act, New York Labor Law 
Sec. Sec.  860-860-I and certain recovery rights for general unsecured 
creditors based on general unsecured claims filed in the bankruptcy.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments on the proposed 
resolution of the United States' claims set forth in the Settlement 
Agreement. Comments should be addressed to the Assistant Attorney 
General for the Environmental and Natural Resources Division, and 
should refer to In re: Tonawanda Coke Corporation, DOJ Ref. # 90-5-2-1-
09994/1. All comments must be submitted no later than thirty 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.
------------------------------------------------------------------------


[[Page 62766]]

    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 $5.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Henry Friedman,
Assistant Chief, Environmental Enforcement Section, Environment & 
Natural Resources Division.
[FR Doc. 2020-21974 Filed 10-2-20; 8:45 am]
BILLING CODE 4410-15-P
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