[Federal Register Volume 84, Number 241 (Monday, December 16, 2019)]
[Notices]
[Pages 68490-68491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26974]
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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 November 25, 2019, 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.
In January 2017, 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.
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 requires Settling Defendants to pay
$5,775,000 for past and future response costs incurred by the United
States in connection with the Site. 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. Future response costs
associated with the OU2 remedial action will be resolved through a
memorandum of understanding or interagency agreement between the USFS
and EPA. The proposed consent decree will resolve all CERCLA claims
alleged in this action by the United States against Settling Defendants
and any potential liability within the meaning of Sections 107 and 113
of CERCLA, 42 U.S.C. 9607 9613(f)(2), for Settling Federal Agencies.
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].
[[Page 68491]]
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. 2019-26974 Filed 12-13-19; 8:45 am]
BILLING CODE P