80 FR 76710 - Notice of Filing of Proposed Settlement Agreement Under the Comprehensive Environmental Response, Compensation, and Liability Act and the Resource Conservation and Recovery Act

DEPARTMENT OF JUSTICE

Federal Register Volume 80, Issue 237 (December 10, 2015)

[Federal Register Volume 80, Number 237 (Thursday, December 10, 2015)]
[Notices]
[Pages 76710-76711]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31134]


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DEPARTMENT OF JUSTICE


Notice of Filing of Proposed Settlement Agreement Under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
and the Resource Conservation and Recovery Act

    On December 1, 2015, a proposed Settlement Agreement was filed with 
the United States Bankruptcy Court for the District of Delaware in the 
bankruptcy proceeding entitled In re Energy Future Holdings Corp., et 
al., Case No. 14-10979 (CSS).
    The Settlement Agreement resolves a claim against debtor Energy 
Future Competitive Holdings Company (``EFCH''), as the alleged 
corporate successor to former mine operators, asserted by the United 
States on behalf of the Environmental Protection Agency (``EPA'') under 
the Comprehensive Environmental Response, Compensation, and Liability 
Act, 42 U.S.C. 9601-9675 (``CERCLA''). The claim sought to recover 
costs incurred and expected to be incurred in the future by the United 
States in response to releases and threats of releases of hazardous 
substances at or in connection with the Faith, Hope, Doris, and 
Isabella Uranium Mine Sites, located in McKinley County, New Mexico 
(``New Mexico Sites'').
    Under the Settlement Agreement, EPA will receive either (1) a 
distribution of $2,000,000 upon confirmation and consummation of EFCH's 
and other affiliated debtors' Sixth Amended Joint Plan of 
Reorganization of In re Energy Future Holdings Corp., et al., pursuant 
to Chapter 11 of the Bankruptcy Code, or (2) $1,000,000 on the 
effective date of an alternate restructuring approved by the Bankruptcy 
Court. The Settlement Agreement contains covenants not to sue by the 
United States on behalf of EPA in favor of the debtors, the reorganized 
debtors, or any successors in interest under Sections 106 and 107 of 
CERCLA, 42 U.S.C. 9606, 9607 and Section 7003 of the Resource 
Conservation and Recovery Act, 42 U.S.C. 6973, with respect to the EPA 
claim or the New Mexico Sites.
    The publication of this notice opens a period for public comment on 
the Settlement Agreement. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to In re Energy Future Holdings Corp., et al., Case No. 
14-10979 (CSS), D.J. Ref. No. 90-5-2-1-09894/2. 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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    Under section 7003(d) of RCRA, a commenter may request an 
opportunity for a public meeting in the affected area.
    During the public comment period, the Settlement Agreement may be 
examined and downloaded at this Justice Department Web site: http://

[[Page 76711]]

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 $13.50 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Thomas P. Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2015-31134 Filed 12-9-15; 8:45 am]
 BILLING CODE 4410-15-P