81 FR 51488 - Notice of Filing of Notice of Settlement Under the Comprehensive Environmental Response, Compensation, and Liability Act and the Resource Conservation and Recovery Act

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 150 (August 4, 2016)

[Federal Register Volume 81, Number 150 (Thursday, August 4, 2016)]
[Notices]
[Pages 51488-51489]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18479]


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DEPARTMENT OF JUSTICE


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

    On July 28, 2016, a Notice of Settlement Among EFH Properties 
Company and the United States on behalf of the U.S. Environmental 
Protection Agency (``EPA'') and the U.S. Department of the Interior 
(``DOI'') 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 proposed 
Settlement Agreement is attached to the Notice of Settlement as Exhibit 
A.
    The Settlement Agreement resolves a claim against EFH Properties 
Company (``EFH Properties''), as the alleged corporate successor to 
former mine operators, asserted by the United States on behalf of the 
Environmental Protection Agency 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 $4,000,000.00. The 
Settlement Agreement contains covenants not to sue by the United States 
on behalf of EPA in favor of EFH Properties and its predecessors, Chaco 
Energy Company, TXU Industries Company LLC, and EFH Properties Company 
LLC (the ``Covenant Beneficiaries''), 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 Settlement Agreement also contains a 
covenant not to sue by the United States on behalf of DOI in favor of 
the Covenant Beneficiaries, for natural resources damages claims under 
Sections 107 of CERCLA, 42 U.S.C. 9607, 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 fifteen (15) 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 e-mail...........................  [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: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the Settlement Agreement upon written

[[Page 51489]]

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. 2016-18479 Filed 8-3-16; 8:45 am]
 BILLING CODE 4410-15-P