[Federal Register Volume 86, Number 19 (Monday, February 1, 2021)]
[Notices]
[Pages 7746-7747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02023]


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DEPARTMENT OF JUSTICE


Notice of Filing of Proposed Settlement Agreement Regarding 
Environmental Claims in Connection With the Pioneer Metals Finishing 
Superfund Site

    On January 21, 2021 a Notice of Motion was filed in the Superior 
Court for the State of California for the County of San Francisco in 
the proceeding entitled Insurance Commissioner of the State of 
California vs. Western Employers Insurance Company, et al., Case No. 
CPF-97-984281. The Motion will seek court approval of the Pioneer 
Metals Finishing Superfund Site Settlement Agreement between the 
Insurance Commissioner of the State of California (``Commissioner''), 
in his capacity as the liquidator of the Western Employers Insurance 
Company (``WEIC''), and the Environmental Protection Agency (``EPA''), 
acting by and through the United States Department of Justice 
(``DOJ'').
    The Settlement Agreement would resolve a proof of claim by the EPA 
under Section 107 of the Comprehensive Environmental Response, 
Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9607, against 
WEIC involving the insured Pioneer Metals Finishing Co., Inc. 
(``Pioneer Metals'') at the Pioneer Metals Finishing Superfund Site. 
EPA filed a proof of claim in the instant proceeding against WEIC 
arising from policies of insurance that WEIC companies had issued to 
Pioneer Metals based on liability for contamination at the Pioneer 
Metals Finishing Superfund Site.
    Under the Settlement Agreement, WEIC will pay to the United States 
$1,200,000 million to the EPA. In consideration of this payment, upon 
approval of the Settlement Agreement, the EPA covenants not to file a 
civil action against the Insurance Commissioner, the California 
Department of Insurance, the California Conservation and Liquidation 
Office and WEIC with respect to all liabilities and obligations to 
Pioneer Metals or the EPA arising under CERCLA under the Policies 
issued by the WEIC to Pioneer Metals, whether such liabilities and 
obligations are known or unknown, reported or unreported, and whether 
currently existing or arising in the future. The Settlement Agreement 
is conditioned upon court approval. The Commissioner will appear at a 
hearing to present the motion seeking approval the Settlement Agreement 
on February 24, 2021 at 9:30 a.m. in Department 302 of the San 
Francisco County Superior Court located at 400 McAllister Street, San 
Francisco, California 94102.
    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 Insurance Commissioner of the State of California v. 
Western Employers Insurance Company, et al., D.J. Ref. No. 90-11-3-
10954/2. 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............................  <a href="/cdn-cgi/l/email-protection#abdbdec9c8c4c6c6cec5df86ceced885cec5d9cfebded8cfc4c185ccc4dd"><span class="__cf_email__" data-cfemail="11616473727e7c7c747f653c7474623f747f6375516462757e7b3f767e67">[email protected]</span></a>.
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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[[Page 7747]]

    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. Alternatively, a paper copy of 
the Settlement Agreement will be provided 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 $2.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2021-02023 Filed 1-29-21; 8:45 am]
BILLING CODE 4410-15-P


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