80_FR_13681 80 FR 13631 - Notice of Lodging of Proposed Consent Decree Under the Resource Conservation and Recovery Act

80 FR 13631 - Notice of Lodging of Proposed Consent Decree Under the Resource Conservation and Recovery Act

DEPARTMENT OF JUSTICE

Federal Register Volume 80, Issue 50 (March 16, 2015)

Page Range13631-13632
FR Document2015-05917

Federal Register, Volume 80 Issue 50 (Monday, March 16, 2015) 
[Federal Register Volume 80, Number 50 (Monday, March 16, 2015)]
[Notices]
[Pages 13631-13632]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05917]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Resource 
Conservation and Recovery Act

    On March 9, 2015, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of Puerto Rico in the lawsuit United States v. Total Petroleum Puerto 
Rico Corp., Civil Action No. 3:15-cv-01201.
    This settlement resolves the United States' allegations that 
Defendant Total Petroleum Puerto Rico Corp. (``Total Puerto Rico'') 
violated the Resource Conservation and Recovery (``Act'') and the 
Puerto Rico Underground Storage Tank Control Regulations (``PRUSTR'') 
at thirty-one facilities in Puerto Rico, and the Act and its 
implementing regulations set forth at 40 CFR part 280 at four 
facilities in the U.S. Virgin Islands, all of which contain underground 
storage tanks (``USTs'') owned by Total Puerto Rico. The United States' 
claims against Total Puerto Rico stem from the company's alleged 
failure to report and investigate suspected releases; to monitor for 
releases; to provide adequate overfill prevention and corrosion 
protection equipment; to secure dispensers and lines when facilities 
are temporarily closed; to secure monitoring wells; and to maintain 
records of release detection monitoring.
    The proposed Consent Decree resolves these allegations by requiring 
that Total Puerto Rico pay a $426,000 penalty, implement injunctive 
relief valued at approximately $1,000,000, and undertake a Supplemental 
Environmental Project (``SEP'') valued at approximately $600,000. As 
part of the injunctive relief, Total Puerto Rico will install, or 
upgrade to, fully automated electronic release detection monitoring 
equipment at 137 facilities with Total-owned USTs in active operation. 
This obligation to install automated release detection monitoring 
equipment, which provide the best available method of release 
detection, will extend to any additional facilities with actively 
operating USTs acquired by Total Puerto Rico after the date of lodging 
of the Consent Decree. As part of the SEP, Total Puerto Rico will 
install a centralized monitoring system (CMS) for at least 125 of its 
facilities with actively

[[Page 13632]]

operating USTs. The CMS technology will enable Total Puerto Rico to 
rapidly respond to potential releases because it transmits to and 
collects at one central location the information gathered from each 
facility equipped with electronic release detection monitoring 
equipment.
    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 v. Total Petroleum Puerto Rico Corp., 
D.O.J. Ref. No. 90-7-1-10435. 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.
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. 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 $14.25 (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.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2015-05917 Filed 3-13-15; 8:45 am]
BILLING CODE 4410-15-P

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Notices 13631 the Commission’s Electronic Document subject articles if they were to be Issued: March 10, 2015. Information System (EDIS) at EDIS.3 excluded; Lisa R. Barton, Hearing-impaired persons are advised (iv) indicate whether complainant, Secretary to the Commission. that information on this matter can be complainant’s licensees, and/or third [FR Doc. 2015–05898 Filed 3–13–15; 8:45 am] obtained by contacting the party suppliers have the capacity to BILLING CODE 7020–02–P Commission’s TDD terminal on (202) replace the volume of articles 205–1810. potentially subject to the requested SUPPLEMENTARY INFORMATION: The exclusion order and/or a cease and DEPARTMENT OF JUSTICE Commission has received a complaint desist order within a commercially and a submission pursuant to section reasonable time; and Notice of Lodging of Proposed 210.8(b) of the Commission’s Rules of Consent Decree Under the Resource (v) explain how the requested Conservation and Recovery Act Practice and Procedure filed on behalf remedial orders would impact United of Jacobs Vehicle Systems, Inc. on On March 9, 2015, the Department of States consumers. March 10, 2015. The complaint alleges Justice lodged a proposed Consent violations of section 337 of the Tariff Written submissions must be filed no Decree with the United States District Act of 1930 (19 U.S.C. 1337) in the later than by close of business, eight Court for the District of Puerto Rico in importation into the United States, the calendar days after the date of the lawsuit United States v. Total sale for importation, and the sale within publication of this notice in the Federal Petroleum Puerto Rico Corp., Civil the United States after importation of Register. There will be further Action No. 3:15–cv–01201. certain variable valve actuation devices opportunities for comment on the This settlement resolves the United and automobiles containing the same. public interest after the issuance of any States’ allegations that Defendant Total The complaint names as respondents final initial determination in this Petroleum Puerto Rico Corp. (‘‘Total FCA US LLC of Auburn Hills, MI; FCA investigation. Puerto Rico’’) violated the Resource México, S.A. de C.V. of México D.F.; Persons filing written submissions Conservation and Recovery (‘‘Act’’) and Sata-Societá Automobilistica Tecnologie must file the original document the Puerto Rico Underground Storage Avanzate S.p.A. of Italy; Fiat electronically on or before the deadlines Tank Control Regulations (‘‘PRUSTR’’) Automobili Srbija Doo of Serbia; and stated above and submit 8 true paper at thirty-one facilities in Puerto Rico, Fiat Chrysler Automobiles N.V. of copies to the Office of the Secretary by and the Act and its implementing United Kingdom. The complainant noon the next day pursuant to section regulations set forth at 40 CFR part 280 requests that the Commission issue a 210.4(f) of the Commission’s Rules of at four facilities in the U.S. Virgin limited exclusion order, cease and Practice and Procedure (19 CFR Islands, all of which contain desist orders, and a bond upon 210.4(f)). Submissions should refer to underground storage tanks (‘‘USTs’’) respondents’ alleged infringing articles the docket number (‘‘Docket No. 3063’’) owned by Total Puerto Rico. The United during the 60-day Presidential review in a prominent place on the cover page States’ claims against Total Puerto Rico period pursuant to 19 U.S.C. § 1337(j). and/or the first page. (See Handbook for stem from the company’s alleged failure Proposed respondents, other Electronic Filing Procedures, Electronic to report and investigate suspected interested parties, and members of the Filing Procedures.4) Persons with releases; to monitor for releases; to public are invited to file comments, not questions regarding filing should provide adequate overfill prevention to exceed five (5) pages in length, contact the Secretary (202–205–2000). and corrosion protection equipment; to inclusive of attachments, on any public secure dispensers and lines when interest issues raised by the complaint Any person desiring to submit a facilities are temporarily closed; to or section 210.8(b) filing. Comments document to the Commission in secure monitoring wells; and to should address whether issuance of the confidence must request confidential maintain records of release detection relief specifically requested by the treatment. All such requests should be monitoring. complainant in this investigation would directed to the Secretary to the The proposed Consent Decree affect the public health and welfare in Commission and must include a full resolves these allegations by requiring the United States, competitive statement of the reasons why the that Total Puerto Rico pay a $426,000 conditions in the United States Commission should grant such penalty, implement injunctive relief economy, the production of like or treatment. See 19 CFR 201.6. Documents valued at approximately $1,000,000, directly competitive articles in the for which confidential treatment by the and undertake a Supplemental United States, or United States Commission is properly sought will be Environmental Project (‘‘SEP’’) valued at consumers. treated accordingly. All nonconfidential approximately $600,000. As part of the In particular, the Commission is written submissions will be available for injunctive relief, Total Puerto Rico will interested in comments that: public inspection at the Office of the install, or upgrade to, fully automated (i) explain how the articles potentially Secretary and on EDIS.5 electronic release detection monitoring subject to the requested remedial orders This action is taken under the equipment at 137 facilities with Total- are used in the United States; authority of section 337 of the Tariff Act owned USTs in active operation. This (ii) identify any public health, safety, of 1930, as amended (19 U.S.C. 1337), obligation to install automated release or welfare concerns in the United States and of sections 201.10 and 210.8(c) of detection monitoring equipment, which relating to the requested remedial the Commission’s Rules of Practice and provide the best available method of orders; Procedure (19 CFR 201.10, 210.8(c)). release detection, will extend to any Rmajette on DSK2VPTVN1PROD with NOTICES (iii) identify like or directly additional facilities with actively By order of the Commission. operating USTs acquired by Total competitive articles that complainant, its licensees, or third parties make in the Puerto Rico after the date of lodging of 4 Handbook for Electronic Filing Procedures: United States which could replace the the Consent Decree. As part of the SEP, http://www.usitc.gov/secretary/fed_reg_notices/ rules/handbook_on_electronic_filing.pdf. Total Puerto Rico will install a 3 Electronic Document Information System 5 Electronic Document Information System centralized monitoring system (CMS) for (EDIS): http://edis.usitc.gov. (EDIS): http://edis.usitc.gov. at least 125 of its facilities with actively VerDate Sep<11>2014 14:09 Mar 13, 2015 Jkt 235001 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 E:\FR\FM\16MRN1.SGM 16MRN1

13632 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Notices operating USTs. The CMS technology SUMMARY: The Department of Labor covered by the Standard. Occupational will enable Total Puerto Rico to rapidly (DOL) is submitting the Occupational Safety and Health Act of 1970 sections respond to potential releases because it Safety and Health Administration 2(b)(9), 6, and 8(c) authorize this transmits to and collects at one central (OSHA) sponsored information information collection. See 29 U.S.C. location the information gathered from collection request (ICR) titled, 651(b)(9), 655, and 657. each facility equipped with electronic ‘‘Telecommunications Standard,’’ to the This information collection is subject release detection monitoring equipment. Office of Management and Budget to the PRA. A Federal agency generally The publication of this notice opens (OMB) for review and approval for cannot conduct or sponsor a collection a period for public comment on the continued use, without change, in of information, and the public is Consent Decree. Comments should be accordance with the Paperwork generally not required to respond to an addressed to the Assistant Attorney Reduction Act of 1995 (PRA), 44 U.S.C. information collection, unless it is General, Environment and Natural 3501 et seq. Public comments on the approved by the OMB under the PRA Resources Division, and should refer to ICR are invited. and displays a currently valid OMB United States v. Total Petroleum Puerto DATES: The OMB will consider all Control Number. In addition, Rico Corp., D.O.J. Ref. No. 90–7–1– written comments that agency receives notwithstanding any other provisions of 10435. All comments must be submitted on or before April 15, 2015. law, no person shall generally be subject no later than thirty (30) days after the ADDRESSES: A copy of this ICR with to penalty for failing to comply with a publication date of this notice. applicable supporting documentation; collection of information that does not Comments may be submitted either by including a description of the likely display a valid Control Number. See 5 email or by mail: respondents, proposed frequency of CFR 1320.5(a) and 1320.6. The DOL response, and estimated total burden obtains OMB approval for this To submit may be obtained free of charge from the information collection under Control Send them to: comments: RegInfo.gov Web site at http:// Number 1218–0225. www.reginfo.gov/public/do/ OMB authorization for an ICR cannot By email ....... pubcomment-ees.enrd@ be for more than three (3) years without usdoj.gov. PRAViewICR?ref_nbr=201411-1218-006 (this link will only become active on the renewal, and the current approval for By mail ......... Assistant Attorney General, this collection is scheduled to expire on U.S. DOJ—ENRD, P.O. day following publication of this notice) Box 7611, Washington, DC or by contacting Michel Smyth by March 31, 2015. The DOL seeks to 20044–7611. telephone at 202–693–4129, TTY 202– extend PRA authorization for this 693–8064, (these are not toll-free information collection for three (3) more During the public comment period, numbers) or by email at DOL_PRA_ years, without any change to existing the Consent Decree may be examined PUBLIC@dol.gov. requirements. The DOL notes that and downloaded at this Justice Submit comments about this request existing information collection Department Web site: http:// by mail or courier to the Office of requirements submitted to the OMB www.usdoj.gov/enrd/Consent_ Information and Regulatory Affairs, receive a month-to-month extension Decrees.html. We will provide a paper Attn: OMB Desk Officer for DOL–OSHA, while they undergo review. For copy of the Consent Decree upon Office of Management and Budget, additional substantive information written request and payment of Room 10235, 725 17th Street NW., about this ICR, see the related notice reproduction costs. Please mail your Washington, DC 20503; by Fax: 202– published in the Federal Register on request and payment to: 395–5806 (this is not a toll-free September 25, 2014 (79 FR 57584). Consent Decree Library, U.S. DOJ— number); or by email: OIRA_ Interested parties are encouraged to ENRD, P.O. Box 7611, Washington, DC submission@omb.eop.gov. Commenters send comments to the OMB, Office of 20044–7611. are encouraged, but not required, to Information and Regulatory Affairs at Please enclose a check or money order send a courtesy copy of any comments the address shown in the ADDRESSES for $14.25 (25 cents per page by mail or courier to the U.S. section within thirty (30) days of reproduction cost) payable to the United Department of Labor—OASAM, Office publication of this notice in the Federal States Treasury. For a paper copy of the Chief Information Officer, Attn: Register. In order to help ensure without the exhibits and signature Departmental Information Compliance appropriate consideration, comments pages, the cost is $10.75. Management Program, Room N1301, should mention OMB Control Number 200 Constitution Avenue NW., 1218–0225. The OMB is particularly Maureen Katz, Washington, DC 20210; or by email: interested in comments that: Assistant Section Chief, Environmental DOL_PRA_PUBLIC@dol.gov. • Evaluate whether the proposed Enforcement Section, Environment and FOR FURTHER INFORMATION CONTACT: collection of information is necessary Natural Resources Division. for the proper performance of the Michel Smyth by telephone at 202–693– [FR Doc. 2015–05917 Filed 3–13–15; 8:45 am] 4129, TTY 202–693–8064, (these are not functions of the agency, including BILLING CODE 4410–15–P toll-free numbers) or by email at DOL_ whether the information will have PRA_PUBLIC@dol.gov. practical utility; • Evaluate the accuracy of the Authority: 44 U.S.C. 3507(a)(1)(D). agency’s estimate of the burden of the DEPARTMENT OF LABOR SUPPLEMENTARY INFORMATION: This ICR proposed collection of information, seeks to extend PRA authority for the including the validity of the Office of the Secretary Telecommunications Standard methodology and assumptions used; Rmajette on DSK2VPTVN1PROD with NOTICES information collection. Regulations 29 • Enhance the quality, utility, and Agency Information Collection CFR 1910.268(c) establishes the clarity of the information to be Activities; Submission for OMB information collection requirements of collected; and Review; Comment Request; the Telecommunications Standard and • Minimize the burden of the Telecommunications Standard makes it mandatory for an employer to collection of information on those who ACTION: Notice. generate and maintain training are to respond, including through the certification records for all workers use of appropriate automated, VerDate Sep<11>2014 19:41 Mar 13, 2015 Jkt 235001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\16MRN1.SGM 16MRN1


Document Created: 2018-02-21 09:37:54
Document Modified: 2018-02-21 09:37:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 13631 
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR