80 FR 19686 - Notice of Lodging of Proposed Joint Stipulation of Settlement Under the Clean Air Act, the Comprehensive Environmental Response Compensation and Liability Act and the Emergency Preparedness and Community Right-To-Know Act

DEPARTMENT OF JUSTICE

Federal Register Volume 80, Issue 70 (April 13, 2015)

Page Range		19686-19687
FR Document		2015-08391

Federal Register, Volume 80 Issue 70 (Monday, April 13, 2015)

[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)]
[Notices]
[Pages 19686-19687]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08391]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Joint Stipulation of Settlement 
Under the Clean Air Act, the Comprehensive Environmental Response 
Compensation and Liability Act and the Emergency Preparedness and 
Community Right-To-Know Act

    On April 7, 2015, the Department of Justice lodged a proposed Joint 
Stipulation of Settlement with the United States District Court for the 
Southern District of Alabama in the lawsuit entitled United States of 
America v. Millard Refrigerated Services, LLC Civil Action No. 15-186.
    The United States filed a complaint simultaneously with the filing 
of the Joint Stipulation of Settlement on April 7, 2015. The complaint 
in this action alleged that Defendant Millard Refrigerated Services, 
LLC, a Delaware limited liability company, f/k/a Millard Refrigerated 
Services, Inc. (``Millard'') violated Sections 112(r)(1) and 112(r)(7) 
of the Clean Air Act (``CAA''), 42 U.S.C. 7412(r)(1) and 7412(r)(7), 
Section 103 of the Comprehensive Environmental Response, Compensation 
and Liability Act (``CERCLA''), 42 U.S.C. 9603, and Section 304 of the 
Emergency Preparedness and Community Right-To-Know Act (``EPCRA''), 42 
U.S.C. 11004, at its facility located in Theodore, Alabama (``the 
Facility''). Millard operated a cold storage facility with over 242,000 
square feet of storage and used over 190,000 pounds of anhydrous 
ammonia (NH3), a highly toxic substance, in its operations. 
Defendant allowed three releases of NH3 over a three year 
period, with the third release of over 32,000 pounds of NH3 
in August of 2010 resulting in 154 hospitalizations.
    The Complaint alleges that Millard violated every section of the 
Program 3 Risk Management Prevention (RMP) Program regulations for a 
total of 36 violations of the RMP Regulations, three violations of the 
general duty of care under Section112(r) of the CAA and four violations 
of the notice requirements under EPCRA and CERCLA. As regards the 
notice requirements, the Complaint alleges that Millard failed to 
timely notify the National Response Center, the State Emergency 
Response Center and the Local Emergency Planning Committee as required 
by CERCLA and EPCRA with regard to these releases.
    Under the Joint Stipulation of Settlement, Millard will pay a civil 
penalty of $3,009,855 in order to resolve these violations. There is no 
injunctive relief under this agreement as Defendant's parent, Millard 
Holdings, Inc., shut down the refrigerated portion of the Facility in 
July 2013 and is currently using it as a warehouse.
    The publication of this notice opens a period for public comment on 
the Joint Stipulation of Settlement. Comments should be addressed to 
the Assistant Attorney General, Environment and Natural Resources 
Division, and should refer to United States of America v. Millard 
Refrigerated Services, LLC Civil Action No. 15-186. D.J. Ref. No. 90-5-
2-1-10384. 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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                                                 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.
------------------------------------------------------------------------

    During the public comment period, the Joint Stipulation of 
Settlement may be examined and downloaded at this Justice Department 
Web site: http://

[[Page 19687]]

www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy 
of the Joint Stipulation of Settlement 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 $2.75 (25 cents per page 
reproduction costs for 11 pages) payable to the United States Treasury.

Henry S. Friedman,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2015-08391 Filed 4-10-15; 8:45 am]
BILLING CODE 4410-15-P

19686 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Notices

DEPARTMENT OF THE INTERIOR public that the plan is available for Section 304 of the Emergency
public review and comment. Preparedness and Community Right-To-
National Park Service Public scoping for this proposal was Know Act (‘‘EPCRA’’), 42 U.S.C. 11004,
[NPS–IMR–BITH–13318; PPIMBITHR0– conducted from May 18–June 18, 2012. at its facility located in Theodore,
PPMRSNR1Z.Y00000] The scoping brochure was also posted Alabama (‘‘the Facility’’). Millard
on the NPS’s Planning Environment and operated a cold storage facility with
Plan of Operations and Related Public Comment Web site. over 242,000 square feet of storage and
Categorical Exclusion for Plugging and If you wish to comment on the plan used over 190,000 pounds of anhydrous
Reclamation of Two Natural Gas Wells, of operations and categorical exclusion, ammonia (NH3), a highly toxic
Big Thicket National Preserve, Texas you may mail comments to the name substance, in its operations. Defendant
and address above or post comments allowed three releases of NH3 over a
National Park Service, Interior.
AGENCY:
online at http://parkplanning.nps.gov/ three year period, with the third release
Notice and request for
ACTION: bith. The documents will be on public of over 32,000 pounds of NH3 in August
comments. review for 30 days. Please note that the of 2010 resulting in 154
comments submitted in response to this hospitalizations.
SUMMARY: The National Park Service has The Complaint alleges that Millard
received from Unit Petroleum Company notice are a matter of public record.
Before including your address, phone violated every section of the Program 3
a plan of operations to plug, abandon, Risk Management Prevention (RMP)
and reclaim two natural gas wells in Big number, email address, or other
personal identifying information in your Program regulations for a total of 36
Thicket National Preserve in Polk violations of the RMP Regulations, three
County, Texas. We are requesting comment, you should be aware that
your entire comment, including your violations of the general duty of care
comments on the plan of operations and under Section112(r) of the CAA and
on the related categorical exclusion personal identifying information, may
be made publicly available at any time. four violations of the notice
from provisions of the National requirements under EPCRA and
Environmental Protection Act for this While you can ask us in your comment
to withhold your personal identifying CERCLA. As regards the notice
proposal. requirements, the Complaint alleges that
information from public review, we
DATES: Submit comments by May 13, cannot guarantee that we will be able to Millard failed to timely notify the
2015. do so. National Response Center, the State
ADDRESSES: The plan of operations and Emergency Response Center and the
Dated: January 14, 2014. Local Emergency Planning Committee
the related categorical exclusion are Edward Comeau,
available for public review and as required by CERCLA and EPCRA
Acting Superintendent, Big Thicket National with regard to these releases.
comment at http:// Preserve, National Park Service. Under the Joint Stipulation of
parkplanning.nps.gov/bith and in the
[FR Doc. 2015–08375 Filed 4–10–15; 8:45 am] Settlement, Millard will pay a civil
Office of the Superintendent, Edward
BILLING CODE 4312–CB–P penalty of $3,009,855 in order to resolve
Comeau—Acting, Big Thicket National
these violations. There is no injunctive
Preserve, 6044 FM 420, Kountze, Texas
relief under this agreement as
77625. Copies of the documents are
DEPARTMENT OF JUSTICE Defendant’s parent, Millard Holdings,
available upon request from the contact
Inc., shut down the refrigerated portion
listed below.
Notice of Lodging of Proposed Joint of the Facility in July 2013 and is
FOR FURTHER INFORMATION CONTACT: Mr. currently using it as a warehouse.
Stipulation of Settlement Under the
Ryan Desliu, Oil and Gas Program The publication of this notice opens
Clean Air Act, the Comprehensive
Manager, Big Thicket National Preserve, a period for public comment on the
Environmental Response
6044 FM 420, Kountze, Texas 77625, Joint Stipulation of Settlement.
Compensation and Liability Act and
Telephone: (409) 951–6822; or email at Comments should be addressed to the
the Emergency Preparedness and
Ryan_Desliu@nps.gov. Assistant Attorney General,
Community Right-To-Know Act
SUPPLEMENTARY INFORMATION: Unit Environment and Natural Resources
Petroleum Company proposes to plug, On April 7, 2015, the Department of Division, and should refer to United
abandon, and reclaim the Blackstone #1 Justice lodged a proposed Joint States of America v. Millard
and #2 wells currently in shut in status Stipulation of Settlement with the Refrigerated Services, LLC Civil Action
within the Big Sandy Creek Corridor United States District Court for the No. 15–186. D.J. Ref. No. 90–5–2–1–
Unit of Big Thicket National Preserve. Southern District of Alabama in the 10384. All comments must be submitted
The wells were drilled before we lawsuit entitled United States of no later than thirty (30) days after the
acquired the land and must be plugged America v. Millard Refrigerated publication date of this notice.
and abandoned to meet Texas Railroad Services, LLC Civil Action No. 15–186. Comments may be submitted either by
Commission and NPS regulations. The The United States filed a complaint email or by mail:
proposed operation will only create simultaneously with the filing of the
minor impacts to resources in the Joint Stipulation of Settlement on April Send them to:
Preserve. 7, 2015. The complaint in this action
An operator requiring access on, alleged that Defendant Millard By email ....... pubcomment-ees.enrd@
usdoj.gov.
across, or through National Park Service Refrigerated Services, LLC, a Delaware By mail ......... Assistant Attorney General
mstockstill on DSK4VPTVN1PROD with NOTICES

lands or waters may conduct activities limited liability company, f/k/a Millard U.S. DOJ–ENRD
only under an approved plan of Refrigerated Services, Inc. (‘‘Millard’’) P.O. Box 7611
operations. We must complete an violated Sections 112(r)(1) and 112(r)(7) Washington, DC 20044–7611.
environmental analysis and make a of the Clean Air Act (‘‘CAA’’), 42 U.S.C.
decision on the plan of operations 7412(r)(1) and 7412(r)(7), Section 103 of During the public comment period,
within 60 days of finding the plan to be the Comprehensive Environmental the Joint Stipulation of Settlement may
complete. We must also publish a notice Response, Compensation and Liability be examined and downloaded at this
in the Federal Register informing the Act (‘‘CERCLA’’), 42 U.S.C. 9603, and Justice Department Web site: http://

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Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Notices 19687

www.usdoj.gov/enrd/Consent_ submit comments on the requested Plan, provided that the following
Decrees.html. We will provide a paper exemption to the Department. In conditions are satisfied:
copy of the Joint Stipulation of addition the notice stated that any (a) The Sale is a one-time transaction
Settlement upon written request and interested person might submit a for cash;
payment of reproduction costs. Please written request that a public hearing be (b) As consideration, the Plan receives
mail your request and payment to: held (where appropriate). The applicant $3,100,000 or the fair market value of
Consent Decree Library, U.S. DOJ– has represented that it has complied the Property as determined by a
ENRD, P.O. Box 7611, Washington, DC with the requirements of the notification qualified, independent appraiser (the
20044–7611. to interested persons. No requests for a Appraiser) in a written appraisal of the
Please enclose a check or money order hearing were received by the Property, which is updated on the date
for $2.75 (25 cents per page Department. Public comments were of Sale;
reproduction costs for 11 pages) payable received by the Department as described (c) The Plan pays no commissions,
to the United States Treasury. in the granted exemption. costs or fees with respect to the Sale;
The notice of proposed exemption (d) The terms and conditions of the
Henry S. Friedman,
was issued and the exemption is being Sale are at least as favorable to the Plan
Assistant Chief, Environmental Enforcement as those obtainable in an arm’s length
Section, Environment and Natural Resources granted solely by the Department
Division. because, effective December 31, 1978, transaction with an unrelated party;
section 102 of Reorganization Plan No. (e) The Sale has been reviewed and
[FR Doc. 2015–08391 Filed 4–10–15; 8:45 am]
4 of 1978, 5 U.S.C. App. 1 (1996), approved by a qualified, independent
BILLING CODE 4410–15–P
transferred the authority of the Secretary fiduciary, who, among other things: has
of the Treasury to issue exemptions of reviewed and approved the
the type proposed to the Secretary of methodology used by the Appraiser and
DEPARTMENT OF LABOR has ensured that the appraisal
Labor.
methodology was properly applied in
Employee Benefits Security Statutory Findings determining the fair market value of the
Administration
In accordance with section 408(a) of Property; and has determined that it is
Exemptions From Certain Prohibited the Act and/or section 4975(c)(2) of the prudent to go forward with the Sale.
Transaction Restrictions Code and the procedures set forth in 29 Written Comments
CFR part 2570, subpart B (76 FR 66637,
AGENCY: Employee Benefits Security 66644, October 27, 2011) 1 and based In the Notice of Proposed Exemption
Administration, Labor. upon the entire record, the Department (the Notice), the Department invited all
ACTION: Grant of Individual Exemptions. makes the following findings: interested persons to submit written
(a) The exemption is administratively comments and requests for a hearing on
SUMMARY: This document contains the proposed exemption within 45 days
exemptions issued by the Department of feasible;
(b) The exemption is in the interests of the publication, on November 26,
Labor (the Department) from certain of 2014, of the Notice in the Federal
the prohibited transaction restrictions of of the plan and its participants and
beneficiaries; and Register. All comments and requests for
the Employee Retirement Income a hearing were due by January 10, 2015.
Security Act of 1974 (ERISA or the Act) (c) The exemption is protective of the
rights of the participants and During the comment period, the
and/or the Internal Revenue Code of Department received one written
1986 (the Code). This notice includes beneficiaries of the plan.
comment with respect to the Notice that
the following: 2015–01, The United The United Association of Journeymen was submitted by a Plan participant (the
Association of Journeymen and and Apprentices of The Plumbers and Commenter), and no requests for a
Apprentices of the Plumbers and Pipefitters Local Union No. 189 Pension hearing. In addition, the Applicant
Pipefitters Local Union No. 189 Pension Plan, as Amended (the Plan or the informed the Department of an updated
Plan, D–11750; 2015–02, The Camco Applicant) Located in Columbus, Ohio appraisal of the Property, which was
Financial & Subsidiaries Salary Savings [Prohibited Transaction Exemption later submitted to the Department and
Plan and Huntington Bancshares, Inc., 2015–01; Exemption Application No. D– required the Department’s modification
D–11751; 2015–03, Teamsters Local 11750] to the operative language of the Notice.
Union No. 727 Pension Fund, D–11770; Discussed below are the comment and
2015–04, Craftsman Independent Union Exemption
the Department’s revision to the Notice.
Local #1 Health, Welfare & The restrictions of section
Hospitalization Trust Fund, L–11775; 406(a)(1)(A) and (D) and section The Comment
and 2015–05, Local 268, Sheet Metal 406(b)(1) and (b)(2) of the Act and the The Commenter asked the Department
Workers International Association, sanctions resulting from the application to deny the proposed exemption, stating
AFL–CIO, L–11794. of section 4975(c)(1)(A), (D) and (E) of that the proposed transaction is an
SUPPLEMENTARY INFORMATION: A notice the Code, shall not apply to the sale attempt by the employers to put the
was published in the Federal Register of (Sale) of certain improved real property financial burden of a pension plan ‘‘in
the pendency before the Department of (the Property) by the Plan to Local #189 the yellow’’ on the backs of Union
a proposal to grant such exemption. The of the United Association of members, instead of raising the Plan’s
notice set forth a summary of facts and Journeymen and Apprentices of the contribution rate.
Plumbing and Pipefitting Industry of the
mstockstill on DSK4VPTVN1PROD with NOTICES

representations contained in the In response, the Applicant states that
application for exemption and referred United States and Canada (the Union), the comment is factually inaccurate.
interested persons to the application for a party in interest with respect to the First, according to the Applicant, the
a complete statement of the facts and Commenter incorrectly states that the
1 The Department has considered exemption
representations. The application has Plan is ‘‘in the yellow.’’ To clarify the
applications received prior to December 27, 2011
been available for public inspection at under the exemption procedures set forth in 29 CFR
meaning of this actuarial phrase, the
the Department in Washington, DC. The part 2570, subpart B (55 FR 32836, 32847, August Applicant represents that plans are
notice also invited interested persons to 10, 1990). considered ‘‘in the green zone’’ when

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Document Created: 2015-12-18 11:21:37
Document Modified: 2015-12-18 11:21:37

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		80 FR 19686