81 FR 52909 - Notice of Lodging Proposed Consent Decree

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 154 (August 10, 2016)

Page Range		52909-52909
FR Document		2016-18933

Federal Register, Volume 81 Issue 154 (Wednesday, August 10, 2016)

[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Notices]
[Page 52909]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18933]


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DEPARTMENT OF JUSTICE


Notice of Lodging Proposed Consent Decree

    In accordance with Departmental Policy, 28 CFR 50.7, notice is 
hereby given that a proposed Consent Decree in Dan Eoff v. United 
States Environmental Protection Agency, Civil Action No. 4:13-cv-00368-
DPM, was lodged with the United States District Court for the Eastern 
District of Arkansas, Western Division, on August 4, 2016.
    This proposed Consent Decree concerns a complaint filed by 
Plaintiff and Counterclaim Defendant Dan Eoff against the United States 
Environmental Protection Agency, and an answer and counterclaim filed 
by the United States, on behalf of the United States Environmental 
Protection Agency, against Dan Eoff pursuant to Section 301(a) of the 
Clean Water Act, to obtain injunctive relief from and impose civil 
penalties against the Plaintiff and Counterclaim Defendant for 
violating the Clean Water Act by discharging pollutants without a 
permit into waters of the United States. The proposed Consent Decree 
resolves these allegations by requiring Mr. Eoff to restore the 
impacted areas, perform mitigation and pay a civil penalty.
    The Department of Justice will accept written comments relating to 
this proposed Consent Decree for thirty (30) days from the date of 
publication of this Notice. Please address comments to Lisa Bell, Trial 
Attorney and John E. Sullivan, Trial Attorney for the United States 
Department of Justice, Environment and Natural Resources Division, 
Environmental Defense Section, Post Office Box 7611, Washington, DC 
20044 and refer to Dan Eoff v. United States Environmental Protection 
Agency, DJ # 90-5-1-4-19920.
    The proposed Consent Decree may be examined at the Clerk's Office, 
United States District Court for the Eastern District of Arkansas, 
Western Division, 600 West Capitol Avenue, Suite A149, Little Rock, AR 
72201. In addition, the proposed Consent Decree may be examined 
electronically at http://www.justice.gov/enrd/consent-decrees.

Cherie L. Rogers,
Assistant Section Chief, Environmental Defense Section, Environment and 
Natural Resources Division.
[FR Doc. 2016-18933 Filed 8-9-16; 8:45 am]
 BILLING CODE 4410-15-P

Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Notices 52909

Company FR Docket Published

Noramco, Inc. .......................................................................................... 81 FR 7587 .................................... February 12, 2016.
Cayman Chemical Company .................................................................. 81 FR 9217 .................................... February 24, 2016.
Janssen Pharmaceutical, Inc. ................................................................. 81 FR 9219 .................................... February 24, 2016.
Insys Therapeutics, Inc. .......................................................................... 81 FR 9220 .................................... February 24, 2016.
Siemens Healthcare Diagnostics, Inc. .................................................... 81 FR 15565 .................................. March 23, 2016.
Siegfried USA, LLC ................................................................................. 81 FR 15567 .................................. March 23, 2016.
Patheon Pharmaceuticals, Inc. ............................................................... 81 FR 15571 .................................. March 23, 2016.
Navinta, LLC ............................................................................................ 81 FR 20418 .................................. April 7, 2016.
Patheon API Manufacturing, Inc. ............................................................ 81 FR 22122 .................................. April 14, 2016.

The DEA has considered the factors in the Clean Water Act by discharging state claims alleged in this action by the
21 U.S.C. 823(a) and determined that pollutants without a permit into waters United States and the Pennsylvania
the registration of these registrants to of the United States. The proposed Department of Environmental Protection
manufacture the applicable basic classes Consent Decree resolves these Against CONSOL Energy Inc., CNX Coal
of controlled substances is consistent allegations by requiring Mr. Eoff to Resources LP, and Consol Pennsylvania
with the public interest and with United restore the impacted areas, perform Coal Company LLC for the discharge of
States obligations under international mitigation and pay a civil penalty. pollutants from the Bailey Mine
treaties, conventions, or protocols in The Department of Justice will accept Complex in Greene and Washington
effect on May 1, 1971. The DEA written comments relating to this Counties, Pennsylvania, into state
investigated each of the company’s proposed Consent Decree for thirty (30) waters and waters of the United States
maintenance of effective controls days from the date of publication of this in violation of limits in National
against diversion by inspecting and Notice. Please address comments to Lisa Pollutant Discharge Elimination System
testing each company’s physical Bell, Trial Attorney and John E. (‘‘NPDES’’) permits. Under the proposed
security systems, verifying each Sullivan, Trial Attorney for the United Consent Decree, Defendants will
company’s compliance with state and States Department of Justice, perform injunctive relief including
local laws, and reviewing each Environment and Natural Resources implementing water management
company’s background and history. Division, Environmental Defense measures to prevent contaminated
Therefore, pursuant to 21 U.S.C. Section, Post Office Box 7611, discharge, conducting long-term
823(a), and in accordance with 21 CFR Washington, DC 20044 and refer to Dan monitoring to ensure sufficient storage
1301.33, the DEA has granted a Eoff v. United States Environmental capacity to prevent future discharges,
registration as a bulk manufacturer to Protection Agency, DJ # 90–5–1–4– developing contingency plans should
the above listed persons. 19920. future discharges become likely, and
Dated: August 2, 2016. The proposed Consent Decree may be
implementing an environmental
Louis J. Milione, examined at the Clerk’s Office, United
management system to ensure
States District Court for the Eastern
Deputy Assistant Administrator. compliance with the Clean Water Act
District of Arkansas, Western Division,
[FR Doc. 2016–18921 Filed 8–9–16; 8:45 am] and other applicable environmental
600 West Capitol Avenue, Suite A149,
BILLING CODE 4410–09–P laws. In addition, Defendants will pay a
Little Rock, AR 72201. In addition, the
proposed Consent Decree may be total civil penalty of $3 million in three
examined electronically at http:// installments, with the last payment on
DEPARTMENT OF JUSTICE January 15, 2018.
www.justice.gov/enrd/consent-decrees.
Notice of Lodging Proposed Consent The publication of this notice opens
Cherie L. Rogers,
Decree a period for public comment on the
Assistant Section Chief, Environmental Consent Decree. Comments should be
In accordance with Departmental Defense Section, Environment and Natural
addressed to the Assistant Attorney
Resources Division.
Policy, 28 CFR 50.7, notice is hereby General, Environment and Natural
[FR Doc. 2016–18933 Filed 8–9–16; 8:45 am]
given that a proposed Consent Decree in Resources Division, and should refer to
Dan Eoff v. United States Environmental BILLING CODE 4410–15–P
United States and the Pennsylvania
Protection Agency, Civil Action No. Department of Environmental
4:13–cv–00368–DPM, was lodged with Protection v. CONSOL Energy Inc. et al.,
the United States District Court for the DEPARTMENT OF JUSTICE
D.J. Ref. No. 90–5–1–1–10614. All
Eastern District of Arkansas, Western Notice of Lodging of Proposed comments must be submitted no later
Division, on August 4, 2016. Consent Decree Under the Clean Water than thirty (30) days after the
This proposed Consent Decree Act publication date of this notice.
concerns a complaint filed by Plaintiff Comments may be submitted either by
and Counterclaim Defendant Dan Eoff On August 4, 2016, the Department of email or by mail:
against the United States Environmental Justice lodged a proposed Consent
Protection Agency, and an answer and Decree with the United States District To submit
counterclaim filed by the United States, Send them to:
Court for the Western District of
mstockstill on DSK3G9T082PROD with NOTICES

comments:
on behalf of the United States Pennsylvania in the lawsuit entitled
Environmental Protection Agency, United States and the Pennsylvania By email ....... pubcomment-
against Dan Eoff pursuant to Section Department of Environmental ees.enrd@usdoj.gov.
301(a) of the Clean Water Act, to obtain Protection v. CONSOL Energy Inc., et By mail ......... Assistant Attorney General,
injunctive relief from and impose civil U.S. DOJ—ENRD, P.O.
al., Civil Action No. 2:16–CV–01178.
Box 7611, Washington, DC
penalties against the Plaintiff and The proposed Consent Decree will 20044–7611.
Counterclaim Defendant for violating resolve Clean Water Act and associated

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Document Created: 2016-08-10 01:59:26
Document Modified: 2016-08-10 01:59:26

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		81 FR 52909