81_FR_62940 81 FR 62764 - Notice of Motion To Amend Consent Decree Under the Clean Water Act

81 FR 62764 - Notice of Motion To Amend Consent Decree Under the Clean Water Act

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 176 (September 12, 2016)

Page Range62764-62765
FR Document2016-21864

Federal Register, Volume 81 Issue 176 (Monday, September 12, 2016)
[Federal Register Volume 81, Number 176 (Monday, September 12, 2016)]
[Notices]
[Pages 62764-62765]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21864]


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DEPARTMENT OF JUSTICE


Notice of Motion To Amend Consent Decree Under the Clean Water 
Act

    On September 6, 2016, the Department of Justice filed a stipulated 
motion to amend a Consent Decree with the United States District Court 
for the Western District of Washington in the lawsuit entitled United 
States v. Trident Seafoods Corporation, Civil Action No. 11-1616RSL 
(the United States and Trident Seafoods Corporation, jointly, the 
``Parties''), proposing to modify certain injunctive measures required 
under the Consent Decree entered in this matter on June 18, 2012, 
resolving Trident's alleged violations of the Clean Water Act (``CWA'' 
or ``Act'').
    The Consent Decree (``CD'') requires, among other measures intended 
to reduce discharges of seafood processing wastes from multiple Trident 
processing facilities in Alaska, that Trident build a fishmeal plant at 
its North Naknek, Alaska facility and, upon operating the fishmeal 
plant for one year, to eliminate discharges from its seafood processing 
facility. The Parties only recently realized that the CD, as written, 
prohibits any discharge from Trident's processing facility, a result 
that cannot be achieved even by state-of-the-art practices. The 
proposed Amendment would allow the facility to discharge waste that 
cannot practically be captured using state-of-the-art controls, i.e., 
waste particles that pass through a 0.5 mm mesh screen. The proposed 
Amendment accurately reflects what the Parties intended at the time 
they reached settlement; employment of state-of-the-art discharge 
controls to achieve a discharge limit more stringent than that required 
by law. The Parties' failure to provide for this discharge in the 
original CD was inadvertent and the proposed Amendment corrects that 
oversight.
    The publication of this notice opens a period for public comment on 
the proposed Amendment to the Consent Decree. Comments should be 
addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, and should refer to United States v. Trident 
Seafoods Corporation, Civil Action No. 11-1616RSL., DJ Reference Number 
90-5-1-1-2002/2.
    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:

------------------------------------------------------------------------
         To submit comments:                     Send them to:
------------------------------------------------------------------------
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, Consent Decree may be examined 
and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent_decrees.html. We will provide a paper copy 
of the Amendment to 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.


[[Page 62765]]


    Please enclose a check or money order for $2.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2016-21864 Filed 9-9-16; 8:45 am]
 BILLING CODE 4410-16-P



                                                62764                     Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Notices

                                                welded carbon steel pipes and tubes                     FOR FURTHER INFORMATION CONTACT:                      Trident’s alleged violations of the Clean
                                                from Turkey were subsidized within the                  Rebecca A. Womeldorf, Rules                           Water Act (‘‘CWA’’ or ‘‘Act’’).
                                                meaning of section 703(b) of the Act (19                Committee Secretary, Rules Committee                     The Consent Decree (‘‘CD’’) requires,
                                                U.S.C. 1671b(b)) and that imports of                    Support Office, Administrative Office of              among other measures intended to
                                                heavy walled rectangular welded carbon                  the United States Courts, Washington,                 reduce discharges of seafood processing
                                                steel pipes and tubes from Korea,                       DC 20544, telephone (202) 502–1820.                   wastes from multiple Trident processing
                                                Mexico, and Turkey were sold at LTFV                      Dated: September 6, 2016.
                                                                                                                                                              facilities in Alaska, that Trident build a
                                                within the meaning of 733(b) of the Act                                                                       fishmeal plant at its North Naknek,
                                                                                                        Rebecca A. Womeldorf,
                                                (19 U.S.C. 1673b(b)). Notice of the                                                                           Alaska facility and, upon operating the
                                                                                                        Rules Committee Secretary.                            fishmeal plant for one year, to eliminate
                                                scheduling of the final phase of the
                                                                                                        [FR Doc. 2016–21780 Filed 9–9–16; 8:45 am]            discharges from its seafood processing
                                                Commission’s investigations and of a
                                                public hearing to be held in connection                 BILLING CODE 2210–55–P                                facility. The Parties only recently
                                                therewith was given by posting copies                                                                         realized that the CD, as written,
                                                of the notice in the Office of the                                                                            prohibits any discharge from Trident’s
                                                                                                        JUDICIAL CONFERENCE OF THE                            processing facility, a result that cannot
                                                Secretary, U.S. International Trade
                                                                                                        UNITED STATES                                         be achieved even by state-of-the-art
                                                Commission, Washington, DC, and by
                                                publishing the notice in the Federal                                                                          practices. The proposed Amendment
                                                                                                        Meeting of the Judicial Conference                    would allow the facility to discharge
                                                Register on March 15, 2016 (81 FR                       Advisory Committee on Rules of
                                                13820). The hearing was held in                                                                               waste that cannot practically be
                                                                                                        Appellate Procedure                                   captured using state-of-the-art controls,
                                                Washington, DC, on July 14, 2016, and
                                                all persons who requested the                           AGENCY: Advisory Committee on Rules                   i.e., waste particles that pass through a
                                                opportunity were permitted to appear in                 of Appellate Procedure, Judicial                      0.5 mm mesh screen. The proposed
                                                person or by counsel.                                   Conference of the United States.                      Amendment accurately reflects what the
                                                   The Commission made these                            ACTION: Notice of open meeting.                       Parties intended at the time they
                                                determinations pursuant to sections                                                                           reached settlement; employment of
                                                705(b) and 735(b) of the Act (19 U.S.C.                 SUMMARY:   The Advisory Committee on                  state-of-the-art discharge controls to
                                                1671d(b) and 19 U.S.C. 1673d(b)). It                    Rules of Appellate Procedure will hold                achieve a discharge limit more stringent
                                                completed and filed its determinations                  a meeting on October 18, 2016. The                    than that required by law. The Parties’
                                                in these investigations on September 6,                 meeting will be open to public                        failure to provide for this discharge in
                                                2016. The views of the Commission are                   observation but not participation.                    the original CD was inadvertent and the
                                                contained in USITC Publication 4633                     DATES: October 18, 2016.                              proposed Amendment corrects that
                                                (September 2016), entitled Heavy                        TIME: 9:00 a.m.–5:00 p.m.                             oversight.
                                                                                                        ADDRESSES: Thurgood Marshall Federal
                                                                                                                                                                 The publication of this notice opens
                                                Walled Rectangular Welded Carbon
                                                                                                        Judiciary Building, Mecham Conference                 a period for public comment on the
                                                Steel Pipes and Tubes from Korea,
                                                                                                                                                              proposed Amendment to the Consent
                                                Mexico, and Turkey: Investigation Nos.                  Center, Administrative Office of the
                                                                                                                                                              Decree. Comments should be addressed
                                                701–TA–539 and 731–TA–1280–1282                         United States Courts, One Columbus
                                                                                                                                                              to the Assistant Attorney General,
                                                (Final).                                                Circle NE., Washington, DC 20544.
                                                                                                                                                              Environment and Natural Resources
                                                  By order of the Commission.                           FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                              Division, and should refer to United
                                                  Issued: September 6, 2016.                            Rebecca A. Womeldorf, Rules                           States v. Trident Seafoods Corporation,
                                                Lisa R. Barton,
                                                                                                        Committee Secretary, Rules Committee                  Civil Action No. 11–1616RSL., DJ
                                                                                                        Support Office, Administrative Office of              Reference Number 90–5–1–1–2002/2.
                                                Secretary to the Commission.
                                                                                                        the United States Courts, Washington,                    All comments must be submitted no
                                                [FR Doc. 2016–21811 Filed 9–9–16; 8:45 am]
                                                                                                        DC 20544, telephone (202) 502–1820.                   later than thirty (30) days after the
                                                BILLING CODE 7020–02–P
                                                                                                          Dated: September 6, 2016.                           publication date of this notice.
                                                                                                        Rebecca A. Womeldorf,                                 Comments may be submitted either by
                                                                                                        Rules Committee Secretary.                            email or by mail:
                                                JUDICIAL CONFERENCE OF THE
                                                                                                        [FR Doc. 2016–21781 Filed 9–9–16; 8:45 am]
                                                UNITED STATES                                                                                                 To submit
                                                                                                        BILLING CODE 2210–55–P                                                    Send them to:
                                                                                                                                                              comments:
                                                Meeting of the Judicial Conference
                                                Advisory Committee on Rules of                                                                                By email .......    pubcomment-ees.enrd@
                                                Evidence                                                DEPARTMENT OF JUSTICE                                                       usdoj.gov.
                                                                                                                                                              By mail .........   Assistant Attorney General,
                                                AGENCY: Advisory Committee on Rules                     Notice of Motion To Amend Consent                                           U.S. DOJ–ENRD, P.O. Box
                                                of Evidence, Judicial Conference of the                 Decree Under the Clean Water Act                                            7611, Washington, DC
                                                United States.                                                                                                                      20044–7611.
                                                                                                          On September 6, 2016, the
                                                ACTION: Notice of open meeting.
                                                                                                        Department of Justice filed a stipulated                During the public comment period,
                                                SUMMARY:   The Advisory Committee on                    motion to amend a Consent Decree with                 Consent Decree may be examined and
                                                Rules of Evidence will hold a meeting                   the United States District Court for the              downloaded at this Justice Department
                                                on October 21, 2016. The meeting will                   Western District of Washington in the                 Web site: https://www.justice.gov/enrd/
                                                                                                        lawsuit entitled United States v. Trident             consent_decrees.html. We will provide
sradovich on DSK3GMQ082PROD with NOTICES




                                                be open to public observation but not
                                                participation.                                          Seafoods Corporation, Civil Action No.                a paper copy of the Amendment to the
                                                                                                        11–1616RSL (the United States and                     Consent Decree upon written request
                                                DATES: October 21, 2016.                                Trident Seafoods Corporation, jointly,                and payment of reproduction costs.
                                                    8:30 a.m.–3:00 p.m.
                                                TIME:                                                   the ‘‘Parties’’), proposing to modify                 Please mail your request and payment
                                                ADDRESSES: Pepperdine University                        certain injunctive measures required                  to: Consent Decree Library, U.S. DOJ—
                                                School of Law, 24255 Pacific Coast                      under the Consent Decree entered in                   ENRD, P.O. Box 7611, Washington, DC
                                                Highway, Malibu, CA 90263.                              this matter on June 18, 2012, resolving               20044–7611.


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                                                                             Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Notices                                                   62765

                                                  Please enclose a check or money order                    Consent Decree upon written request                    To submit           Send them to:
                                                for $2.75 (25 cents per page                               and payment of reproduction costs.                     comments:
                                                reproduction cost) payable to the United                   Please mail your request and payment
                                                States Treasury.                                           to: Consent Decree Library, U.S. DOJ—                  By mail .........   Assistant Attorney General,
                                                                                                           ENRD, P.O. Box 7611, Washington, DC                                          U.S. DOJ—ENRD, P.O.
                                                Susan M. Akers,                                                                                                                         Box 7611, Washington, DC
                                                                                                           20044–7611.                                                                  20044–7611.
                                                Assistant Section Chief, Environmental
                                                Enforcement Section, Environment and                         Please enclose a check or money order
                                                Natural Resources Division.                                for $11.25 (25 cents per page                            During the public comment period,
                                                [FR Doc. 2016–21864 Filed 9–9–16; 8:45 am]                 reproduction cost) payable to the United               the consent decree may be examined
                                                BILLING CODE 4410–16–P                                     States Treasury.                                       and downloaded at this Justice
                                                                                                           Susan M. Akers,
                                                                                                                                                                  Department Web site: https://
                                                                                                                                                                  www.justice.gov/enrd/consent-decrees.
                                                                                                           Assistant Section Chief, Environmental
                                                DEPARTMENT OF JUSTICE                                                                                             We will provide a paper copy of the
                                                                                                           Enforcement Section, Environment and
                                                                                                           Natural Resources Division.                            consent decree upon written request
                                                Notice of Lodging of Proposed                                                                                     and payment of reproduction costs.
                                                Consent Decree Under the Clean Water                       [FR Doc. 2016–21855 Filed 9–9–16; 8:45 am]
                                                                                                                                                                  Please mail your request and payment
                                                Act                                                        BILLING CODE 4410–15–P
                                                                                                                                                                  to: Consent Decree Library, U.S. DOJ—
                                                   On September 6, 2016, the                                                                                      ENRD, P.O. Box 7611, Washington, DC
                                                Department of Justice lodged a proposed                    DEPARTMENT OF JUSTICE                                  20044–7611.
                                                Consent Decree with the United States                                                                               Please enclose a check or money order
                                                District Court for the District of Alaska                  Notice of Lodging of Proposed                          for $ 12.25 (25 cents per page
                                                in United States and the State of Alaska                   Consent Decree Under the Clean Air                     reproduction cost) payable to the United
                                                v. City of Palmer, Alaska,. Civil Action                   Act                                                    States Treasury.
                                                No. 3:16–cv–00204–TMB.                                                                                            Randall M. Stone,
                                                   The Consent Decree settles claims                          On August 24, 2016, the Department
                                                                                                                                                                  Acting Assistant Section Chief,
                                                brought by the United States and the                       of Justice lodged a proposed consent                   Environmental Enforcement Section,
                                                State of Alaska pursuant to the Clean                      decree with the United States District                 Environment and Natural Resources Division.
                                                Water Act, 33 U.S.C. 1319, and Alaska                      Court for the Northern District of Illinois            [FR Doc. 2016–21831 Filed 9–9–16; 8:45 am]
                                                Statute 46.03.760, for violations of                       in the lawsuit entitled United States and
                                                                                                                                                                  BILLING CODE 4410–15–P
                                                Defendant’s National Pollutant                             State of Illinois v. East Balt. Commissary
                                                Discharge Elimination System permit at                     LLC, Civil Action No. 16 C 8301.
                                                Defendant’s wastewater treatment plant                        The complaint in this action was filed              DEPARTMENT OF LABOR
                                                in Palmer Alaska. Under the Consent                        jointly by the United States and the
                                                Decree, Defendant will undertake                           State of Illinois and asserts claims under             Mine Safety and Health Administration
                                                extensive upgrades at its wastewater                       Section 113(b) of the Clean Air Act, as
                                                treatment plant which are designed to                      amended (‘‘CAA’’), 42 U.S.C. 7413(b),                  Petitions for Modification of
                                                correct the alleged violations and pay a                   seeking injunctive relief and civil                    Application of Existing Mandatory
                                                civil penalty of $192,162 to the United                    penalties for defendant’s violations of                Safety Standards
                                                States and State of Alaska.                                its CAA permit. The complaint also
                                                   The publication of this notice opens                                                                           AGENCY: Mine Safety and Health
                                                                                                           includes additional counts brought by
                                                a period for public comment on the                                                                                Administration, Labor.
                                                                                                           the State of Illinois for defendant’s
                                                proposed Consent Decree. Comments                          violation of reporting and certification               ACTION: Notice.
                                                should be addressed to the Assistant                       requirements of the Illinois State                     SUMMARY:    Section 101(c) of the Federal
                                                Attorney General, Environment and                          Implementation Plan. The proposed                      Mine Safety and Health Act of 1977 and
                                                Natural Resources Division, and should                     consent decree will resolve all claims                 Title 30 of the Code of Federal
                                                refer to United States et al. v. City of                   pled in the complaint and will require                 Regulations part 44 govern the
                                                Palmer, Alaska, D.J. Ref. No. 90–5–1–1–                    the defendant to perform injunctive                    application, processing, and disposition
                                                11214. All comments must be submitted                      relief and pay a civil penalty in the                  of petitions for modification. This notice
                                                no later than thirty (30) days after the                   amount of $345,000.                                    is a summary of petitions for
                                                publication date of this notice.                              The publication of this notice opens                modification submitted to the Mine
                                                Comments may be submitted either by                        a period for public comment on the                     Safety and Health Administration
                                                email or by mail:                                          consent decree. Comments should be                     (MSHA) by the parties listed below.
                                                To submit
                                                                                                           addressed to the Assistant Attorney                    DATES: All comments on the petitions
                                                                     Send them to:                         General, Environment and Natural
                                                comments:                                                                                                         must be received by MSHA’s Office of
                                                                                                           Resources Division, and should refer to                Standards, Regulations, and Variances
                                                By email .......     pubcomment-ees.enrd@                  United States and State of Illinois v.                 on or before October 12, 2016.
                                                                       usdoj.gov.                          East Balt. Commissary LLC, D.J. Ref. No.
                                                By mail .........    Assistant Attorney General,                                                                  ADDRESSES: You may submit your
                                                                                                           90–5–2–1–10668. All comments must be                   comments, identified by ‘‘docket
                                                                       U.S. DOJ—ENRD, P.O.                 submitted no later than thirty (30) days
                                                                       Box 7611, Washington, DC                                                                   number’’ on the subject line, by any of
                                                                                                           after the publication date of this notice.
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                                                                       20044–7611.                                                                                the following methods:
                                                                                                           Comments may be submitted either by                       1. Electronic Mail: zzMSHA-
                                                  During the public comment period,                        email or by mail:                                      comments@dol.gov. Include the docket
                                                the Consent Decree may be examined                                                                                number of the petition in the subject
                                                                                                           To submit
                                                and downloaded at this Justice                             comments:           Send them to:                      line of the message.
                                                Department Web site: https://                                                                                        2. Facsimile: 202–693–9441.
                                                www.justice.gov/enrd/consent-decrees.                      By email .......    pubcomment-ees.enrd@                  3. Regular Mail or Hand Delivery:
                                                We will provide a paper copy of the                                              usdoj.gov.                       MSHA, Office of Standards,


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Document Created: 2016-09-10 00:56:41
Document Modified: 2016-09-10 00:56:41
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 Citation81 FR 62764 

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