81_FR_95445 81 FR 95197 - Notice of Lodging of Proposed Consent Judgment Under the Safe Drinking Water Act

81 FR 95197 - Notice of Lodging of Proposed Consent Judgment Under the Safe Drinking Water Act

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 248 (December 27, 2016)

Page Range95197-95198
FR Document2016-31142

Federal Register, Volume 81 Issue 248 (Tuesday, December 27, 2016)
[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Notices]
[Pages 95197-95198]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31142]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Judgment Under the Safe 
Drinking Water Act

    On December 20, 2016, the Department of Justice lodged a proposed 
Consent Judgment with the United States District Court for the Eastern 
District of New York in the lawsuit entitled United States v. State of 
New York, et al., Civil Action No. 2:16-cv-6989.
    The United States filed a complaint in this action on the same day 
that the Consent Judgment was lodged with the Court. The Defendants are 
the State of New York; New York State Office of Parks, Recreation and 
Historic Preservation (``OPRHP'') (offices at 625 Broadway, Albany, New 
York 12238); and the Palisades Interstate Park Commission 
(``Commission'') (offices at Administration Building, Bear Mountain 
State Park, Bear Mountain, New York 10911-0427). The complaint arises 
out of Defendants' operation of Large Capacity Cesspools (``LCCs''). 
The complaint alleges that Defendants owned and operated 54 LCCs at 
various OPRHP and Commission parks (``the Prohibited LCCs'') in 
violation of the Safe Drinking Water Act (``SDWA''), 42 U.S.C. 300h, 
EPA's underground injection control (``UIC'') program, specifically the 
program's Class V UIC regulations found at 40 CFR 144.80 to 144.89. 
Pursuant to 40 CFR 144.82(b) and 144.88(a), owners and operators of 
``existing'' (i.e, operational or under construction by April 5, 2000) 
large-capacity cesspools were required to close them by April 5, 2005 
(``Class V Rule'').
    The complaint alleges claims for relief based on the following 
violation: The Prohibited LCCs were not closed by April 5, 2005, as 
required by the Class V Rule, 40 CFR 144.82(b) and 144.88(a), and the 
Prohibited LCCs, primarily located at Defendants' comfort stations, 
continued to operate after April 5, 2005.
    The Consent Judgment provides for Defendants to pay a $150,000 
civil penalty and to perform injunctive relief, including closing the 
Prohibited LCCs or otherwise converting them to lawful non-LCC uses by 
July 2019. Prohibited LCCs that are located on Long Island will be 
closed by September 2018, with most of the Long Island Prohibited LCCs 
being closed by September 2017.
    The Defendants implemented some injunctive relief before the 
lodging of the Consent Judgment, including closing six of the 
Prohibited LCCs and submitting closure plans for 29 of the remaining 
Prohibited LCCs.
    The Consent Judgment further requires Defendants to implement 
Supplemental Environmental Projects (SEPs) at seven of Defendants' Long 
Island parks The SEPS have a total estimated value of $1,020,000. All 
SEPs must be completed within three years after the Effective Date of 
the Consent Judgment. Each of the SEPs is intended to reduce the 
quantity of nutrients harmful to water quality, including nitrogen, 
from entering the local groundwater.
    The Consent Judgment resolves the civil claims of the United States 
for the violations alleged in the complaint

[[Page 95198]]

through the date of lodging of the Consent Judgment.
    The publication of this notice opens a period for public comment on 
the Consent Judgment. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States v. State of New York, D.J. Ref. No. 90-5-
1-1-11400. All comments must be submitted no later than 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, the Consent Judgment may be 
examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the Consent Judgment 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 $18.00 (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 $10.25.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2016-31142 Filed 12-23-16; 8:45 am]
 BILLING CODE 4410-15-P



                                                                               Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Notices                                           95197

                                                    forensic science laboratories and units;                Commission can be found at: http://                   Consent Judgment was lodged with the
                                                    identifying and recommending                            www.justice.gov/ncfs.                                 Court. The Defendants are the State of
                                                    scientific guidance and protocols for                     Note: The Commission is developing a                New York; New York State Office of
                                                    evidence seizure, testing, analysis, and                draft Views document on Statistical                   Parks, Recreation and Historic
                                                    reporting by forensic science                           Statements in Forensic Testimony, and it is           Preservation (‘‘OPRHP’’) (offices at 625
                                                    laboratories and units; and identifying                 anticipated that the additional Commissioner          Broadway, Albany, New York 12238);
                                                    and assessing other needs of the forensic               member will contribute to the Commission’s            and the Palisades Interstate Park
                                                    science communities to strengthen their                 discussions on this topic, as well as all other       Commission (‘‘Commission’’) (offices at
                                                                                                            Commission activities. On December 12,                Administration Building, Bear
                                                    disciplines and meet the increasing
                                                                                                            2016, the Department of Justice published in
                                                    demands generated by the criminal and                                                                         Mountain State Park, Bear Mountain,
                                                                                                            the Federal Register a Notice announcing the
                                                    civil justice systems at all levels of                  January 9–10, 2017, Federal Advisory                  New York 10911–0427). The complaint
                                                    government. Commission membership                       Committee Meeting of the National                     arises out of Defendants’ operation of
                                                    includes Federal, State, and Local                      Commission on Forensic Science (81 FR                 Large Capacity Cesspools (‘‘LCCs’’). The
                                                    forensic science service providers;                     89509). That Notice also announced that               complaint alleges that Defendants
                                                    research scientists and academicians;                   comments on draft work products can be                owned and operated 54 LCCs at various
                                                    prosecutors, defense attorneys, and                     submitted through www.regulations.gov                 OPRHP and Commission parks (‘‘the
                                                                                                            starting on December 23, 2016. Any                    Prohibited LCCs’’) in violation of the
                                                    judges; law enforcement; and other
                                                                                                            comments should be posted to                          Safe Drinking Water Act (‘‘SDWA’’), 42
                                                    relevant backgrounds. The Commission                    www.regulations.gov no later than January
                                                    reports to the Attorney General, who                    25, 2017.
                                                                                                                                                                  U.S.C. 300h, EPA’s underground
                                                    through the Deputy Attorney General,                                                                          injection control (‘‘UIC’’) program,
                                                    shall direct the work of the Commission                    Applications: Any qualified person                 specifically the program’s Class V UIC
                                                    in fulfilling its mission.                              may apply to be considered for                        regulations found at 40 CFR 144.80 to
                                                                                                            appointment to this advisory committee.               144.89. Pursuant to 40 CFR 144.82(b)
                                                       The duties of the Commission
                                                                                                            Each application should include: (1) A                and 144.88(a), owners and operators of
                                                    include: (a) Recommending priorities
                                                                                                            resume or curriculum vitae; (2) a                     ‘‘existing’’ (i.e, operational or under
                                                    for standards development; (b)
                                                                                                            statement of interest describing the                  construction by April 5, 2000) large-
                                                    reviewing and recommending
                                                                                                            applicant’s relevant experience; and (3)              capacity cesspools were required to
                                                    endorsement of guidance identified or
                                                                                                            a statement of support from the                       close them by April 5, 2005 (‘‘Class V
                                                    developed by subject-matter experts; (c)
                                                                                                            applicant’s employer. Potential                       Rule’’).
                                                    developing proposed guidance
                                                                                                            candidates may be asked to provide                       The complaint alleges claims for relief
                                                    concerning the intersection of forensic
                                                                                                            detailed information as necessary                     based on the following violation: The
                                                    science and the courtroom; (d)
                                                                                                            regarding financial interests,                        Prohibited LCCs were not closed by
                                                    developing policy recommendations,
                                                                                                            employment, and professional                          April 5, 2005, as required by the Class
                                                    including a uniform code of
                                                                                                            affiliations to evaluate possible sources             V Rule, 40 CFR 144.82(b) and 144.88(a),
                                                    professional responsibility and
                                                                                                            of conflicts of interest. The application             and the Prohibited LCCs, primarily
                                                    minimum requirements for training,
                                                                                                            period will remain open through                       located at Defendants’ comfort stations,
                                                    accreditation and/or certification; and
                                                                                                            January 11, 2017. The applications must               continued to operate after April 5, 2005.
                                                    (e) identifying and assessing the current                                                                        The Consent Judgment provides for
                                                                                                            be sent in one complete package, by
                                                    and future needs of the forensic sciences                                                                     Defendants to pay a $150,000 civil
                                                                                                            email, to Jonathan McGrath (contact
                                                    to strengthen their disciplines and meet                                                                      penalty and to perform injunctive relief,
                                                                                                            information above) with the subject line
                                                    growing demand.                                                                                               including closing the Prohibited LCCs
                                                                                                            of the email entitled, ‘‘NCFS
                                                       Members will be appointed by the                     Membership 2017.’’ Other sources, in                  or otherwise converting them to lawful
                                                    Attorney General in consultation with                   addition to the Federal Register notice,              non-LCC uses by July 2019. Prohibited
                                                    the Director of the National Institute of               may be utilized in the solicitation of                LCCs that are located on Long Island
                                                    Standards and Technology and the vice-                  applications.                                         will be closed by September 2018, with
                                                    chairs of the Commission. Additional                                                                          most of the Long Island Prohibited LCCs
                                                    members will be selected to fill                          Dated: December 20, 2016.
                                                                                                                                                                  being closed by September 2017.
                                                    vacancies to maintain a balance of                      Victor Weedn,                                            The Defendants implemented some
                                                    perspective and diversity of                            Senior Forensic Advisor to the Deputy                 injunctive relief before the lodging of
                                                    experiences, including Federal, State,                  Attorney General, U.S. Department of Justice.         the Consent Judgment, including closing
                                                    and Local forensic science service                      [FR Doc. 2016–31232 Filed 12–23–16; 8:45 am]          six of the Prohibited LCCs and
                                                    providers; research scientists and                      BILLING CODE 4410–18–P                                submitting closure plans for 29 of the
                                                    academicians; Federal, State, Local                                                                           remaining Prohibited LCCs.
                                                    prosecutors, defense attorneys and                                                                               The Consent Judgment further
                                                    judges; law enforcement; and other                      DEPARTMENT OF JUSTICE                                 requires Defendants to implement
                                                    relevant stakeholders. DOJ encourages                                                                         Supplemental Environmental Projects
                                                    submissions from applicants with                        Notice of Lodging of Proposed
                                                                                                                                                                  (SEPs) at seven of Defendants’ Long
                                                    respect to diversity of backgrounds,                    Consent Judgment Under the Safe
                                                                                                                                                                  Island parks The SEPS have a total
                                                    professions, ethnicities, gender, and                   Drinking Water Act
                                                                                                                                                                  estimated value of $1,020,000. All SEPs
                                                    geography. The Commission shall                           On December 20, 2016, the                           must be completed within three years
                                                    consist of approximately 30 voting                      Department of Justice lodged a proposed               after the Effective Date of the Consent
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    members. Members will serve without                     Consent Judgment with the United                      Judgment. Each of the SEPs is intended
                                                    compensation. The Commission                            States District Court for the Eastern                 to reduce the quantity of nutrients
                                                    generally meets four times each year at                 District of New York in the lawsuit                   harmful to water quality, including
                                                    approximately three-month intervals.                    entitled United States v. State of New                nitrogen, from entering the local
                                                    The next Commission meetings will be                    York, et al., Civil Action No. 2:16–cv–               groundwater.
                                                    held on January 9–10, 2017 and April                    6989.                                                    The Consent Judgment resolves the
                                                    10–11, 2017 in Washington, DC.                            The United States filed a complaint in              civil claims of the United States for the
                                                    Additional information regarding the                    this action on the same day that the                  violations alleged in the complaint


                                               VerDate Sep<11>2014   20:45 Dec 23, 2016   Jkt 241001   PO 00000   Frm 00100   Fmt 4703   Sfmt 4703   E:\FR\FM\27DEN1.SGM   27DEN1


                                                    95198                         Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Notices

                                                    through the date of lodging of the                         or call 866–530–3818 and use                          by: (1) Studying workforce and labor
                                                    Consent Judgment.                                          conference code 2956449540. The                       market information issues; (2) seeking
                                                      The publication of this notice opens                     meeting will be open to the public.                   and sharing information on innovative
                                                    a period for public comment on the                         DATES: The meeting will take place on                 approaches, new technologies, and data
                                                    Consent Judgment. Comments should be                       Wednesday, February 8, 2017 at 2:00                   to inform employment, skills training,
                                                    addressed to the Assistant Attorney                        p.m. EST and conclude no later than                   and workforce and economic
                                                    General, Environment and Natural                           5:00 p.m. EST. Public statements and                  development decision making and
                                                    Resources Division, and should refer to                    requests for special accommodations or                policy; and (3) advising the Secretary on
                                                    United States v. State of New York, D.J.                   to address the Advisory Council must be               how the workforce and labor market
                                                    Ref. No. 90–5–1–1–11400. All                               received by February 1, 2017.                         information system can best support
                                                    comments must be submitted no later                        ADDRESSES: The meeting will be held                   workforce development, planning, and
                                                    than 30 days after the publication date                    virtually at http://                                  program development. Additional
                                                    of this notice. Comments may be                            coffey.adobeconnect.com/wiac080217/                   information is available at
                                                    submitted either by email or by mail:                      or call 866–530–3818 and use                          www.doleta.gov/wioa/wiac/.
                                                                                                               conference code 2956449540. If                           Purpose: The WIAC is currently in the
                                                    To submit            Send them to:                         problems arise accessing the meeting,                 process of identifying and reviewing
                                                    comments:                                                                                                        issues and aspects of the WLMI system
                                                                                                               please call 301–907–0900 ext. 225.
                                                                                                                                                                     and statewide systems that comprise the
                                                    By email .......     pubcomment-ees.enrd@                  FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                     nationwide system and how the
                                                                           usdoj.gov.                          Steven Rietzke, Chief, Division of
                                                    By mail .........    Assistant Attorney General,                                                                 Department and the States will
                                                                                                               National Programs, Tools, and
                                                                           U.S. DOJ—ENRD, P.O.                                                                       cooperate in the management of those
                                                                                                               Technical Assistance, Employment and
                                                                           Box 7611, Washington, DC                                                                  systems. As part of this process, the
                                                                                                               Training Administration, U.S.
                                                                           20044–7611.                                                                               Advisory Council meets to gather
                                                                                                               Department of Labor, Room C–4510, 200
                                                                                                                                                                     information and to engage in
                                                                                                               Constitution Ave. NW., Washington, DC                 deliberative and planning activities to
                                                      During the public comment period,
                                                                                                               20210; Telephone: 202–693–3912. Mr.                   facilitate the development and provision
                                                    the Consent Judgment may be examined
                                                                                                               Rietzke is the Designated Federal Officer             of its recommendations to the Secretary
                                                    and downloaded at this Justice
                                                                                                               for the WIAC.                                         in a timely manner.
                                                    Department Web site: https://
                                                    www.justice.gov/enrd/consent-decrees.                      SUPPLEMENTARY INFORMATION:                               Agenda: Beginning at 2:00 p.m. on
                                                    We will provide a paper copy of the                           Background: The WIAC is an                         February 8, 2017, the Advisory Council
                                                    Consent Judgment upon written request                      important component of the Workforce                  will briefly review the minutes of the
                                                    and payment of reproduction costs.                         Innovation and Opportunity Act. The                   previous meeting held January 11, 2017.
                                                    Please mail your request and payment                       WIAC is a Federal Advisory Committee                  The Advisory Council will then discuss
                                                    to: Consent Decree Library, U.S. DOJ—                      of workforce and labor market                         the informational report it is creating to
                                                    ENRD, P.O. Box 7611, Washington, DC                        information experts representing a                    document the current status of the
                                                    20044–7611.                                                broad range of national, State, and local             WLMI systems from a national and state
                                                      Please enclose a check or money order                    data and information users and                        perspective for the Secretary of Labor.
                                                    for $18.00 (25 cents per page                              producers. The purpose of the WIAC is                 The goal of this discussion is the formal
                                                    reproduction cost) payable to the United                   to provide recommendations to the                     approval of the informational report for
                                                    States Treasury. For a paper copy                          Secretary of Labor, working jointly                   submission to the Secretary of Labor.
                                                    without the exhibits and signature                         through the Assistant Secretary for                      The Advisory Council will open the
                                                    pages, the cost is $10.25.                                 Employment and Training and the                       floor for public comment once the
                                                                                                               Commissioner of Labor Statistics, to                  discussion of the informational report is
                                                    Robert E. Maher, Jr.,                                      address: (1) The evaluation and                       completed, which is expected to be 3:00
                                                    Assistant Section Chief, Environmental                     improvement of the nationwide                         p.m. EST; however, that time may
                                                    Enforcement Section, Environment and                       workforce and labor market information                change at the WIAC chair’s discretion.
                                                    Natural Resources Division.                                (WLMI) system and statewide systems                   Once the informational report
                                                    [FR Doc. 2016–31142 Filed 12–23–16; 8:45 am]               that comprise the nationwide system;                  discussion, the public comment period,
                                                    BILLING CODE 4410–15–P                                     and (2) how the Department and the                    and discussion of next steps and new
                                                                                                               States will cooperate in the management               business has concluded, the meeting
                                                                                                               of those systems. These systems include               will adjourn. The WIAC does not
                                                    DEPARTMENT OF LABOR                                        programs to produce employment-                       anticipate the meeting lasting past 5:00
                                                                                                               related statistics and State and local                p.m. EST.
                                                    Employment and Training                                    workforce and labor market information.                  The full agenda for the meeting, and
                                                    Administration                                             The WIAC was established in                           changes or updates to the agenda, will
                                                                                                               accordance with provisions of the                     be posted on the WIAC’s Web page,
                                                    Workforce Information Advisory                             Federal Advisory Committee Act                        www.doleta.gov/wioa/wiac/.
                                                    Council (WIAC)                                             (FACA), as amended (5 U.S.C. App.)                       Attending the meeting: Members of
                                                    AGENCY: Employment and Training                            and will act in accordance with the                   the public who require reasonable
                                                    Administration, Labor.                                     applicable provisions of FACA and its                 accommodations to attend the meeting
                                                                                                               implementing regulation at 41 CFR 102–                may submit requests for
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    ACTION: Notice of virtual meeting.
                                                                                                               3. The WIAC is meeting pursuant to                    accommodations by mailing them to the
                                                    SUMMARY:   Notice is hereby given that                     Section 308 of the Workforce Innovation               person and address indicated in the FOR
                                                    the Workforce Information Advisory                         and Opportunity Act of 2014 (WIOA)                    FURTHER INFORMATION CONTACT section
                                                    Council (WIAC) will meet February 8,                       (Pub. L. 113–128), which amends                       by the date indicated in the DATES
                                                    2017, at 2:00 p.m. Eastern Standard                        section 15 of the Wagner-Peyser Act of                section or transmitting them as email
                                                    Time (EST). The meeting will take place                    1933 (29 U.S.C. 491–2).                               attachments in PDF format to the email
                                                    virtually at http://                                          The Department of Labor anticipates                address indicated in the FOR FURTHER
                                                    coffey.adobeconnect.com/wiac080217/                        the WIAC will accomplish its objectives               INFORMATION CONTACT section with the



                                               VerDate Sep<11>2014      20:45 Dec 23, 2016   Jkt 241001   PO 00000   Frm 00101   Fmt 4703   Sfmt 4703   E:\FR\FM\27DEN1.SGM   27DEN1



Document Created: 2018-02-14 09:13:53
Document Modified: 2018-02-14 09:13:53
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 95197 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR