82 FR 19752 - Notice of Lodging of Proposed Consent Decree Under the Resource Conservation and Recovery Act

DEPARTMENT OF JUSTICE

Federal Register Volume 82, Issue 81 (April 28, 2017)

[Federal Register Volume 82, Number 81 (Friday, April 28, 2017)]
[Notices]
[Pages 19752-19753]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08651]


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

DEPARTMENT OF JUSTICE


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

    On April 25, 2017, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Northern 
District of New York in the lawsuit entitled United States v. Falcon 
Petroleum, LLC, RGLL, Inc., and GRJH, Inc., Civil Action No. 1:16-cv-
1522.
    This settlement resolves the United States' allegations that Falcon 
Petroleum, LLC, RGLL, Inc., and GRJH, Inc. (``Defendants'') violated 
the Resource Conservation and Recovery (``Act'') and its implementing 
regulations set forth at 40 CFR part 280 at eight gas stations in New 
York, all of which contain underground storage tanks (``tanks'') owned 
and operated, or owned and leased, by Defendants. The United States' 
claims against Defendants stem from the company's alleged failure to 
install overfill protection equipment; perform release detection on 
tanks and associated piping; equip piping with automatic line leak 
detectors; perform annual testing of an automatic line leak detector on 
piping; and maintain adequate records of release detection monitoring.
    The proposed Consent Decree resolves these allegations by requiring 
that Defendants implement injunctive relief valued at approximately 
$218,000, undertake a Supplemental Environmental Project (``SEP'') 
valued at approximately $220,000, and pay a $60,000 civil penalty. As 
part of the injunctive relief, Defendants will install, or upgrade to, 
fully automated electronic release detection monitoring equipment at 
seven gas stations in New York. As part of the SEP, Defendants will 
install a centralized monitoring system in twenty-six stations that 
span three states: Twenty-three in New York, two in Connecticut and one 
in New Hampshire. The centralized monitoring system will transmit to 
and collect at one central location the information gathered at each 
gas station equipped with the electronic release detection monitoring 
equipment. This technology will therefore assist Defendants to respond 
to potential releases and other alarm events.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States v. Falcon Petroleum, LLC, RGLL, Inc., and 
GRJH, Inc., D.O.J. Ref. No. 90-7-1-09896. 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, the Consent Decree may be 
examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy 
of the Consent Decree upon written request and payment of

[[Page 19753]]

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 $10.25 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy without the exhibits and signature pages, the cost is $6.75.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2017-08651 Filed 4-27-17; 8:45 am]
 BILLING CODE 4410-15-P