82_FR_19833 82 FR 19752 - Notice of Lodging of Proposed Consent Decree Under the Resource Conservation and Recovery Act

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)

Page Range19752-19753
FR Document2017-08651

Federal Register, Volume 82 Issue 81 (Friday, 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]


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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



                                                    19752                            Federal Register / Vol. 82, No. 81 / Friday, April 28, 2017 / Notices

                                                    DATES:  Comments are encouraged and                        6. Component: Bureau of Alcohol,                   tanks (‘‘tanks’’) owned and operated, or
                                                    will be accepted for an additional 30                   Tobacco, Firearms and Explosives, U.S.                owned and leased, by Defendants. The
                                                    days until May 30, 2017.                                Department of Justice.                                United States’ claims against Defendants
                                                    FOR FURTHER INFORMATION CONTACT: If                        7. Affected public who will be asked               stem from the company’s alleged failure
                                                    you have additional comments,                           or required to respond, as well as a brief            to install overfill protection equipment;
                                                    particularly with respect to the                        abstract:                                             perform release detection on tanks and
                                                    estimated public burden or associated                      8. Primary: State, Local, or Tribal                associated piping; equip piping with
                                                    response time, have suggestions, need a                 Government.                                           automatic line leak detectors; perform
                                                    copy of the proposed information                           9. Other: None.                                    annual testing of an automatic line leak
                                                                                                               10. Abstract: The information                      detector on piping; and maintain
                                                    collection instrument with instructions,
                                                                                                            collected on ATF F 6140.3 will provide                adequate records of release detection
                                                    or desire any other additional
                                                                                                            ATF with sufficient data to uniquely                  monitoring.
                                                    information, please contact J. Wade
                                                                                                            identify individual instructors, validate                The proposed Consent Decree
                                                    Brashier, Professional/Technical
                                                                                                            instructor topical expertise prior to                 resolves these allegations by requiring
                                                    Training & Development Branch, either
                                                                                                            training, and defend an instructor’s                  that Defendants implement injunctive
                                                    by mail at 99 New York Avenue NE.,
                                                                                                            qualifications in court regarding topical             relief valued at approximately $218,000,
                                                    Washington, DC 20226 or by email at
                                                                                                            expertise.                                            undertake a Supplemental
                                                    jerry.brashier@atf.gov. Written
                                                                                                               11. An estimate of the total number of             Environmental Project (‘‘SEP’’) valued at
                                                    comments and/or suggestions can also
                                                                                                            respondents and the amount of time                    approximately $220,000, and pay a
                                                    be directed to the Office of Management
                                                                                                            estimated for an average respondent to                $60,000 civil penalty. As part of the
                                                    and Budget, Office of Information and
                                                                                                            respond: An estimated 20 respondents                  injunctive relief, Defendants will install,
                                                    Regulatory Affairs, Attention
                                                                                                            will utilize the form, and it will take               or upgrade to, fully automated
                                                    Department of Justice Desk Officer,
                                                                                                            each respondent approximately 30                      electronic release detection monitoring
                                                    Washington, DC 20503 or sent to OIRA_
                                                                                                            minutes to complete the form.                         equipment at seven gas stations in New
                                                    submissions@omb.eop.gov.                                   12. An estimate of the total public                York. As part of the SEP, Defendants
                                                    SUPPLEMENTARY INFORMATION: Written                      burden (in hours) associated with the                 will install a centralized monitoring
                                                    comments and suggestions from the                       collection: An estimated 20 respondents               system in twenty-six stations that span
                                                    public and affected agencies concerning                 will utilize the form, and it will take               three states: Twenty-three in New York,
                                                    the proposed collection of information                  each respondent approximately 30                      two in Connecticut and one in New
                                                    are encouraged. Your comments should                    minutes to complete the form.                         Hampshire. The centralized monitoring
                                                    address one or more of the following                       If additional information is required              system will transmit to and collect at
                                                    four points:                                            contact: Melody Braswell, Department                  one central location the information
                                                       1. Evaluate whether the proposed                     Clearance Officer, United States                      gathered at each gas station equipped
                                                    collection of information is necessary                  Department of Justice, Justice                        with the electronic release detection
                                                    for the proper performance of the                       Management Division, Policy and                       monitoring equipment. This technology
                                                    functions of the agency, including                      Planning Staff, Two Constitution                      will therefore assist Defendants to
                                                    whether the information will have                       Square, 145 N Street NE., 3E.405A,                    respond to potential releases and other
                                                    practical utility;                                      Washington, DC 20530.                                 alarm events.
                                                       2. Evaluate the accuracy of the                                                                               The publication of this notice opens
                                                                                                              Dated: April 24, 2017.
                                                    agency’s estimate of the burden of the                                                                        a period for public comment on the
                                                                                                            Melody Braswell,
                                                    proposed collection of information,                                                                           Consent Decree. Comments should be
                                                    including the validity of the                           Department Clearance Officer for PRA, U.S.
                                                                                                                                                                  addressed to the Assistant Attorney
                                                                                                            Department of Justice.
                                                    methodology and assumptions used;                                                                             General, Environment and Natural
                                                       3. Evaluate whether and if so how the                [FR Doc. 2017–08550 Filed 4–27–17; 8:45 am]
                                                                                                                                                                  Resources Division, and should refer to
                                                    quality, utility, and clarity of the                    BILLING CODE 4410–14–P
                                                                                                                                                                  United States v. Falcon Petroleum, LLC,
                                                    information to be collected can be                                                                            RGLL, Inc., and GRJH, Inc., D.O.J. Ref.
                                                    enhanced; and                                                                                                 No. 90–7–1–09896. All comments must
                                                       4. Minimize the burden of the                        DEPARTMENT OF JUSTICE
                                                                                                                                                                  be submitted no later than thirty (30)
                                                    collection of information on those who                  Notice of Lodging of Proposed                         days after the publication date of this
                                                    are to respond, including through the                   Consent Decree Under the Resource                     notice. Comments may be submitted
                                                    use of appropriate automated,                           Conservation and Recovery Act                         either by email or by mail:
                                                    electronic, mechanical, or other
                                                    technological collection techniques or                     On April 25, 2017, the Department of               To submit            Send them to:
                                                    other forms of information technology,                  Justice lodged a proposed Consent                     comments:
                                                    e.g., permitting electronic submission of               Decree with the United States District
                                                                                                                                                                   By email .......    pubcomment-ees.enrd@
                                                    responses.                                              Court for the Northern District of New                                       usdoj.gov.
                                                                                                            York in the lawsuit entitled United                    By mail .........   Assistant Attorney General,
                                                    Overview of This Information                            States v. Falcon Petroleum, LLC, RGLL,
                                                    Collection                                                                                                                           U.S. DOJ–ENRD, P.O. Box
                                                                                                            Inc., and GRJH, Inc., Civil Action No.                                       7611, Washington, DC
                                                      1. Type of Information Collection:                    1:16–cv–1522.                                                                20044–7611.
                                                    Extension, without change, of a                            This settlement resolves the United
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    currently approved collection.                          States’ allegations that Falcon                         During the public comment period,
                                                      2. The Title of the Form/Collection:                  Petroleum, LLC, RGLL, Inc., and GRJH,                 the Consent Decree may be examined
                                                    ATF Adjunct Instructor Data Form.                       Inc. (‘‘Defendants’’) violated the                    and downloaded at this Justice
                                                      3. The agency form number, if any,                    Resource Conservation and Recovery                    Department Web site: http://
                                                    and the applicable component of the                     (‘‘Act’’) and its implementing                        www.usdoj.gov/enrd/Consent_
                                                    Department                                              regulations set forth at 40 CFR part 280              Decrees.html. We will provide a paper
                                                      4. sponsoring the collection:                         at eight gas stations in New York, all of             copy of the Consent Decree upon
                                                      5. Form number: ATF Form 6140.3.                      which contain underground storage                     written request and payment of


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                                                                                     Federal Register / Vol. 82, No. 81 / Friday, April 28, 2017 / Notices                                         19753

                                                    reproduction costs. Please mail your                    SUPPLEMENTARY INFORMATION:      The DOL               for this collection of information for an
                                                    request and payment to: Consent Decree                  headquarters building, the Frances                    additional three years.
                                                    Library, U.S. DOJ–ENRD, P.O. Box 7611,                  Perkins Building (FPB), has conference                  The DOL, as part of continuing efforts
                                                    Washington, DC 20044–7611.                              and meeting capabilities located in its               to reduce paperwork and respondent
                                                      Please enclose a check or money order                 public space areas that non-DOL entities              burden, conducts a pre-clearance
                                                    for $10.25 (25 cents per page                           may request to use. The Administrator                 consultation program to provide the
                                                    reproduction cost) payable to the United                of the General Services Administration                general public and Federal agencies an
                                                    States Treasury. For a paper copy                       set forth terms and conditions                        opportunity to comment on proposed
                                                    without the exhibits and signature                      delegating FPB operation to the DOL,                  and/or continuing collections of
                                                    pages, the cost is $6.75.                               Office of the Assistant Secretary for                 information before submitting them to
                                                                                                            Administration and Management                         the OMB for final approval. This
                                                    Robert E. Maher, Jr.,
                                                                                                            (OASAM). The delegation sets forth                    program helps to ensure requested data
                                                    Assistant Section Chief, Environmental                                                                        can be provided in the desired format,
                                                    Enforcement Section, Environment and                    conditions authorizing the DOL to issue
                                                                                                            occasional use permits for FPB public                 reporting burden (time and financial
                                                    Natural Resources Division.
                                                                                                            space. The delegation is also subject to              resources) is minimized, collection
                                                    [FR Doc. 2017–08651 Filed 4–27–17; 8:45 am]
                                                                                                            applicable standard operating                         instruments are clearly understood, and
                                                    BILLING CODE 4410–15–P
                                                                                                            procedures for Government-owned real                  the impact of collection requirements
                                                                                                            properties. More specifically, the DOL                can be properly assessed. Interested
                                                                                                                                                                  parties are encouraged to provide
                                                                                                            may only issue occasional use permits
                                                                                                                                                                  comments to the contact shown in the
                                                    DEPARTMENT OF LABOR                                     to organizations engaging in cultural,
                                                                                                                                                                  ADDRESSES section. Comments must be
                                                                                                            educational, or recreational activities.
                                                    Office of the Assistant Secretary for                                                                         written to receive consideration, and
                                                                                                            These permits are generally not
                                                    Administration and Management                                                                                 they will be summarized and included
                                                                                                            available for commercial purposes. Any
                                                                                                                                                                  in the request for OMB approval of the
                                                                                                            person or organization wishing to use a
                                                    Agency Information Collection                                                                                 ICR. Submitted comments will also be a
                                                                                                            FPB public area must file a permit
                                                    Activities; Comment Request;                                                                                  matter of public record for this ICR and
                                                                                                            application with the DOL Conference                   posted on the Internet, without
                                                    Application for Use of Public Space by                  Rooms and Services Center. Applicants
                                                    Non-DOL Agencies in the Frances                                                                               redaction. The DOL encourages
                                                                                                            must submit the following information:                commenters not to include personally
                                                    Perkins Building                                        (a) Applicant’s full name, mailing                    identifiable information, confidential
                                                    ACTION:   Notice.                                       address, and telephone number; (b)                    business data, or other sensitive
                                                                                                            organization sponsoring the proposed                  information in any comments.
                                                    SUMMARY:    The Department of Labor                     activity; (c) individual(s) responsible for             The DOL is particularly interested in
                                                    (DOL) is soliciting comments                            supervising the activity; (d)                         comments that:
                                                    concerning an Information Collection                    documentation showing the applicant is                  • Evaluate whether the proposed
                                                    Request (ICR) proposing to extend                       authorized to represent the sponsoring                collection of information is necessary
                                                    Paperwork Reduction Act of 1995                         organization; and (e) a description of the            for the proper performance of the
                                                    (PRA), authority to conduct the                         proposed activity, including dates and                functions of the agency, including
                                                    information collection titled,                          times during which it is to be conducted              whether the information will have
                                                    ‘‘Application for Use of Public Space by                and the number of persons to be                       practical utility;
                                                    Non-DOL Agencies in the Frances                         involved. OASAM policies and                            • Evaluate the accuracy of the
                                                    Perkins Building.’’ This comment                        procedures concerning FPB public                      agency’s estimate of the burden of the
                                                    request is part of continuing                           space are set forth in DOL Manual                     proposed collection of information,
                                                    Departmental efforts to reduce                          Series section 2–510 and an                           including the validity of the
                                                    paperwork and respondent burden.                        application—Form DL–1–6062B,                          methodology and assumptions used;
                                                    DATES: Submit written comments on or                    Application for Use of Public Space by                  • Enhance the quality, utility, and
                                                    before June 27, 2017.                                   Non-DOL Agencies in the Frances                       clarity of the information to be
                                                    ADDRESSES: Contact Michel Smyth by                      Perkins Building.                                     collected; and
                                                                                                                                                                    • Minimize the burden of the
                                                    telephone at 202–693–4129 (this is not                     This information collection is subject
                                                                                                                                                                  collection of information on those who
                                                    a toll-free number) to request a free copy              to the PRA. A Federal agency generally
                                                                                                                                                                  are to respond, including through the
                                                    of this ICR that includes applicable                    cannot conduct or sponsor a collection
                                                                                                                                                                  use of appropriate automated,
                                                    supporting documentation providing a                    of information, and the public is
                                                                                                                                                                  electronic, mechanical, or other
                                                    description of the likely respondents,                  generally not required to respond to an
                                                                                                                                                                  technological collection techniques or
                                                    proposed frequency of response, and                     information collection, unless it is
                                                                                                                                                                  other forms of information technology,
                                                    estimated total burden. Submit written                  approved by the Office of Management
                                                                                                                                                                  e.g., permitting electronic submission of
                                                    comments about, or requests for a copy                  and Budget (OMB) under the PRA and                    responses.
                                                    of, this ICR by mail or courier to the                  displays a currently valid OMB Control                  Agency: DOL–OASAM.
                                                    U.S. Department of Labor—OASAM,                         Number. In addition, notwithstanding                    Type of Review: Extension without
                                                    Office of the Chief Information Officer,                any other provisions of law, no person                change of a currently approved
                                                    Attn: Information Policy and                            shall generally be subject to penalty for
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                  collection.
                                                    Assessment Program, Room N1301, 200                     failing to comply with a collection of                  Title of Collection: Application for
                                                    Constitution Avenue NW., Washington,                    information if the collection of                      Use of Public Space by Non-DOL
                                                    DC 20210; or by email: DOL_PRA_                         information does not display a valid                  Agencies in the Frances Perkins
                                                    PUBLIC@dol.gov.                                         Control Number. See 5 CFR 1320.5(a)                   Building.
                                                    FOR FURTHER INFORMATION CONTACT:                        and 1320.6. The DOL obtains OMB                         Form: Application for Use of Public
                                                    Michel Smyth by telephone at 202–693–                   approval for this information collection              Space by Non-DOL Agencies in the
                                                    4129 (this is not a toll-free number) or                under Control Number 1225–0087. The                   Frances Perkins Building (Form DL–1–
                                                    by email at DOL_PRA_PUBLIC@dol.gov.                     DOL intends to seek continued approval                6062B).


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Document Created: 2017-04-28 03:02:12
Document Modified: 2017-04-28 03:02:12
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 Citation82 FR 19752 

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