82 FR 42838 - Notice of Lodging of Proposed Second Modification to Consent Decree Under The Clean Air Act
DEPARTMENT OF JUSTICE Federal Register Volume 82, Issue 175 (September 12, 2017)
Federal Register Volume 82, Issue 175 (September 12, 2017)
| Page Range | 42838-42838 | |
| FR Document | 2017-19332 |
[Federal Register Volume 82, Number 175 (Tuesday, September 12, 2017)] [Notices] [Page 42838] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-19332] ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Second Modification to Consent Decree Under The Clean Air Act On August 31, 2017, the Department of Justice lodged a proposed second modification to consent decree with the United States District Court for the Southern District of West Virginia in the lawsuit entitled United States v. Bayer CropScience LP, Civil Action No. 2:15- cv-13331. The United States filed this lawsuit under the Clean Air Act. The United States' complaint alleges that Bayer CropScience violated section 112(r) of the Clean Air Act, 42 U.S.C. 7412(r), which addresses the prevention of accidental releases. The claims arise out of a 2008 explosion at the Methomyl production unit at Bayer CropScience's plant in Institute, West Virginia. The original consent decree, which was entered by the court on August 9, 2016, required the defendant, Bayer CropScience LP, to pay a civil penalty of $975,000, to perform injunctive relief to reduce the likelihood of future accidents at the Institute Plant and several other chemical processing plants, and to perform supplemental environmental projects valued collectively at $4.23 million. The proposed modification replaces one of the supplemental environmental projects, which entailed expanding a wastewater sump, with another project that entails purchasing emergency response equipment. As a result, the total cost of the supplemental environmental projects will decrease to $3.05 million. The publication of this notice opens a period for public comment on the proposed second modification to consent decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. Bayer CropScience LP, D.J. Ref. No. 90-5-2-1-10802. 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: https://www.justice.gov/enrd/consent-decrees/. We will provide a paper copy of 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. Please enclose a check or money order for $6.75 (25 cents per page reproduction cost) payable to the United States Treasury. Robert D. Brook, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2017-19332 Filed 9-11-17; 8:45 am] BILLING CODE 4410-15-P
![42838 Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices
We will provide a paper copy of the Resources Division, and should refer to ADDRESSES: A copy of this ICR with
consent decrees upon written request United States v. Bayer CropScience LP, applicable supporting documentation;
and payment of reproduction costs. D.J. Ref. No. 90–5–2–1–10802. All including a description of the likely
Please mail your request and payment comments must be submitted no later respondents, proposed frequency of
to: Consent Decree Library, U.S. DOJ— than thirty (30) days after the response, and estimated total burden
ENRD, P.O. Box 7611, Washington, DC publication date of this notice. may be obtained free of charge from the
20044–7611. Comments may be submitted either by RegInfo.gov Web site at http://
Please enclose a check or money order email or by mail: www.reginfo.gov/public/do/
for $16.50 for the Consent Decree (25 PRAViewICR?ref_nbr=201706-1219-004
cents per page reproduction cost) To submit Send them to: (this link will only become active on the
payable to the United States Treasury. comments:
day following publication of this notice)
Henry Friedman, By email ....... pubcomment-ees.enrd@ or by contacting Michel Smyth by
Assistant Section Chief, Environmental usdoj.gov. telephone at 202–693–4129, TTY 202–
Enforcement Section, Environment and By mail ......... Assistant Attorney General, 693–8064, (these are not toll-free
Natural Resources Division. U.S. DOJ—ENRD, P.O. numbers) or by email at DOL_PRA_
[FR Doc. 2017–19300 Filed 9–11–17; 8:45 am]
Box 7611, Washington, DC PUBLIC@dol.gov.
20044–7611. Submit comments about this request
BILLING CODE 4410–15–P
by mail or courier to the Office of
During the public comment period, Information and Regulatory Affairs,
the consent decree may be examined Attn: OMB Desk Officer for DOL–
DEPARTMENT OF JUSTICE
and downloaded at this Justice MSHA, Office of Management and
Notice of Lodging of Proposed Second Department Web site: https:// Budget, Room 10235, 725 17th Street
Modification to Consent Decree Under www.justice.gov/enrd/consent-decrees/. NW., Washington, DC 20503; by Fax:
The Clean Air Act We will provide a paper copy of the 202–395–5806 (this is not a toll-free
consent decree upon written request number); or by email: OIRA_
On August 31, 2017, the Department and payment of reproduction costs. submission@omb.eop.gov. Commenters
of Justice lodged a proposed second Please mail your request and payment are encouraged, but not required, to
modification to consent decree with the to: Consent Decree Library, U.S. DOJ— send a courtesy copy of any comments
United States District Court for the ENRD, P.O. Box 7611, Washington, DC by mail or courier to the U.S.
Southern District of West Virginia in the 20044–7611.
lawsuit entitled United States v. Bayer Department of Labor–OASAM, Office of
Please enclose a check or money order the Chief Information Officer, Attn:
CropScience LP, Civil Action No. 2:15– for $6.75 (25 cents per page
cv–13331. Departmental Information Compliance
reproduction cost) payable to the United Management Program, Room N1301,
The United States filed this lawsuit States Treasury.
under the Clean Air Act. The United 200 Constitution Avenue NW.,
States’ complaint alleges that Bayer Robert D. Brook, Washington, DC 20210; or by email:
CropScience violated section 112(r) of Assistant Section Chief, Environmental DOL_PRA_PUBLIC@dol.gov.
the Clean Air Act, 42 U.S.C. 7412(r), Enforcement Section, Environment and FOR FURTHER INFORMATION CONTACT:
which addresses the prevention of Natural Resources Division. Michel Smyth by telephone at 202–693–
accidental releases. The claims arise out [FR Doc. 2017–19332 Filed 9–11–17; 8:45 am] 4129, TTY 202–693–8064, (these are not
of a 2008 explosion at the Methomyl BILLING CODE 4410–15–P toll-free numbers) or by email at DOL_
production unit at Bayer CropScience’s PRA_PUBLIC@dol.gov.
plant in Institute, West Virginia. The SUPPLEMENTARY INFORMATION: This ICR
original consent decree, which was DEPARTMENT OF LABOR seeks to extend PRA authority for the
entered by the court on August 9, 2016, Hoist Operators’ Physical Fitness
required the defendant, Bayer Office of the Secretary information collection requirements
CropScience LP, to pay a civil penalty Agency Information Collection codified in regulations 30 CFR 56.19057
of $975,000, to perform injunctive relief Activities; Submission for OMB and 57.19057 that require the annual
to reduce the likelihood of future Review; Comment Request; Hoist examination and certification of a hoist
accidents at the Institute Plant and Operators’ Physical Fitness operator’s fitness by a qualified,
several other chemical processing licensed physician that includes
plants, and to perform supplemental ACTION:Notice of availability; request documentation and recordkeeping
environmental projects valued for comments. requirements. The safety of all metal
collectively at $4.23 million. The and nonmetal miners riding hoist
proposed modification replaces one of SUMMARY: The Department of Labor conveyances is largely dependent upon
the supplemental environmental (DOL) is submitting the Mine Safety and the attentiveness and physical
projects, which entailed expanding a Health Administration (MSHA) capabilities of the hoist operator.
wastewater sump, with another project sponsored information collection Improper movements, over-speed, and
that entails purchasing emergency request (ICR) titled, ‘‘Hoist Operators’ over-travel of a hoisting conveyance can
response equipment. As a result, the Physical Fitness’’ to the Office of result in serious physical harm or death
total cost of the supplemental Management and Budget (OMB) for to all passengers. Federal Mine Safety
pmangrum on DSK3GDR082PROD with NOTICES1
environmental projects will decrease to review and approval for continued use, and Health Act of 1977 sections 101(a)
$3.05 million. without change, in accordance with the and 103(h) authorize this information
The publication of this notice opens Paperwork Reduction Act of 1995 collection. See 30 U.S.C. 811(a) and
a period for public comment on the (PRA). Public comments on the ICR are 813(h).
proposed second modification to invited. This information collection is subject
consent decree. Comments should be DATES: The OMB will consider all to the PRA. A Federal agency generally
addressed to the Assistant Attorney written comments that agency receives cannot conduct or sponsor a collection
General, Environment and Natural on or before October 12, 2017. of information, and the public is
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Document Created: 2018-10-24 14:16:05
Document Modified: 2018-10-24 14:16:05
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 82 FR 42838 |
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