82_FR_7872 82 FR 7859 - Notice of Lodging of Proposed Consent Decree Under the Resource Conservation and Recovery Act

82 FR 7859 - Notice of Lodging of Proposed Consent Decree Under the Resource Conservation and Recovery Act

DEPARTMENT OF JUSTICE

Federal Register Volume 82, Issue 13 (January 23, 2017)

Page Range7859-7860
FR Document2017-01348

Federal Register, Volume 82 Issue 13 (Monday, January 23, 2017)
[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Notices]
[Pages 7859-7860]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01348]


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DEPARTMENT OF JUSTICE


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

    On January 12, 2017, the Department of Justice and the State of 
Louisiana on behalf of the Louisiana Department of Environmental 
Quality (``LDEQ'') filed a Complaint and lodged a proposed Consent 
Decree with the United States District Court for the Middle District of 
Louisiana in the matter of United States of America and Louisiana 
Department of Environmental Quality vs. Innophos, Inc., Civil Action 
No. 17-26-SDD-RLB (M.D. La.).
    In the Complaint filed in this action, the United States and LDEQ 
sought injunctive relief and civil penalties against Innophos, Inc. 
(``Innophos'') for violations of the Resource Conservation and Recovery 
Act (``RCRA''), 42 U.S.C. 6901-6992k, at Innophos's purified phosphoric 
acid manufacturing facility near Geismar, Louisiana. The Complaint 
alleged that Innophos routinely generated two hazardous wastes, 
Raffinate and RP Pondwater, and sent them to an adjacent facility for 
disposal; the receiving facility was not authorized to dispose of 
hazardous waste. LDEQ is a co-plaintiff and has brought its own claims 
under state law.
    The proposed Consent Decree memorializes that Innophos has already 
corrected the violations related to RP Pondwater. Innophos also agrees 
in the Consent Decree to handle Raffinate appropriately, either by 
disposing of it in a permitted hazardous waste Underground Injection 
Control well system, by treating it on-site, or by shipping it to a 
permitted hazardous waste treatment, storage, and disposal

[[Page 7860]]

facility. The Consent Decree also provides that Innophos will pay a 
$1,398,000 civil penalty, half of which will be payable to the United 
States and half to LDEQ.
    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 of America and Louisiana Department of 
Environmental Quality vs. Innophos, Inc.., D.J. Ref. No. 90-7-1-08688. 
All comments must be submitted no later than forty-five (45) 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 e-mail.................................  [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.usdoj.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 $11.25 (25 cents per page 
reproduction cost) for the Consent Decree, payable to the United States 
Treasury.

Thomas P. Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2017-01348 Filed 1-19-17; 8:45 am]
 BILLING CODE 4410-15-P



                                                                                Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices                                                        7859

                                                  written submissions, except for                         DEPARTMENT OF JUSTICE                                          Controlled              Drug     Schedule
                                                  confidential business information, will                                                                                substance               code
                                                  be made available for inspection by                     Drug Enforcement Administration
                                                                                                                                                                 Methylphenidate .......           1724   II
                                                  interested parties.
                                                                                                                                                                 Fentanyl ....................     9801   II
                                                     The Commission may include some or                   [Docket No. DEA–392]
                                                  all of the confidential business                                                                                  The company plans to import the
                                                                                                          Importer of Controlled Substances
                                                  information submitted in the course of                                                                         listed controlled substances in finished
                                                                                                          Application: Mylan Technologies, Inc.
                                                  this investigation in the report it sends                                                                      dosage form (FDF) from foreign sources
                                                  to the USTR. Additionally, all                                                                                 for analytical testing and clinical trials
                                                                                                          ACTION:   Notice of application.
                                                  information, including confidential                                                                            in which the foreign FDF will be
                                                  business information, submitted in this                                                                        compared to the company’s own
                                                                                                          DATES:  Registered bulk manufacturers of               domestically-manufactured FDF. This
                                                  investigation may be disclosed to and                   the affected basic classes, and
                                                  used: (i) By the Commission, its                                                                               analysis is required to allow the
                                                                                                          applicants therefore, may file written                 company to export domestically-
                                                  employees and Offices, and contract                     comments on or objections to the
                                                  personnel (a) for developing or                                                                                manufactured FDF to foreign markets.
                                                                                                          issuance of the proposed registration in
                                                  maintaining the records of this or a                    accordance with 21 CFR 1301.34(a) on                     Dated: October 22, 2016.
                                                  related proceeding, or (b) in internal                  or before February 22, 2017. Such                      Louis J. Milione,
                                                  investigations, audits, reviews, and                    persons may also file a written request                Assistant Administrator.
                                                  evaluations relating to the programs,                   for a hearing on the application                       [FR Doc. 2017–01305 Filed 1–19–17; 8:45 am]
                                                  personnel, and operations of the                        pursuant to 21 CFR 1301.43 on or before                BILLING CODE 4410–09–P
                                                  Commission including under 5 U.S.C.                     February 22, 2017.
                                                  Appendix 3; or (ii) by U.S. government                  ADDRESSES:   Written comments should
                                                  employees and contract personnel (a)                                                                           DEPARTMENT OF JUSTICE
                                                                                                          be sent to: Drug Enforcement
                                                  for cybersecurity purposes or (b) in                    Administration, Attention: DEA Federal
                                                  monitoring user activity on U.S.                                                                               Notice of Lodging of Proposed
                                                                                                          Register Representative/DRW, 8701                      Consent Decree Under the Resource
                                                  government classified networks. The                     Morrissette Drive, Springfield, Virginia               Conservation and Recovery Act
                                                  Commission will not otherwise disclose                  22152. All requests for hearing must be
                                                  any confidential business information in                sent to: Drug Enforcement                                 On January 12, 2017, the Department
                                                  a manner that would reveal the                          Administration, Attn: Administrator,                   of Justice and the State of Louisiana on
                                                  operations of the firm supplying the                    8701 Morrissette Drive, Springfield,                   behalf of the Louisiana Department of
                                                  information.                                            Virginia 22152. All requests for hearing               Environmental Quality (‘‘LDEQ’’) filed a
                                                                                                          should also be sent to: (1) Drug                       Complaint and lodged a proposed
                                                     Summaries of Written Submissions:
                                                                                                          Enforcement Administration, Attn:                      Consent Decree with the United States
                                                  The Commission intends to publish
                                                                                                          Hearing Clerk/LJ, 8701 Morrissette                     District Court for the Middle District of
                                                  summaries of the positions of interested                                                                       Louisiana in the matter of United States
                                                  persons. Persons wishing to have a                      Drive, Springfield, Virginia 22152; and
                                                                                                          (2) Drug Enforcement Administration,                   of America and Louisiana Department
                                                  summary of their position included in                                                                          of Environmental Quality vs. Innophos,
                                                  the report should include a summary                     Attn: DEA Federal Register
                                                                                                          Representative/DRW, 8701 Morrissette                   Inc., Civil Action No. 17–26–SDD–RLB
                                                  with their written submission. The                                                                             (M.D. La.).
                                                                                                          Drive, Springfield, Virginia 22152.
                                                  summary may not exceed 500 words,                                                                                 In the Complaint filed in this action,
                                                  should be in MSWord format or a format                  SUPPLEMENTARY INFORMATION:      The                    the United States and LDEQ sought
                                                  that can be easily converted to MSWord,                 Attorney General has delegated her                     injunctive relief and civil penalties
                                                  and should not include any confidential                 authority under the Controlled                         against Innophos, Inc. (‘‘Innophos’’) for
                                                  business information. The summary will                  Substances Act to the Administrator of                 violations of the Resource Conservation
                                                  be published as provided if it meets                    the Drug Enforcement Administration                    and Recovery Act (‘‘RCRA’’), 42 U.S.C.
                                                  these requirements and is germane to                    (DEA), 28 CFR 0.100(b). Authority to                   6901–6992k, at Innophos’s purified
                                                  the subject matter of the investigation.                exercise all necessary functions with                  phosphoric acid manufacturing facility
                                                  The Commission will identify the name                   respect to the promulgation and                        near Geismar, Louisiana. The Complaint
                                                                                                          implementation of 21 CFR part 1301,                    alleged that Innophos routinely
                                                  of the organization furnishing the
                                                                                                          incident to the registration of                        generated two hazardous wastes,
                                                  summary and will include a link to the
                                                                                                          manufacturers, distributors, dispensers,               Raffinate and RP Pondwater, and sent
                                                  Commission’s Electronic Document
                                                                                                          importers, and exporters of controlled                 them to an adjacent facility for disposal;
                                                  Information System (EDIS) where the                     substances (other than final orders in
                                                  full written submission can be found.                                                                          the receiving facility was not authorized
                                                                                                          connection with suspension, denial, or                 to dispose of hazardous waste. LDEQ is
                                                    By order of the Commission.                           revocation of registration) has been                   a co-plaintiff and has brought its own
                                                    Issued: January 17, 2017.                             redelegated to the Assistant                           claims under state law.
                                                  Lisa R. Barton,                                         Administrator of the DEA Diversion                        The proposed Consent Decree
                                                                                                          Control Division (‘‘Assistant                          memorializes that Innophos has already
                                                  Secretary to the Commission.
                                                                                                          Administrator’’) pursuant to section 7 of              corrected the violations related to RP
                                                  [FR Doc. 2017–01401 Filed 1–19–17; 8:45 am]
                                                                                                          28 CFR part 0, appendix to subpart R.                  Pondwater. Innophos also agrees in the
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                                                  BILLING CODE 7020–02–P
                                                                                                            In accordance with 21 CFR                            Consent Decree to handle Raffinate
                                                                                                          1301.34(a), this is notice that on October             appropriately, either by disposing of it
                                                                                                          31, 2016, Mylan Technologies, Inc., 110                in a permitted hazardous waste
                                                                                                          Lake Street, Saint Albans, Vermont                     Underground Injection Control well
                                                                                                          05478 applied to be registered as an                   system, by treating it on-site, or by
                                                                                                          importer of the following basic classes                shipping it to a permitted hazardous
                                                                                                          of controlled substances:                              waste treatment, storage, and disposal


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                                                  7860                              Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices

                                                  facility. The Consent Decree also                          SUMMARY:     In accordance with the                    States that provides for appropriate
                                                  provides that Innophos will pay a                          Judicial Redress Act of 2015, relating to              privacy protections for information
                                                  $1,398,000 civil penalty, half of which                    the extension of certain Privacy Act                   shared for the purpose of preventing,
                                                  will be payable to the United States and                   remedies to citizens of designated                     investigating, detecting, or prosecuting
                                                  half to LDEQ.                                              countries, notice is given that the                    criminal offenses; to wit, the DPPA;
                                                     The publication of this notice opens                    Attorney General has designated 26                        (2) The Attorney General has
                                                  a period for public comment on the                         countries and 1 regional economic                      determined that the country or regional
                                                  Consent Decree. Comments should be                         integration organization, as set forth                 economic integration organization, or
                                                  addressed to the Assistant Attorney                        below, as ‘‘covered countries.’’ Notice is             member country of such organization,
                                                  General, Environment and Natural                           also given that the United States                      permits the transfer of personal data for
                                                  Resources Division, and should refer to                    anticipates designating additional EU                  commercial purposes between the
                                                  United States of America and Louisiana                     member countries as soon as                            territory of that country or regional
                                                  Department of Environmental Quality                        practicable. In addition, notice is given              economic organization and the territory
                                                  vs. Innophos, Inc.., D.J. Ref. No. 90–7–                   that the Attorney General has                          of the United States, through an
                                                  1–08688. All comments must be                              designated four Federal agencies and                   agreement with the United States or
                                                  submitted no later than forty-five (45)                    nine components of other Federal                       otherwise;
                                                  days after the publication date of this                    agencies, as set forth below, as                          (3) The Attorney General has certified
                                                  notice. Comments may be submitted                          ‘‘designated Federal agencies or                       that the policies regarding the transfer of
                                                  either by email or by mail:                                components.’’                                          personal data for commercial purposes
                                                                                                             DATES: The designations herein are                     and related actions of the countries and
                                                  To submit comments:              Send them to:             effective on February 1, 2017, the date                the regional economic integration
                                                                                                             of entry into force of the U.S.-EU Data                organization, or member countries of
                                                  By e-mail ...................    pubcomment-
                                                                                     ees.enrd@               Protection and Privacy Agreement.                      such organization, listed below, do not
                                                                                     usdoj.gov.              FOR FURTHER INFORMATION CONTACT:                       materially impede the national security
                                                  By mail ......................   Assistant Attorney        Kenneth Harris, Acting Deputy Director,                interests of the United States; and
                                                                                     General, U.S.           Office of International Affairs, Criminal                 (4) The Attorney General has obtained
                                                                                     DOJ—ENRD, P.O.          Division, United States Department of                  the concurrence of the Secretary of
                                                                                     Box 7611, Wash-         Justice, 1301 New York Avenue, Suite                   State, the Secretary of the Treasury, and
                                                                                     ington, DC 20044–                                                              the Secretary of Homeland Security to
                                                                                                             900, Washington, DC 20005, 202–514–
                                                                                     7611.                                                                          designate the following regional
                                                                                                             0080.
                                                                                                                                                                    economic integration organization and
                                                    During the public comment period,                        SUPPLEMENTARY INFORMATION: On
                                                                                                                                                                    countries as a ‘‘covered country’’:
                                                  the Consent Decree may be examined                         December 2, 2016, the European Union                      (a) Designation as a ‘‘covered
                                                  and downloaded at this Justice                             (the ‘‘EU’’) undertook the final steps                 country.’’ The following regional
                                                  Department Web site: https://                              necessary under EU law to approve an                   economic integration organization and
                                                  www.usdoj.gov/enrd/consent-decrees.                        executive agreement between the United                 countries have each been designated as
                                                  We will provide a paper copy of the                        States (the ‘‘U.S.’’) and the EU (the                  a ‘‘covered country,’’ effective on
                                                  Consent Decree upon written request                        ‘‘Parties’’) relating to privacy protections           February 1, 2017, the date of the DPPA’s
                                                  and payment of reproduction costs.                         for personal information transferred                   entry into force:
                                                  Please mail your request and payment                       between the U.S., the EU, and the EU                      1. European Union;
                                                  to: Consent Decree Library, U.S. DOJ—                      Member States for the prevention,                         2. Austria;
                                                  ENRD, P.O. Box 7611, Washington, DC                        detection, investigation, or prosecution                  3. Belgium;
                                                  20044–7611.                                                of criminal offenses. The Agreement,                      4. Bulgaria;
                                                    Please enclose a check or money order                    commonly known in the United States                       5. Croatia;
                                                  for $11.25 (25 cents per page                              as the Data Protection and Privacy                        6. Republic of Cyprus;
                                                  reproduction cost) for the Consent                         Agreement (the ‘‘DPPA’’), establishes a                   7. Czech Republic;
                                                  Decree, payable to the United States                       set of protections that the Parties are to                8. Estonia;
                                                  Treasury.                                                  apply to personal information                             9. Finland;
                                                  Thomas P. Carroll,
                                                                                                             exchanged for the purpose of                              10. France;
                                                                                                             preventing, detecting, investigating, or                  11. Germany;
                                                  Assistant Section Chief, Environmental
                                                  Enforcement Section, Environment and
                                                                                                             prosecuting criminal offenses. Article 19                 12. Greece;
                                                  Natural Resources Division.                                of the DPPA establishes an obligation                     13. Hungary;
                                                  [FR Doc. 2017–01348 Filed 1–19–17; 8:45 am]
                                                                                                             for the Parties to provide, in their                      14. Ireland;
                                                                                                             domestic law, specific judicial redress                   15. Italy;
                                                  BILLING CODE 4410–15–P
                                                                                                             rights to each other’s citizens. The                      16. Latvia;
                                                                                                             Judicial Redress Act, Public Law 114–                     17. Lithuania;
                                                  DEPARTMENT OF JUSTICE                                      126, 130 Stat. 282 (5 U.S.C. 552a note),                  18. Luxembourg;
                                                                                                             is implementing legislation for Article                   19. Malta;
                                                  [Attorney General Order No. 3824–2017]                     19.                                                       20. Netherlands;
                                                                                                                                                                       21. Poland;
                                                  Judicial Redress Act of 2015; Attorney                     Determinations and Designations                           22. Portugal;
                                                  General Designations                                       Pursuant to Section 2(d)(1)
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                                                                                                                                                                       23. Romania;
                                                  AGENCY:  Office of the Attorney General;                     For purposes of implementing section                    24. Slovakia;
                                                  United States Department of Justice.                       2(d)(1) of the Judicial Redress Act:                      25. Slovenia;
                                                                                                               (1) The Attorney General has                            26. Spain; and
                                                  ACTION: Notice of designation by the
                                                                                                             determined that the countries and the                     27. Sweden.
                                                  Attorney General of ‘‘covered countries’’
                                                                                                             regional economic integration                             (b) Anticipated designation as a
                                                  and ‘‘designated Federal agencies or
                                                                                                             organization listed below have entered                 ‘‘covered country’’ as soon as
                                                  components’’.
                                                                                                             into an agreement with the United                      practicable. With respect to three


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Document Created: 2017-01-20 01:30:34
Document Modified: 2017-01-20 01:30:34
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 7859 

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