82 FR 7861 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

DEPARTMENT OF JUSTICE

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

Page Range		7861-7862
FR Document		2017-01255

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

[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Notices]
[Pages 7861-7862]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01255]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean 
Water Act

    On January 13, 2017, the Department of Justice lodged a Consent 
Decree with the United States District Court for the District of 
Columbia to resolve a claim under Section 309(b) and (d) of the Clean 
Water Act, 33 U.S.C. 1319(b) and (d) filed against Potomac Electric 
Power Company (Pepco) in United States et al. v. Pepco, Civil Action 
No. 1:15-cv-01845, in which the United States alleged violations of the 
effluent limitations for metals and total suspended solids in Pepco's 
National Pollutant Discharge Elimination System (``NPDES'') permit for 
Pepco's Benning Street facility. The proposed consent decree obligates 
Pepco to put into place best management practices to address its 
stormwater discharges, including stormwater control devices to be 
inserted into drains and inlets; regular inspections and housekeeping; 
maintenance; training, and similar measures. Pepco also will design and 
install in-pipe treatment systems in targeted areas, to be put into 
place no later than December 31, 2017. Under the consent decree, Pepco 
also will pay a civil penalty of $1.6 million, and design and perform a 
mitigation project to eliminate discharges from Outfall 101. If Pepco 
fails to implement the mitigation project, it must pay a stipulated 
penalty of $500,000.
    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 et al. v. Pepco, Civil Action No. 1:15-
cv-01845, DOJ number 90-5-1-1-11336. 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:

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         To submit comments:                     Send them to:
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By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, D.C. 20044-7611.
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    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 $ 16.00 (25 cents per 
page reproduction cost) payable to the United States Treasury. For a 
paper copy

[[Page 7862]]

without the exhibits and signature pages, the cost is $15.00.

Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2017-01255 Filed 1-19-17; 8:45 am]
 BILLING CODE 4410-15-P

Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices 7861

countries, Denmark, Ireland, and the 3. Alcohol and Tobacco Tax and (d) filed against Potomac Electric Power
United Kingdom, Article 27 of the DPPA Trade Bureau, United States Department Company (Pepco) in United States et al.
excludes them from coverage unless the of the Treasury; v. Pepco, Civil Action No. 1:15-cv-
European Commission notifies the 4. Financial Crimes Enforcement 01845, in which the United States
United States that Denmark, Ireland, or Network, Department of the Treasury; alleged violations of the effluent
the United Kingdom has decided that 5. Internal Revenue Service, Division limitations for metals and total
the DPPA applies to its State. The EU of Criminal Investigation, Department of suspended solids in Pepco’s National
has notified the United States that the Treasury; Pollutant Discharge Elimination System
Ireland has agreed that the DPPA 6. Office of Foreign Assets Control, (‘‘NPDES’’) permit for Pepco’s Benning
applies to it, and Ireland has been United States Department of the Street facility. The proposed consent
designated as a ‘‘covered country’’ Treasury; decree obligates Pepco to put into place
above. With respect to Denmark and the 7. Office of the Inspector General, best management practices to address its
United Kingdom, the Department of United States Department of the stormwater discharges, including
Justice intends to move promptly to Treasury; stormwater control devices to be
designate each of those countries as a 8. Office of the Treasury Inspector inserted into drains and inlets; regular
‘‘covered country’’ on receiving notice, General for Tax Administration, United inspections and housekeeping;
in accordance with the provisions of States Department of the Treasury; and maintenance; training, and similar
Article 27 of the DPPA, that the country 9. Special Inspector General for the measures. Pepco also will design and
has decided that the DPPA applies to it. Troubled Asset Relief Program, United install in-pipe treatment systems in
States Department of the Treasury. targeted areas, to be put into place no
Determinations and Designations
Pursuant to Section 2(e)(1) Scope of EU Designation later than December 31, 2017. Under the
consent decree, Pepco also will pay a
For purposes of implementing section Designation of the European Union as
civil penalty of $1.6 million, and design
2(e) of the Judicial Redress Act: a ‘‘covered country’’ is intended to
and perform a mitigation project to
(1) The Attorney General has ensure that records transferred by
eliminate discharges from Outfall 101. If
determined that information exchanged European Union institutional
Pepco fails to implement the mitigation
by the Federal agencies or components components, such as Europol, Eurojust,
project, it must pay a stipulated penalty
listed below with the above-designated and OLAF (the European Antifraud
of $500,000.
countries and regional economic Office), are treated as ‘‘covered records’’
pursuant to section 2(h)(4) of the The publication of this notice opens
integration organization is within the a period for public comment on the
scope of the DPPA; Judicial Redress Act. Designation of the
European Union as a ‘‘covered country’’ Consent Decree. Comments should be
(2) The Attorney General has obtained addressed to the Assistant Attorney
the concurrence of the head of the is not intended to, and does not,
constitute designation of its member General, Environment and Natural
relevant agency, or of the head of the Resources Division, and should refer to
agency to which the component states as covered countries.
United States et al. v. Pepco, Civil
belongs, as needed, for the following Non-Retroactivity Action No. 1:15-cv-01845, DOJ number
‘‘designated Federal agency or 90–5–1–1–11336. All comments must be
It is intended that no cause of action
component’’ designations: submitted no later than 30 days after the
shall be afforded by the Judicial Redress
(a) Designation of Federal agencies as Act retroactively with respect to any publication date of this notice.
a ‘‘designated Federal agency or record transferred prior to the date of Comments may be submitted either by
component.’’ The following Federal the DPPA’s entry into force on February email or by mail:
agencies, and all of their respective 1, 2017.
components, have each been designated To submit
as a ‘‘designated Federal agency or Non-Reviewable Determination Send them to:
comments:
component,’’ effective on February 1, In accordance with section 2(f) of the
2017, the date of the DPPA’s entry into Judicial Redress Act, the determinations By email ....... pubcomment-ees.enrd@
force: usdoj.gov.
by the Attorney General described in
1. United States Department of By mail ......... Assistant Attorney General,
this notice shall not be subject to
Justice; U.S. DOJ—ENRD, P.O.
judicial or administrative review. Box 7611, Washington,
2. United States Department of
Dated: January 17, 2017. D.C. 20044–7611.
Homeland Security;
3. United States Securities and Loretta E. Lynch,
Exchange Commission; and Attorney General. During the public comment period,
4. United States Commodity Futures [FR Doc. 2017–01381 Filed 1–19–17; 8:45 am] the Consent Decree may be examined
Trading Commission. BILLING CODE 4410–14–P and downloaded at this Justice
(b) Designation of individual Department Web site: https://
components of Federal agencies as a www.justice.gov/enrd/consent-decrees.
‘‘designated Federal agency or DEPARTMENT OF JUSTICE We will provide a paper copy of the
component.’’ The following components Consent Decree upon written request
Notice of Lodging of Proposed and payment of reproduction costs.
of a Federal agency have each been
Consent Decree Under the Clean Water Please mail your request and payment
designated as a ‘‘designated Federal
mstockstill on DSK3G9T082PROD with NOTICES

Act to: Consent Decree Library, U.S. DOJ—
agency or component,’’ effective on
February 1, 2017, the date of the DPPA’s On January 13, 2017, the Department ENRD, P.O. Box 7611, Washington, DC
entry into force: of Justice lodged a Consent Decree with 20044–7611.
1. Bureau of Diplomatic Security, the United States District Court for the Please enclose a check or money order
United States Department of State; District of Columbia to resolve a claim for $ 16.00 (25 cents per page
2. Office of the Inspector General, under Section 309(b) and (d) of the reproduction cost) payable to the United
United States Department of State; Clean Water Act, 33 U.S.C. 1319(b) and States Treasury. For a paper copy

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7862 Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices

without the exhibits and signature and maintenance of specially- In this action under 42 U.S.C. 300f et
pages, the cost is $15.00. engineered sediment containment caps seq. of the Safe Drinking Water Act
installed in some portions of the river. (‘‘SDWA’’) and the regulations
Robert Brook,
The United States and the State also promulgated thereunder at 40 CFR part
Assistant Section Chief, Environmental
Enforcement Section, Environment and
will continue their pursuit of cost 141, the United States sought civil
Natural Resources Division. recovery claims against one non-settling penalties for violations of the Maximum
[FR Doc. 2017–01255 Filed 1–19–17; 8:45 am]
defendant, P.H. Glatfelter Company. Contaminant Level for nitrate of 10
BILLING CODE 4410–15–P
The publication of this notice opens milligrams per Liter. The proposed
a period for public comment on the Decree requires Defendants to perform
Consent Decree. Comments should be injunctive relief and pay to the United
DEPARTMENT OF JUSTICE addressed to the Assistant Attorney States civil penalties of $1,500.00
General, Environment and Natural within thirty (30) days of the entry of
Notice of Lodging of Proposed Resources Division, and should refer to the Decree.
Consent Decree Under the United States and the State of
Comprehensive Environmental Wisconsin v. NCR Corp., et al., D.J. Ref. The publication of this notice opens
Response, Compensation, and Liability No. 90–11–2–1045/3. All comments a period for public comment on the
Act must be submitted no later than thirty Consent Decree. Comments should be
(30) days after the publication date of addressed to the Assistant Attorney
On January 17, 2017, the Department General, Environment and Natural
this notice. Comments may be
of Justice lodged a proposed Consent Resources Division, and should refer to
Decree with the United States District submitted either by email or by mail:
United States v. The City of Pretty
Court for the Eastern District of To submit Send them to: Prairie, Kansas, D.J. Ref. No. 90–5–1–1–
Wisconsin in the lawsuit entitled comments:
United States and the State of 11526. All comments must be submitted
Wisconsin v. NCR Corp., et al., Civil By email ....... pubcomment-ees.enrd@ no later than thirty (30) days after the
Action No. 10–cv–910. usdoj.gov. publication date of this notice.
In 2010, the United States and the By mail ......... Assistant Attorney General, Comments may be submitted either by
State of Wisconsin filed this action U.S. DOJ—ENRD, P.O. email or by mail:
under the Comprehensive Box 7611, Washington, DC
Environmental Response, 20044–7611. To submit Send them to:
Compensation, and Liability Act, 42 comments:
U.S.C. 9601 et seq. (‘‘CERCLA’’). The During the public comment period,
the Consent Decree may be examined By email ....... pubcomment-ees.enrd@
United States and the State brought usdoj.gov.
claims against NCR Corporation and downloaded at this Justice
Department Web site: https:// By mail ......... Assistant Attorney General,
(‘‘NCR’’), Appvion, Inc. (‘‘Appvion’’), U.S. DOJ—ENRD, P.O.
and other defendants for recovery of www.justice.gov/enrd/consent-decrees. Box 7611, Washington, DC
response costs and natural resource We will provide a paper copy of the 20044–7611.
damages, as well as enforcement of an Consent Decree upon written request
administrative cleanup order issued by and payment of reproduction costs.
Please mail your request and payment During the public comment period,
the U.S. Environmental Protection
to: Consent Decree Library, U.S. DOJ— the Consent Decree may be examined
Agency (‘‘EPA’’), concerning
ENRD, P.O. Box 7611, Washington, DC and downloaded at this Justice
polychlorinated biphenyl contamination
in sediment at the Lower Fox River and 20044–7611. Department Web site: http://
Green Bay Superfund Site in Please enclose a check or money order www.usdoj.gov/enrd/Consent_
northeastern Wisconsin (the ‘‘Site’’). for $17.50 (25 cents per page Decrees.html. We will provide a paper
Most of the original defendants entered reproduction cost) payable to the United copy of the Consent Decree upon
into earlier, court-approved settlements States Treasury. written request and payment of
with the United States and the State. reproduction costs. Please mail your
Randall M. Stone, request and payment to: Consent Decree
The proposed Consent Decree with
two remaining defendants—NCR and Acting Assistant Section Chief, Library, U.S. DOJ—ENRD, P.O. Box
Environmental Enforcement Section,
Appvion—would require NCR to 7611, Washington, DC 20044–7611.
Environment and Natural Resources Division.
continue and complete the ongoing Please enclose a check or money order
[FR Doc. 2017–01416 Filed 1–19–17; 8:45 am]
sediment remediation work at the Site, for $11.75 (25 cents per page
BILLING CODE 4410–15–P
which is currently being performed reproduction cost) payable to the United
under EPA’s cleanup order. The States Treasury.
settlement requires NCR to finish most
DEPARTMENT OF JUSTICE
of that work by the end of 2018, Susan Akers,
including the dredging and off-Site Notice of Lodging of Proposed Assistant Section Chief, Environmental
disposal of contaminated sediment Consent Decree Under the Safe Enforcement Section, Environment and
located in the last few miles of the Drinking Water Act Natural Resources Division.
Lower Fox River and Green Bay. In [FR Doc. 2017–01427 Filed 1–19–17; 8:45 am]
return, the United States and the State On January 13, 2017, the Department
mstockstill on DSK3G9T082PROD with NOTICES

BILLING CODE 4410–15–P
agree not to continue pursuing their of Justice filed a complaint and lodged
claims for the Site against NCR and a proposed Consent Decree with the
Appvion under sections 106 and 107 of United States District Court for the
CERCLA. Under EPA’s cleanup order District of Kansas in the lawsuit entitled
and prior court orders in the litigation, United States v. The City of Pretty
other defendants will have primary Prairie, Kansas, Civil Action No. 17–cv–
responsibility for long-term monitoring 01014.

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Document Created: 2017-01-20 01:29:32
Document Modified: 2017-01-20 01:29:32

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 7861