83 FR 151 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act, Clean Air Act, Emergency Planning and Community Right-To-Know Act, and Resource Conservation and Recovery Act

DEPARTMENT OF JUSTICE

Federal Register Volume 83, Issue 1 (January 2, 2018)

[Federal Register Volume 83, Number 1 (Tuesday, January 2, 2018)]
[Notices]
[Pages 151-152]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-28295]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean 
Water Act, Clean Air Act, Emergency Planning and Community Right-To-
Know Act, and Resource Conservation and Recovery Act

    On December 22, 2017, the Department of Justice filed an amended 
complaint and lodged a revised proposed consent decree with the United 
States District Court for the Western District of Pennsylvania in the 
lawsuit entitled United States and Territory of American Samoa v. 
StarKist Co. and Starkist Samoa Co., Civil Action No. 2:17-cv-01190-
DSC. The amended complaint and revised proposed consent decree 
supersede the complaint and proposed consent decree filed by the 
Department of Justice in this action on September 12, 2017 and noticed 
for public comment in 82 FR 43,573 (Sept. 18, 2017).
    In addition to the allegations in the original complaint, the 
amended complaint, which is filed by the United States and the 
Territory of American Samoa, alleges three new violations of the Clean 
Water Act (``CWA'') related to unpermitted discharges from Starkist's 
facility to Pago Pago Harbor. First, the amended complaint alleges that 
Starkist discharged stormwater associated with industrial activity 
without a permit between June 2, 2015 and the present. Second, the 
amended complaint alleges that Starkist discharged a milky-white 
substance that contained pollutants from its facility through a 
stormwater outfall on 5 occasions between July 13, 2017 and October 30, 
2017. Finally, the amended complaint alleges that Starkist discharged 
pollutants from a sewage lift station overflow pipe at its facility 
into the harbor on September 20, 2017. For each of these violations, 
the amended complaint seeks injunctive relief and civil penalties.
    The amended complaint also adds a claim for relief by the Territory 
for violations of the American Samoa Environmental Quality Act and its 
implementing regulations based on the same facts underlying the United 
States' claims for relief. In particular, the amended complaint alleges 
that Starkist's unauthorized discharges and its discharges that 
exceeded effluent limitations in its NPDES permit violated the 
requirement in the American Samoa Environmental Quality Commission 
Rules that such discharges comply with NPDES rules and regulations. In 
addition, the amended complaint alleges that each of Starkist's 
violations of Section 112(r) of the Clean Air Act related to the 
handling of ammonia, butane, and chlorine at the facility violated the 
American Samoa Environmental Quality Commission Rules requirement to 
comply with the federal Clean Air Act. For each of these violations, 
the Territory seeks civil penalties.
    The revised proposed consent decree requires the defendants to 
perform injunctive relief, and pay an increased civil penalty of 
$6,500,000 (an increase of $200,000) to resolve the additional CWA 
violations alleged in the amended complaint, as well as the original 
alleged violations. Starkist must pay $3,900,000 to the United States 
and $2,600,000 to the Territory.
    The revised proposed consent decree requires the defendants to 
perform the injunctive relief included in the previously-lodged consent 
decree, as well as to address the additional CWA violations. It 
requires Starkist to obtain authorization to discharge stormwater from 
the facility, to implement best management practices, and prepare a 
plan to reduce, minimize, and eliminate pollutants in stormwater 
discharges from the facility. The decree also requires Starkist to 
identify and eliminate any connections between the facility's 
industrial processes and its stormwater collection system. Finally, the 
revised proposed Consent Decree formalizes the role of the Territory in 
the implementation of the revised Consent Decree. The revised consent 
decree also replaces the process flow diagram in Appendix C to include 
an updated diagram.
    The publication of this notice opens a period for public comment on 
the proposed consent decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States v. StarKist Co. and Starkist Samoa 
Co., D.J. Ref. No. 90-5-1-1-11357. 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:

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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, DC 20044-7611.
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    During the public comment period, the consent decree may be 
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees.

[[Page 152]]

A Samoan language summary of the settlement is also available on the 
website. 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) payable to the United States Treasury.

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2017-28295 Filed 12-29-17; 8:45 am]
 BILLING CODE 4410-15-P