83_FR_17931 83 FR 17852 - Notice of Lodging of Proposed Amendment To Consent Judgment Under the Safe Drinking Water Act

83 FR 17852 - Notice of Lodging of Proposed Amendment To Consent Judgment Under the Safe Drinking Water Act

DEPARTMENT OF JUSTICE

Federal Register Volume 83, Issue 79 (April 24, 2018)

Page Range17852-17853
FR Document2018-08452

Federal Register, Volume 83 Issue 79 (Tuesday, April 24, 2018)
[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)]
[Notices]
[Pages 17852-17853]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08452]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Amendment To Consent Judgment Under 
the Safe Drinking Water Act

    On April 17, 2018, the Department of Justice lodged a proposed 
amendment to the 2016 Consent Judgment (``the Consent Judgment'') with 
the United States District Court for the Eastern District of New York 
in the lawsuit entitled United States v. State of New York et al., 
Civil Action No. 2:16-6989.
    In that action, a Consent Judgment settled the United States' 
claims for civil penalties and injunctive relief that arose out of 
Defendants' operation of Large Capacity Cesspools (``LCCs'') in 
violation of the Safe Drinking Water Act (``SDWA''), 42 U.S.C. 300h, 
underground injection control (``UIC'') program, specifically the 
program's Class V UIC regulations found at 40 CFR 144.80 to 144.89. The 
Consent Judgment required Defendants to (1) close the prohibited LCCs, 
(2) pay of a civil penalty of $150,000, and (3) perform eight 
Supplement Environmental Projects (``SEPs'') in seven state parks. The 
SEPs include various nitrogen reducing projects and have an estimated 
value of $1,020,000.
    The Amendment to Consent Judgment (``the Amendment'') proposes to 
modify a constructed wetland SEP that Defendants agreed to perform at 
Captree State Park, in Suffolk County, New York. The wetland would have 
primarily provided for treatment of wastewater discharges from the main 
comfort station and restaurant. Defendants reported that installing the 
constructed wetland SEP at Captree State Park (``Captree'') would be 
unworkable. Defendants report that their data collection at Captree, 
including delineation of the existing sanitary system, flood hazard 
areas, environmentally sensitive areas, and available space, indicates 
that the site cannot accommodate a wetland large enough to treat the 
waste flow.
    Under the Amendment, Defendants would install and operate an 
alternative waste treatment technology--a NitrexTM System 
with requirement for a smaller area in which to operate. Further, the 
Nitrex\TM\ system SEP at Captree would operate at the same location, 
and would

[[Page 17853]]

treat the same sanitary waste streams--those emanating from the main 
comfort station and a restaurant. It is estimated that the Nitrex\TM\ 
system SEP will reduce discharges at Captree by approximately 378 
pounds per year, which is 40 additional pounds of nitrogen reduction 
compared with the estimated reduction from the constructed wetland SEP. 
The Nitrex\TM\ system SEP also will disturb less of an adjacent 
shoreline. Additionally, under the Amendment, the SEP offers a public 
educational component to demonstrate the nitrogen cycle and 
environmental benefits of nitrogen removal.
    The publication of this notice opens a period for public comment on 
the Consent Judgment. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States v. State of New York, D.J. Ref. No. 90-5-
1-1-11400. 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 e-mail...........................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, D.C. 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the Consent Judgment may be 
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the Consent Judgment 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 $18.00 (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 $10.25.

Robert Maher,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-08452 Filed 4-23-18; 8:45 am]
BILLING CODE 4410-15-P



                                               17852                          Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices

                                                 The general area of CUI–JIP’s planned                   On March 28, 2000, Advanced Media                   Register pursuant to Section 6(b) of the
                                               activity is to determine the durability of              Workflow Association, Inc. filed its                  Act on January 31, 2018 (83 FR 4516).
                                               various CUI coating types using a                       original notification pursuant to Section             Patricia A. Brink,
                                               refined cost-effective CUI test method                  6(a) of the Act. The Department of                    Director of Civil Enforcement, Antitrust
                                               with the purpose of obtaining an                        Justice published a notice in the Federal             Division.
                                               accurate coating performance evaluation                 Register pursuant to Section 6(b) of the              [FR Doc. 2018–08439 Filed 4–23–18; 8:45 am]
                                               under various insulation materials at                   Act on June 29, 2000 (65 FR 40127).                   BILLING CODE 4410–11–P
                                               two distinct proposed temperature
                                               regimes. This program will also provide                   The last notification was filed with
                                               high quality data to support the                        the Department on December 26, 2017.
                                                                                                       A notice was published in the Federal                 DEPARTMENT OF JUSTICE
                                               development of new coatings and
                                               insulations pertaining to mitigation of                 Register pursuant to Section 6(b) of the
                                                                                                                                                             Notice of Lodging of Proposed
                                               CUI and help make/revise                                Act on January 31, 2018 (83 FR 4516).
                                                                                                                                                             Amendment To Consent Judgment
                                               recommendations for coating/insulation                  Patricia A. Brink,                                    Under the Safe Drinking Water Act
                                               selection, define acceptance criteria and
                                               safe integrity operating window or risk-                Director of Civil Enforcement, Antitrust                 On April 17, 2018, the Department of
                                                                                                       Division.                                             Justice lodged a proposed amendment to
                                               based assessment for components that
                                               are exposed to aggressive environments.                 [FR Doc. 2018–08448 Filed 4–23–18; 8:45 am]           the 2016 Consent Judgment (‘‘the
                                                                                                       BILLING CODE 4410–11–P                                Consent Judgment’’) with the United
                                               Patricia A. Brink,                                                                                            States District Court for the Eastern
                                               Director of Civil Enforcement, Antitrust                                                                      District of New York in the lawsuit
                                               Division.                                               DEPARTMENT OF JUSTICE                                 entitled United States v. State of New
                                               [FR Doc. 2018–08440 Filed 4–23–18; 8:45 am]                                                                   York et al., Civil Action No. 2:16–6989.
                                               BILLING CODE 4410–11–P                                  Antitrust Division                                       In that action, a Consent Judgment
                                                                                                                                                             settled the United States’ claims for civil
                                                                                                       Notice Pursuant to the National                       penalties and injunctive relief that arose
                                               DEPARTMENT OF JUSTICE                                   Cooperative Research and Production                   out of Defendants’ operation of Large
                                                                                                       Act of 1993—National Fire Protection                  Capacity Cesspools (‘‘LCCs’’) in
                                               Antitrust Division                                      Association                                           violation of the Safe Drinking Water Act
                                               Notice Pursuant to the National                                                                               (‘‘SDWA’’), 42 U.S.C. 300h,
                                               Cooperative Research and Production                        Notice is hereby given that, on March              underground injection control (‘‘UIC’’)
                                               Act of 1993—Advanced Media                              6, 2018, pursuant to Section 6(a) of the              program, specifically the program’s
                                               Workflow Association, Inc.                              National Cooperative Research and                     Class V UIC regulations found at 40 CFR
                                                                                                       Production Act of 1993, 15 U.S.C. 4301                144.80 to 144.89. The Consent Judgment
                                                  Notice is hereby given that, on March                et seq. (‘‘the Act’’), National Fire                  required Defendants to (1) close the
                                               26, 2018, pursuant to Section 6(a) of the               Protection Association (‘‘NFPA’’) has                 prohibited LCCs, (2) pay of a civil
                                               National Cooperative Research and                       filed written notifications                           penalty of $150,000, and (3) perform
                                               Production Act of 1993, 15 U.S.C. 4301                  simultaneously with the Attorney                      eight Supplement Environmental
                                               et seq. (‘‘the Act’’), Advanced Media                   General and the Federal Trade                         Projects (‘‘SEPs’’) in seven state parks.
                                               Workflow Association, Inc. has filed                    Commission disclosing additions or                    The SEPs include various nitrogen
                                               written notifications simultaneously                                                                          reducing projects and have an estimated
                                                                                                       changes to its standards development
                                               with the Attorney General and the                                                                             value of $1,020,000.
                                                                                                       activities. The notifications were filed                 The Amendment to Consent Judgment
                                               Federal Trade Commission disclosing
                                                                                                       for the purpose of extending the Act’s                (‘‘the Amendment’’) proposes to modify
                                               changes in its membership. The
                                               notifications were filed for the purpose                provisions limiting the recovery of                   a constructed wetland SEP that
                                               of extending the Act’s provisions                       antitrust plaintiffs to actual damages                Defendants agreed to perform at Captree
                                               limiting the recovery of antitrust                      under specified circumstances.                        State Park, in Suffolk County, New
                                               plaintiffs to actual damages under                      Specifically, NFPA has provided an                    York. The wetland would have
                                               specified circumstances. Specifically,                  updated and current list of its standards             primarily provided for treatment of
                                               Beijing Gefei Tech Company Limited,                     development activities, related technical             wastewater discharges from the main
                                               Beijing, PEOPLE’S REPUBLIC OF                           committee and conformity assessment                   comfort station and restaurant.
                                               CHINA; NEC, Tokyo, JAPAN; and                           activities. Information concerning NFPA               Defendants reported that installing the
                                               Pebble Beach Systems, Weybridge,                        regulations, technical committees,                    constructed wetland SEP at Captree
                                               UNITED KINGDOM, have been added as                      current standards, standards                          State Park (‘‘Captree’’) would be
                                               parties to this venture.                                development and conformity                            unworkable. Defendants report that
                                                  Also, Adobe Systems Inc., San Jose,                  assessment activities are publicly                    their data collection at Captree,
                                               CA; and Nick Ryan (individual                           available at nfpa.org.                                including delineation of the existing
                                               member), London, UNITED KINGDOM,                                                                              sanitary system, flood hazard areas,
                                                                                                          On September 20, 2004, NFPA filed
                                               have withdrawn as parties to this                                                                             environmentally sensitive areas, and
                                                                                                       its original notification pursuant to
                                               venture.                                                                                                      available space, indicates that the site
                                                  No other changes have been made in                   Section 6(a) of the Act. The Department
                                                                                                                                                             cannot accommodate a wetland large
                                               either the membership or planned                        of Justice published a notice in the                  enough to treat the waste flow.
daltland on DSKBBV9HB2PROD with NOTICES




                                               activity of the group research project.                 Federal Register pursuant to Section                     Under the Amendment, Defendants
                                               Membership in this group research                       6(b) of the Act on October 21, 2004 (69               would install and operate an alternative
                                               project remains open, and Advanced                      FR 61869).                                            waste treatment technology—a NitrexTM
                                               Media Workflow Association, Inc.                           The last notification was filed with               System with requirement for a smaller
                                               intends to file additional written                      the Department on December 22, 2017.                  area in which to operate. Further, the
                                               notifications disclosing all changes in                 A notice was published in the Federal                 NitrexTM system SEP at Captree would
                                               membership.                                                                                                   operate at the same location, and would


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                                                                                 Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices                                           17853

                                               treat the same sanitary waste streams—                     DEPARTMENT OF LABOR                                   SUPPLEMENTARY INFORMATION:      This ICR
                                               those emanating from the main comfort                                                                            seeks to extend PRA authority for the
                                               station and a restaurant. It is estimated                  Office of the Secretary                               Annual Funding Notice for Defined
                                               that the NitrexTM system SEP will                                                                                Benefit Pension Plans information
                                                                                                          Agency Information Collection                         collection. Employee Retirement Income
                                               reduce discharges at Captree by
                                                                                                          Activities; Submission for OMB                        Security Act of 1974 (ERISA) section
                                               approximately 378 pounds per year,                         Review; Comment Request; Annual
                                               which is 40 additional pounds of                                                                                 101(f) sets forth the requirements
                                                                                                          Funding Notice for Defined Benefit                    applicable to furnishing defined benefit
                                               nitrogen reduction compared with the                       Pension Plans
                                               estimated reduction from the                                                                                     plan annual funding notices to the
                                                                                                                 Notice of availability; request                Pension Benefit Guarantee Corporation,
                                               constructed wetland SEP. The NitrexTM                      ACTION:
                                                                                                          for comments.                                         each plan participant and beneficiary,
                                               system SEP also will disturb less of an
                                                                                                                                                                each labor organization representing
                                               adjacent shoreline. Additionally, under                                                                          such participants or beneficiaries, and
                                                                                                          SUMMARY:    The Department of Labor
                                               the Amendment, the SEP offers a public                                                                           each employer obligated to make
                                                                                                          (DOL) is submitting the Employee
                                               educational component to demonstrate                       Benefits Security Administration                      contributions to a multiemployer plan.
                                               the nitrogen cycle and environmental                       (EBSA) sponsored information                          An annual funding notice must include,
                                               benefits of nitrogen removal.                              collection request (ICR) titled, ‘‘Annual             among other things, the plan’s funding
                                                  The publication of this notice opens                    Funding Notice for Defined Benefit                    percentage, a statement of the value of
                                               a period for public comment on the                         Pension Plans,’’ to the Office of                     the plan’s assets and liabilities and a
                                               Consent Judgment. Comments should be                       Management and Budget (OMB) for                       description of how the plan’s assets are
                                               addressed to the Assistant Attorney                        review and approval for continued use,                invested as of specific dates, and a
                                               General, Environment and Natural                           without change, in accordance with the                description of the benefits under the
                                               Resources Division, and should refer to                    Paperwork Reduction Act of 1995                       plan that are eligible to be guaranteed by
                                               United States v. State of New York, D.J.                   (PRA). Public comments on the ICR are                 the PBGC. ERISA sections 101(f) and
                                               Ref. No. 90–5–1–1–11400. All                               invited.                                              102 authorize this information
                                                                                                          DATES: The OMB will consider all                      collection. See 29 U.S.C. 1021(f), 1022.
                                               comments must be submitted no later                                                                                This information collection is subject
                                               than thirty (30) days after the                            written comments that agency receives
                                                                                                          on or before May 24, 2018.                            to the PRA. A Federal agency generally
                                               publication date of this notice.                                                                                 cannot conduct or sponsor a collection
                                               Comments may be submitted either by                        ADDRESSES: A copy of this ICR with
                                                                                                                                                                of information, and the public is
                                               email or by mail:                                          applicable supporting documentation;
                                                                                                                                                                generally not required to respond to an
                                                                                                          including a description of the likely
                                                                                                                                                                information collection, unless it is
                                               To submit                                                  respondents, proposed frequency of
                                                                    Send them to:                                                                               approved by the OMB under the PRA
                                               comments:                                                  response, and estimated total burden                  and displays a currently valid OMB
                                                                                                          may be obtained free of charge from the               Control Number. In addition,
                                               By e-mail ......     pubcomment-ees.enrd@                  RegInfo.gov website at http://
                                                                      usdoj.gov.                                                                                notwithstanding any other provisions of
                                                                                                          www.reginfo.gov/public/do/                            law, no person shall generally be subject
                                               By mail .........    Assistant Attorney General,           PRAViewICR?ref_nbr=201803-1210-002
                                                                      U.S. DOJ—ENRD, P.O.                                                                       to penalty for failing to comply with a
                                                                                                          (this link will only become active on the             collection of information that does not
                                                                      Box 7611, Washington,
                                                                      D.C. 20044–7611.
                                                                                                          day following publication of this notice)             display a valid Control Number. See 5
                                                                                                          or by contacting Michel Smyth by                      CFR 1320.5(a) and 1320.6. The DOL
                                                                                                          telephone at 202–693–4129, TTY 202–                   obtains OMB approval for this
                                                 During the public comment period,                        693–8064, (these are not toll-free
                                               the Consent Judgment may be examined                                                                             information collection under Control
                                                                                                          numbers) or by email at DOL_PRA_                      Number 1210–0126.
                                               and downloaded at this Justice                             PUBLIC@dol.gov.                                         OMB authorization for an ICR cannot
                                               Department website: https://                                  Submit comments about this request                 be for more than three (3) years without
                                               www.justice.gov/enrd/consent-decrees.                      by mail to the Office of Information and              renewal, and the current approval for
                                               We will provide a paper copy of the                        Regulatory Affairs, Attn: OMB Desk                    this collection is scheduled to expire on
                                               Consent Judgment upon written request                      Officer for DOL–EBSA, Office of                       April 30, 2018. The DOL seeks to extend
                                               and payment of reproduction costs.                         Management and Budget, Room 10235,                    PRA authorization for this information
                                               Please mail your request and payment                       725 17th Street NW, Washington, DC                    collection for three (3) more years,
                                               to: Consent Decree Library, U.S. DOJ—                      20503; by Fax: 202–395–5806 (this is                  without any change to existing
                                               ENRD, P.O. Box 7611, Washington, DC                        not a toll-free number); or by email:                 requirements. The DOL notes that
                                               20044–7611.                                                OIRA_submission@omb.eop.gov.                          existing information collection
                                                                                                          Commenters are encouraged, but not                    requirements submitted to the OMB
                                                 Please enclose a check or money order
                                                                                                          required, to send a courtesy copy of any              receive a month-to-month extension
                                               for $18.00 (25 cents per page                              comments by mail or courier to the U.S.
                                               reproduction cost) payable to the United                                                                         while they undergo review. For
                                                                                                          Department of Labor-OASAM, Office of                  additional substantive information
                                               States Treasury. For a paper copy                          the Chief Information Officer, Attn:                  about this ICR, see the related notice
                                               without the exhibits and signature                         Departmental Information Compliance                   published in the Federal Register on
                                               pages, the cost is $10.25.                                 Management Program, Room N1301,                       October 12, 2017 (82 FR 47581).
                                               Robert Maher,                                              200 Constitution Avenue NW,                             Interested parties are encouraged to
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                          Washington, DC 20210; or by email:                    send comments to the OMB, Office of
                                               Assistant Section Chief, Environmental
                                               Enforcement Section, Environment and
                                                                                                          DOL_PRA_PUBLIC@dol.gov.                               Information and Regulatory Affairs at
                                               Natural Resources Division.                                FOR FURTHER INFORMATION CONTACT:                      the address shown in the ADDRESSES
                                               [FR Doc. 2018–08452 Filed 4–23–18; 8:45 am]                Michel Smyth by telephone at 202–693–                 section within thirty (30) days of
                                                                                                          4129, TTY 202–693–8064, (these are not                publication of this notice in the Federal
                                               BILLING CODE 4410–15–P
                                                                                                          toll-free numbers) or by email at DOL_                Register. In order to help ensure
                                                                                                          PRA_PUBLIC@dol.gov.                                   appropriate consideration, comments


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Document Created: 2018-04-24 00:39:12
Document Modified: 2018-04-24 00:39:12
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 Citation83 FR 17852 

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