83_FR_54990 83 FR 54779 - Notice of Lodging of Proposed Stipulation Under the Clean Air Act, the Emergency Planning and Community Right-to-Know Act of 1986, and the Comprehensive Environmental Response, Compensation, and Liability Act

83 FR 54779 - Notice of Lodging of Proposed Stipulation Under the Clean Air Act, the Emergency Planning and Community Right-to-Know Act of 1986, and the Comprehensive Environmental Response, Compensation, and Liability Act

DEPARTMENT OF JUSTICE

Federal Register Volume 83, Issue 211 (October 31, 2018)

Page Range54779-54779
FR Document2018-23736

Federal Register, Volume 83 Issue 211 (Wednesday, October 31, 2018)
[Federal Register Volume 83, Number 211 (Wednesday, October 31, 2018)]
[Notices]
[Page 54779]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23736]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Stipulation Under the Clean Air 
Act, the Emergency Planning and Community Right-to-Know Act of 1986, 
and the Comprehensive Environmental Response, Compensation, and 
Liability Act

    On October 23, 2018, the Department of Justice lodged a proposed 
Stipulation (``Stipulation'') with the United States District Court for 
the District of Massachusetts in the lawsuit entitled United States v. 
Stavis Seafoods, Inc., Civil Action No. 1:18-cv-12199. In the 
Complaint, the United States, on behalf of the U.S. Environmental 
Protection Agency (``EPA''), alleges that Stavis Seafoods, Inc. 
(``Stavis'') violated the Clean Air Act, 42 U.S.C. 7412(r)(1), for a 
release of anhydrous ammonia and associated violation of the 
requirements under the Clean Air Act's General Duty Clause, such as a 
failure to conduct a process hazard analysis, failure to maintain the 
facility in the adequate manner, and failure to minimize the 
consequences of a release. The Complaint also contains allegations 
under the Emergency Planning and Community Right-to-Know Act of 1986, 
42 U.S.C. 11022, and the Comprehensive Environmental Response, 
Compensation and Liability Act, 42 U.S.C. 9603(a) for Stavis' failure 
to properly report its inventory of hazardous substances and for 
failing to comply with emergency notification requirements. The 
proposed Stipulation in this case requires Stavis to pay a civil 
penalty of $700,000.
    The publication of this notice opens a period for public comment on 
the proposed Stipulation. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States v. Stavis Seafoods, Inc., D.J. Ref. No. 
90-5-2-1-11574. All comments must be submitted no later than thirty 
(30) days after the publication date of this notice. Comments may be 
submitted either by email or by mail:

------------------------------------------------------------------------
         To submit comments:                     Send them to:
------------------------------------------------------------------------
By email............................  pubcomment-ees.enrd@usdoj.gov.
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the proposed Stipulation 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 proposed Stipulation 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 $9.50 (25 cents per page 
reproduction cost), payable to the United States Treasury.

Robert Maher,
Assistant Section Chief, Environmental Enforcement Section, Environment 
& Natural Resources Division.
[FR Doc. 2018-23736 Filed 10-30-18; 8:45 am]
 BILLING CODE 4410-15-P



                                                                        Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Notices                                                54779

                                              rules, the Secretary will make BPI                         Certification.—Pursuant to section                 consequences of a release. The
                                              gathered in these investigations                        207.3 of the Commission’s rules, any                  Complaint also contains allegations
                                              available to authorized applicants                      person submitting information to the                  under the Emergency Planning and
                                              representing interested parties (as                     Commission in connection with these                   Community Right-to-Know Act of 1986,
                                              defined in 19 U.S.C. 1677(9)) who are                   investigations must certify that the                  42 U.S.C. 11022, and the
                                              parties to the investigations under the                 information is accurate and complete to               Comprehensive Environmental
                                              APO issued in the investigations,                       the best of the submitter’s knowledge. In             Response, Compensation and Liability
                                              provided that the application is made                   making the certification, the submitter               Act, 42 U.S.C. 9603(a) for Stavis’ failure
                                              not later than seven days after the                     will acknowledge that any information                 to properly report its inventory of
                                              publication of this notice in the Federal               that it submits to the Commission                     hazardous substances and for failing to
                                              Register. A separate service list will be               during these investigations may be                    comply with emergency notification
                                              maintained by the Secretary for those                   disclosed to and used: (i) By the                     requirements. The proposed Stipulation
                                              parties authorized to receive BPI under                 Commission, its employees and Offices,
                                                                                                                                                            in this case requires Stavis to pay a civil
                                              the APO.                                                and contract personnel (a) for
                                                                                                                                                            penalty of $700,000.
                                                 Conference.—The Commission’s                         developing or maintaining the records
                                              Director of Investigations has scheduled                of these or related investigations or                   The publication of this notice opens
                                              a conference in connection with these                   reviews, or (b) in internal investigations,           a period for public comment on the
                                              investigations for 9:30 a.m. on                         audits, reviews, and evaluations relating             proposed Stipulation. Comments should
                                              Wednesday, November 14, 2018, at the                    to the programs, personnel, and                       be addressed to the Assistant Attorney
                                              U.S. International Trade Commission                     operations of the Commission including                General, Environment and Natural
                                              Building, 500 E Street SW, Washington,                  under 5 U.S.C. Appendix 3; or (ii) by                 Resources Division, and should refer to
                                              DC. Requests to appear at the conference                U.S. government employees and                         United States v. Stavis Seafoods, Inc.,
                                              should be emailed to                                    contract personnel, solely for                        D.J. Ref. No. 90–5–2–1–11574. All
                                              preliminaryconferences@usitc.gov (DO                    cybersecurity purposes. All contract                  comments must be submitted no later
                                              NOT FILE ON EDIS) on or before                          personnel will sign appropriate                       than thirty (30) days after the
                                              November 9, 2018. Parties in support of                 nondisclosure agreements.                             publication date of this notice.
                                              the imposition of countervailing and                       Authority: These investigations are                Comments may be submitted either by
                                              antidumping duties in these                             being conducted under authority of title              email or by mail:
                                              investigations and parties in opposition                VII of the Tariff Act of 1930; this notice
                                              to the imposition of such duties will                   is published pursuant to section 207.12               To submit
                                              each be collectively allocated one hour                 of the Commission’s rules.                                                Send them to:
                                                                                                                                                            comments:
                                              within which to make an oral                              By order of the Commission.
                                              presentation at the conference. A                                                                             By email .......    pubcomment-ees.enrd@
                                                                                                        Issued: October 25, 2018.
                                              nonparty who has testimony that may                                                                                                 usdoj.gov.
                                                                                                      Jessica Mullan,                                       By mail .........   Assistant Attorney General,
                                              aid the Commission’s deliberations may
                                                                                                      Attorney Advisor.                                                           U.S. DOJ—ENRD, P.O.
                                              request permission to present a short
                                                                                                      [FR Doc. 2018–23758 Filed 10–30–18; 8:45 am]                                Box 7611, Washington, DC
                                              statement at the conference.                                                                                                        20044–7611.
                                                                                                      BILLING CODE 7020–02–P
                                                 Written submissions.—As provided in
                                              sections 201.8 and 207.15 of the
                                              Commission’s rules, any person may                                                                              During the public comment period,
                                              submit to the Commission on or before                   DEPARTMENT OF JUSTICE                                 the proposed Stipulation may be
                                              November 19, 2018, a written brief                                                                            examined and downloaded at this
                                                                                                      Notice of Lodging of Proposed                         Justice Department website: https://
                                              containing information and arguments
                                                                                                      Stipulation Under the Clean Air Act,                  www.justice.gov/enrd/consent-decrees.
                                              pertinent to the subject matter of the
                                                                                                      the Emergency Planning and                            We will provide a paper copy of the
                                              investigations. Parties may file written
                                                                                                      Community Right-to-Know Act of 1986,                  proposed Stipulation upon written
                                              testimony in connection with their
                                                                                                      and the Comprehensive Environmental                   request and payment of reproduction
                                              presentation at the conference. All
                                                                                                      Response, Compensation, and Liability                 costs. Please mail your request and
                                              written submissions must conform with
                                                                                                      Act
                                              the provisions of section 201.8 of the                                                                        payment to: Consent Decree Library,
                                              Commission’s rules; any submissions                        On October 23, 2018, the Department                U.S. DOJ—ENRD, P.O. Box 7611,
                                              that contain BPI must also conform with                 of Justice lodged a proposed Stipulation              Washington, DC 20044–7611.
                                              the requirements of sections 201.6,                     (‘‘Stipulation’’) with the United States                Please enclose a check or money order
                                              207.3, and 207.7 of the Commission’s                    District Court for the District of                    for $9.50 (25 cents per page
                                              rules. The Commission’s Handbook on                     Massachusetts in the lawsuit entitled                 reproduction cost), payable to the
                                              E-Filing, available on the Commission’s                 United States v. Stavis Seafoods, Inc.,               United States Treasury.
                                              website at https://edis.usitc.gov,                      Civil Action No. 1:18-cv-12199. In the
                                              elaborates upon the Commission’s rules                  Complaint, the United States, on behalf               Robert Maher,
                                              with respect to electronic filing.                      of the U.S. Environmental Protection                  Assistant Section Chief, Environmental
                                                 In accordance with sections 201.16(c)                Agency (‘‘EPA’’), alleges that Stavis                 Enforcement Section, Environment & Natural
                                              and 207.3 of the rules, each document                   Seafoods, Inc. (‘‘Stavis’’) violated the              Resources Division.
                                              filed by a party to the investigations                  Clean Air Act, 42 U.S.C. 7412(r)(1), for              [FR Doc. 2018–23736 Filed 10–30–18; 8:45 am]
amozie on DSK3GDR082PROD with NOTICES1




                                              must be served on all other parties to                  a release of anhydrous ammonia and                    BILLING CODE 4410–15–P
                                              the investigations (as identified by                    associated violation of the requirements
                                              either the public or BPI service list), and             under the Clean Air Act’s General Duty
                                              a certificate of service must be timely                 Clause, such as a failure to conduct a
                                              filed. The Secretary will not accept a                  process hazard analysis, failure to
                                              document for filing without a certificate               maintain the facility in the adequate
                                              of service.                                             manner, and failure to minimize the


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Document Created: 2018-10-31 00:33:26
Document Modified: 2018-10-31 00:33:26
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 54779 

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