Notice of Lodging of Consent Decree Under the Clean Air Act, 63953-63954 [2011-26539]

Download as PDF Federal Register / Vol. 76, No. 199 / Friday, October 14, 2011 / Notices message or question with the above individual. You will receive a reply during normal business hours. SUPPLEMENTARY INFORMATION: This survey was executed at the request of the Chief, Branch of Cadastral Survey, in a memo dated May 24, 2011, and was necessary to determine individual and tribal trust lands. The lands we surveyed are: Principal Meridian, Montana T. 3 S., R. 33 E. The plat, in one sheet, representing the corrective dependent resurvey of a portion of the subdivisional lines, the adjusted original meanders of the former left bank of the Bighorn River, downstream, through section 18, a portion of the meanders of the present right bank of the Bighorn River, downstream, through section 18, the meanders of the former right and left banks of two relicted channels of the Bighorn River, downstream, through section 18, the limits of erosion, the medial lines of two relicted channels of the Bighorn River, downstream, through section 18, certain division of accretion lines, and certain partition lines and the survey of a portion of the meanders of the present right bank of the Bighorn River, downstream, through section 18, and the right bank of an abandoned channel of the Bighorn River, downstream, through section 18, Township 3 South, Range 33 East, Principal Meridian, Montana, was accepted September 28, 2011. We will place a copy of the plat, in one sheet, and related field notes we described in the open files. They will be available to the public as a matter of information. If the BLM receives a protest against this survey, as shown on this plat, in one sheet, prior to the date of the official filing, we will stay the filing pending our consideration of the protest. We will not officially file this plat, in one sheet, until the day after we have accepted or dismissed all protests and they have become final, including decisions or appeals. Authority: 43 U.S.C. Chap. 3. James D. Claflin, Chief Cadastral Surveyor, Division of Resources. [FR Doc. 2011–26565 Filed 10–13–11; 8:45 am] BILLING CODE 4310–DN–P DEPARTMENT OF THE INTERIOR Bureau of Land Management tkelley on DSK3SPTVN1PROD with NOTICES [LLMT926000–L19100000–BJ0000– LRCME0R04760] Notice of Filing of Plats of Survey; Montana Bureau of Land Management, Interior. ACTION: Notice of filing of plats of survey. AGENCY: VerDate Mar<15>2010 15:20 Oct 13, 2011 Jkt 226001 The Bureau of Land Management (BLM) will file the plat of survey of the lands described below in the BLM Montana State Office, Billings, Montana, on November 14, 2011. DATES: Protests of the survey must be filed before November 14, 2011 to be considered. SUMMARY: Protests of the survey should be sent to the Branch of Cadastral Survey, Bureau of Land Management, 5001 Southgate Drive, Billings, Montana 59101–4669. FOR FURTHER INFORMATION CONTACT: Marvin Montoya, Cadastral Surveyor, Branch of Cadastral Survey, Bureau of Land Management, 5001 Southgate Drive, Billings, Montana 59101–4669, telephone (406) 896–5124 or (406) 896– 5009, Marvin_Montoya@blm.gov. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours. SUPPLEMENTARY INFORMATION: This survey was executed at the request of the Bureau of Indian Affairs, Rocky Mountain Region, Billings, Montana, and was necessary to determine individual and tribal trust lands. The lands we surveyed are: ADDRESSES: Principal Meridian, Montana T. 27 N., R. 47 E. The plat, in one sheet, representing the dependent resurvey of a portion of the subdivisional lines, the adjusted original meanders of the former left bank of the Missouri River, downstream, through section 22, a portion of the subdivision of section 22, the Presbyterian Church Mission Tract (lot 6) in section 22, the medial line of an abandoned channel of the Missouri River in section 22, and a portion of the boundary of the Fifth Addition to the Townsite of Wolf Point, and the survey of the meanders of the present left bank of the Missouri River, downstream, through a portion of section 22, and certain partition lines, Township 27 North, Range 47 East, Principal Meridian, Montana, was accepted September 28, 2011. We will place a copy of the plat, in one sheet, and related field notes we described in the open files. They will be available to the public as a matter of information. If the BLM receives a protest against this survey, as shown on this plat, in one sheet, prior to the date of the official filing, we will stay the filing pending our consideration of the protest. We will not officially file this plat, in one sheet, until the day after we have accepted or dismissed all protests PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 63953 and they have become final, including decisions or appeals. Authority: 43 U.S.C. Chap. 3. James D. Claflin, Chief Cadastral Surveyor, Division of Resources. [FR Doc. 2011–26564 Filed 10–13–11; 8:45 am] BILLING CODE 4310–DN–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Air Act Notice is hereby given that on October 7, 2011, a proposed Consent Decree in United States of America v. John Morrell & Co., Civil Action No. 4:11–cv–04143– LLP, D.J. Ref. 90–5–1–1–3973/1, was lodged with the United States District Court for the District of South Dakota. In this action the United States sought civil penalties and injunctive relief in connection with Defendant John Morrell & Co.’s (‘‘JMC’’) violations of Section 112(r) of the Clean Air Act (‘‘CAA’’), 42 U.S.C. 7412(r) at its slaughterhouse and meatpacking facility in Sioux Falls, South Dakota (the ‘‘JMC Facility’’). The United States contends that the JMC Facility’s system of storing and using anhydrous ammonia was not in compliance with certain regulations of 40 CFR part 68, the chemical accident prevention provisions that implement CAA Section 112(r). JMC has fixed most of the alleged violations identified during an EPA inspection of the JMC Facility, and has agreed to institute a new nameplate and label creation procedure to fix the remaining deficiency related to the absence of appropriate nameplates and labels on various plant pipes and tanks. Finally, JMC will pay a civil penalty of $206,000.00 to resolve the alleged violations. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United States of America v. John Morrell & Co., Civil Action No. 4:11–cv–04143–LLP, D.J. Ref. 90–5–1–1–3973/1. During the public comment period, the Consent Decree may be examined on the following Web site, https:// www.usdoj.gov/enrd/ Consent_Decrees.html, maintained by E:\FR\FM\14OCN1.SGM 14OCN1 63954 Federal Register / Vol. 76, No. 199 / Friday, October 14, 2011 / Notices the Department of Justice. A copy of the Consent Decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611 or by faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $7.50 (@ 25 cents per page reproduction cost) payable to the U.S. Treasury or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. Robert Brook, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2011–26539 Filed 10–13–11; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE tkelley on DSK3SPTVN1PROD with NOTICES Notice of Lodging of Consent Decree Under the Clean Water Act Notice is hereby given that on September 21, 2011, a proposed Consent Decree (‘‘CD’’) in US and WVDEP v. City of Welch, Civil Action No. 1:11–cv– 00647, was lodged with the United States District Court for the Southern District of West Virginia, Charleston Division. The United States filed a complaint concurrently with the CD. In the new action, the United States sought injunctive relief and civil penalties against the City (the ‘‘City’’) of Welch in West Virginia and the Welch Sanitary Board (the ‘‘Board’’) for violations of Sections 309 and 402 of the Clean Water Act (‘‘CWA’’), 33 U.S.C. 1319 and 1342. The United States alleged that by failing to comply with effluent limits, failing to develop and implement a Long Term Control Plan (‘‘LTCP’’), and failing to comply with Nine Minimum Control requirements of the National Pollutant Discharge Elimination System (‘‘NPDES’’) permit, the City was in violation of the CWA and its NPDES permit. The CD resolves the alleged violations by mandating a series of injunctive relief. The CD instructs the City to establish an enforceable schedule for controlling the combined sewer overflows and correcting the effluent limitation violations. The City will comply with a mutually agreed upon schedule as part of the LTCP. It will certify that all existing and future contracts are designed, constructed, and will operate in accordance with the CD VerDate Mar<15>2010 15:20 Oct 13, 2011 Jkt 226001 and the NPDES permit. The City will also submit a report on the status of any overflows from the Combined Sewer System (‘‘CSS’’) and their duration and frequency, by June 30, 2016. Additionally, the City will submit semiannual progress reports to the EPA and the State. The City will submit a plan to identify and eliminate sources of excess inflow and infiltration within 60 days of the CD being lodged. Six months after the CD is lodged, the City will submit a Nine Minimum Controls Plan to EPA and a Treatment Plant Plan to the Plaintiffs. In addition to injunctive relief, the City will pay a civil penalty of $5,000, divided evenly between the United States and the State of West Virginia. There will also be stipulated penalties for periods of noncompliance, ranging from $1,000 to $8,000 per day per violation. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the CD. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United States and West Virginia Department of Environmental Protection v. City of Welch, D.J. Ref. 90–5–1–1–813/1. During the public comment period, the CD may also be examined on the following Department of Justice Web site, to https://www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the CD may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611 or by faxing or emailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514–0097, phone confirmation number (202) 514–1547. If requesting a copy from the Consent Decree Library by mail, please enclose a check in the amount of $12.00 payable to the U.S. Treasury or, if requesting by email or fax, forward a check in that amount to the Consent Decree Library at the address given above. DEPARTMENT OF JUSTICE Robert Brook, Assistant Chief, Environmental, Enforcement Section, Environment and Natural Resources Division. Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act [FR Doc. 2011–26540 Filed 10–13–11; 8:45 am] BILLING CODE 4410–15–P PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 Notice of Lodging of Proposed Consent Decree In accordance with Departmental Policy, 28 CFR 50.7, notice is hereby given that a proposed Consent Decree regarding the United States’ claims against Defendants in United States v. Philip A. Smith, et al., Case No. 3:10– cv–05364–BHS, was lodged with the United States District Court for the Western District of Washington on October 6, 2011. This proposed Consent Decree concerns a complaint filed by the United States against Philip A. Smith and Kimberly G. Smith, pursuant to Section 309(b) and (d) of the Clean Water Act, 33 U.S.C. 1319(b) and (d), to obtain injunctive relief from and impose civil penalties against the Defendants for violating the Clean Water Act by discharging pollutants without a permit into waters of the United States. The proposed Consent Decree resolves allegations against the Defendants by requiring Philip A. Smith to pay a contingent civil penalty if certain circumstances arise. The Department of Justice will accept written comments relating to this proposed Consent Decree for thirty (30) days from the date of publication of this Notice. Please address comments to Kent E. Hanson, U.S. Department of Justice, P.O. Box 23986, Washington, DC 20026–3986 and refer to United States v. Philip A. Smith, et al., DJ #90–5–1– 1–18599. The proposed Consent Decree may be examined at the Clerk’s Office, United States District Court for the Western District of Washington, 1717 Pacific Avenue, Room 3100, Tacoma, WA 98402–3200. In addition, the proposed Consent Decree may be viewed at https://www.usdoj.gov/enrd/ Consent_Decrees.html. Cherie L. Rogers, Assistant Section Chief, Environmental Defense Section, Environment & Natural Resources Division. [FR Doc. 2011–26517 Filed 10–13–11; 8:45 am] BILLING CODE P DEPARTMENT OF JUSTICE Notice is hereby given that on September 30, 2011, a proposed Consent Decree in United States of America v. Newmont USA Limited and Dawn E:\FR\FM\14OCN1.SGM 14OCN1

Agencies

[Federal Register Volume 76, Number 199 (Friday, October 14, 2011)]
[Notices]
[Pages 63953-63954]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26539]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Notice is hereby given that on October 7, 2011, a proposed Consent 
Decree in United States of America v. John Morrell & Co., Civil Action 
No. 4:11-cv-04143-LLP, D.J. Ref. 90-5-1-1-3973/1, was lodged with the 
United States District Court for the District of South Dakota.
    In this action the United States sought civil penalties and 
injunctive relief in connection with Defendant John Morrell & Co.'s 
(``JMC'') violations of Section 112(r) of the Clean Air Act (``CAA''), 
42 U.S.C. 7412(r) at its slaughterhouse and meatpacking facility in 
Sioux Falls, South Dakota (the ``JMC Facility''). The United States 
contends that the JMC Facility's system of storing and using anhydrous 
ammonia was not in compliance with certain regulations of 40 CFR part 
68, the chemical accident prevention provisions that implement CAA 
Section 112(r). JMC has fixed most of the alleged violations identified 
during an EPA inspection of the JMC Facility, and has agreed to 
institute a new nameplate and label creation procedure to fix the 
remaining deficiency related to the absence of appropriate nameplates 
and labels on various plant pipes and tanks. Finally, JMC will pay a 
civil penalty of $206,000.00 to resolve the alleged violations.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, and either e-mailed to 
pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States of America v. John Morrell & Co., Civil Action No. 4:11-
cv-04143-LLP, D.J. Ref. 90-5-1-1-3973/1.
    During the public comment period, the Consent Decree may be 
examined on the following Web site, https://www.usdoj.gov/enrd/Consent_Decrees.html, maintained by

[[Page 63954]]

the Department of Justice. A copy of the Consent Decree may also be 
obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611 or by faxing or e-
mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax 
no. (202) 514-0097, phone confirmation number (202) 514-1547. In 
requesting a copy from the Consent Decree Library, please enclose a 
check in the amount of $7.50 (@ 25 cents per page reproduction cost) 
payable to the U.S. Treasury or, if by e-mail or fax, forward a check 
in that amount to the Consent Decree Library at the stated address.

Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2011-26539 Filed 10-13-11; 8:45 am]
BILLING CODE 4410-15-P
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