Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)., 23956-23957 [2013-09500]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 23956 Federal Register / Vol. 78, No. 78 / Tuesday, April 23, 2013 / Notices exclusion order and/or cease and desist orders would have on (1) the public health and welfare, (2) competitive conditions in the U.S. economy, (3) U.S. production of articles that are like or directly competitive with those that are subject to investigation, and (4) U.S. consumers. The Commission is therefore interested in receiving written submissions that address the aforementioned public interest factors in the context of this investigation. If the Commission orders some form of remedy, the U.S. Trade Representative, as delegated by the President, has 60 days to approve or disapprove the Commission’s action. See Presidential Memorandum of July 21, 2005. 70 FR 43251 (July 26, 2005). During this period, the subject articles would be entitled to enter the United States under bond, in an amount determined by the Commission and prescribed by the Secretary of the Treasury. The Commission is therefore interested in receiving submissions concerning the amount of the bond that should be imposed if a remedy is ordered. Written Submissions: Parties to the investigation, interested government agencies, and any other interested parties are encouraged to file written submissions on the issues of remedy, the public interest, and bonding. Complainants and the Commission investigative attorney are also requested to submit proposed remedial orders for the Commission’s consideration. Complainants are also requested to state the HTSUS numbers under which the accused products are imported. Written submissions must be filed no later than close of business on May 1, 2013. Reply submissions must be filed no later than the close of business on May 8, 2013. Such submissions should address the ALJ’s recommended determinations on remedy and bonding which were made in Order No. 25. No further submissions on any of these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit eight true paper copies to the Office of the Secretary by noon the next day pursuant to section 210.4(f) of the Commission’s Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the investigation number (‘‘Inv. No. 337–TA–829’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/ secretary/fed_reg_notices/rules/ handbook_on_electronic_filing.pdf). VerDate Mar<15>2010 17:51 Apr 22, 2013 Jkt 229001 Persons with questions regarding filing should contact the Secretary (202–205– 2000). Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. A redacted nonconfidential version of the document must also be filed simultaneously with the any confidential filing. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: April 17, 2013. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–09476 Filed 4–22–13; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). On April 17, 2013, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Eastern District of Texas in the lawsuit entitled United States and State of Texas v. City of Port Arthur, Texas, et al., Civil Action No. 1:13–cv– 00235. The United States filed this lawsuit under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The Complaint, jointly filed by the United States and the State of Texas, names the City of Port Arthur, Texas; American Commercial Barge Line LLC; E.I. du Pont de Nemours & Company; Huntsman Petrochemical Corporation; Kirby Corporation; Kirby Inland Marine, LP; Phillips 66 Company; Port Neches Towing, Inc.; and Sabine Towing and Transportation Co. Inc., as defendants. The complaint requests recovery of costs that the United States and the PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 State of Texas incurred responding to releases of hazardous substances at the State Marine Superfund Site near the city of Port Arthur, Texas. These nine defendants (‘‘Settling Defendants’’) signed the consent decree. Collectively, the Settling Defendants agreed to pay $1,029,000 of the United States’ response costs (and $70,000 of the State’s response costs). In return, the United States agrees not to sue the Settling Defendants under sections 106 and 107 of CERCLA or under section 7003 of the Resource Conservation and Recovery Act. The consent decree also includes a finding that Settling Defendants are entitled to protection from contribution actions or claims as provided by CERCLA Section 113(f)(2), 42 U.S.C. § 9613(f)(2), for ‘‘matters addressed’’ in the consent decree. With certain exceptions, the consent decree defines ‘‘matters addressed’’ in the consent decree to be all response actions taken or to be taken and all response costs incurred or to be incurred, at or in connection with the State Marine Site, by the United States, the State of Texas, or any other person. 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 and State of Texas v. City of Port Arthur, Texas et al., D.J. Ref. No. 90–11–3–09504/1. 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 .. pubcommentees.enrd@usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ...... Under section 7003(d) of RCRA, a commenter may request an opportunity for a public meeting in the affected area. During the public comment period, the consent decree may be examined and downloaded at this Justice Department Web site: https:// www.usdoj.gov/enrd/ Consent_Decrees.html. 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 $9.00 (25 cents per page E:\FR\FM\23APN1.SGM 23APN1 23957 Federal Register / Vol. 78, No. 78 / Tuesday, April 23, 2013 / Notices reproduction cost) payable to the United States Treasury. Maureen Katz, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2013–09500 Filed 4–22–13; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE mstockstill on DSK4VPTVN1PROD with NOTICES Notice of Lodging of Proposed Consent Decree Under the Clean Water Act On April 4, 2013, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the District of New Hampshire in the lawsuit entitled United States v. Torromeo Industries, Inc., Civil Action No. 1:10–cv–509–JL. Torromeo Industries, Inc., is a Massachusetts corporation with a principal place of business at 33 Old Ferry Road, Methuen, Massachusetts. Torromeo operates a sand, gravel, crushed stone mining, and redi-mix concrete operation at 18 Dorre Road, Kingston, New Hampshire (‘‘the Facility’’). The United States filed the underlying action against Torromeo Industries, Inc., pursuant to Sections 309(b) and (d) of the Clean Water Act (‘‘CWA’’ or ‘‘Act’’), 33 U.S.C. 1319(b) and (d). The United States sought civil penalties and injunctive relief for violations of Sections 301, 308, and 402 of the CWA, 33 U.S.C. 1311, 1318, and 1342, and applicable implementing regulations relating to Torromeo’s discharge of process water and storm water to the waters of the United States in the course of its operations at the Kingston, NH facility. In the proposed Consent Decree, Torromeo Industries, Inc., agrees to eliminate all process water discharges from the Facility except as specifically authorized by a National Pollutant Discharge Elimination System (‘‘NPDES’’) permit. With respect to storm water runoff, Torromeo will complete and submit to EPA an Initial Comprehensive Facility Compliance Evaluation (‘‘ICFCE’’) for each Construction Materials Facility located in New England that it owns or operates, or which it subsequently acquires, which shall address all elements specified in the Consent Decree (‘‘CD’’). Torromeo shall also establish a Storm Water Pollution Protection Plan (‘‘SWPPP’’) addressing all elements specified in the CD. Torromeo will implement a Supplemental Environmental Project (‘‘SEP’’), the Castleton Function Hall VerDate Mar<15>2010 17:51 Apr 22, 2013 Jkt 229001 Pervious Concrete Project, as specified in the CD. Torromeo shall pay a civil penalty in the amount of $135,000. 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. Torromeo Industries, Inc., Civil Action No. 1:10– cv–509–JL; DOJ Ref. No. 90–5–1–1– 10014. 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 .... pubcommentees.enrd@usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ...... During the public comment period, the proposed Consent Decree may be examined and downloaded at this Justice Department Web site: https:// www.usdoj.gov/enrd/ Consent_Decrees.html. We will provide a paper copy of the proposed 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 $15.00 (25 cents per page reproduction cost) payable to the United States Treasury. Maureen M. Katz, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2013–09521 Filed 4–22–13; 8:45 am] BILLING CODE 4410–CW–P DEPARTMENT OF JUSTICE Drug Enforcement Administration Importer of Controlled Substances, Notice of Application, Lipomed Pursuant to Title 21 Code of Federal Regulations 1301.34 (a), this is notice that on January 29, 2013, Lipomed, One Broadway, Cambridge, Massachusetts 02142, made application by letter to the Drug Enforcement Administration (DEA) for registration as an importer of PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 the following basic classes of controlled substances: Drug JWH–250 (6250) .......................... SR–18 also known as RCS–8 (7008). JWH–019 (7019) .......................... JWH–081 (7081) .......................... SR–19 also known as RCS–4 (7104). JWH–122 (7122) .......................... AM–2201 (7201) ........................... JWH–203 (7203) .......................... 2C–T–2 (7385) ............................. JWH–398 (7398) .......................... 2C–D (7508) ................................. 2C–E (7509) ................................. 2C–H (7517) ................................. 2C–I (7518) .................................. 2C–C (7519) ................................. 2C–N (7521) ................................. 2C–P (7524) ................................. 2C–T–4 (7532) ............................. AM–694 (7694) ............................. Schedule I I I I I I I I I I I I I I I I I I I The company plans to import analytical reference standards for distribution to its customers for research and analytical purposes. Any bulk manufacturer who is presently, or is applying to be, registered with DEA to manufacture such basic classes of controlled substances listed in schedule I, which fall under the authority of section 1002(a)(2)(B) of the Act 21 U.S.C. 952(a)(2)(B) may, in the circumstances set forth in 21 U.S.C. 958(i), file comments or objections to the issuance of the proposed registration and may, at the same time, file a written request for a hearing on such application pursuant to 21 CFR § 1301.43, and in such form as prescribed by 21 CFR § 1316.47. Any such written comments or objections should be addressed, in quintuplicate, to the Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), 8701 Morrissette Drive, Springfield, Virginia 22152; and must be filed no later than May 23, 2013. This procedure is to be conducted simultaneously with, and independent of, the procedures described in 21 CFR § 1301.34(b), (c), (d), (e), and (f). As noted in a previous notice published in the Federal Register on September 23, 1975, 40 FR 43745–46, all applicants for registration to import a basic class of any controlled substance in schedules I or II are, and will continue to be, required to demonstrate to the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, that the requirements for such registration pursuant to 21 U.S.C. 958(a); 21 U.S.C. 823(a); and 21 E:\FR\FM\23APN1.SGM 23APN1

Agencies

[Federal Register Volume 78, Number 78 (Tuesday, April 23, 2013)]
[Notices]
[Pages 23956-23957]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09500]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the 
Comprehensive Environmental Response, Compensation and Liability Act 
(CERCLA).

    On April 17, 2013, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Eastern 
District of Texas in the lawsuit entitled United States and State of 
Texas v. City of Port Arthur, Texas, et al., Civil Action No. 1:13-cv-
00235.
    The United States filed this lawsuit under the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA). The 
Complaint, jointly filed by the United States and the State of Texas, 
names the City of Port Arthur, Texas; American Commercial Barge Line 
LLC; E.I. du Pont de Nemours & Company; Huntsman Petrochemical 
Corporation; Kirby Corporation; Kirby Inland Marine, LP; Phillips 66 
Company; Port Neches Towing, Inc.; and Sabine Towing and Transportation 
Co. Inc., as defendants. The complaint requests recovery of costs that 
the United States and the State of Texas incurred responding to 
releases of hazardous substances at the State Marine Superfund Site 
near the city of Port Arthur, Texas. These nine defendants (``Settling 
Defendants'') signed the consent decree. Collectively, the Settling 
Defendants agreed to pay $1,029,000 of the United States' response 
costs (and $70,000 of the State's response costs). In return, the 
United States agrees not to sue the Settling Defendants under sections 
106 and 107 of CERCLA or under section 7003 of the Resource 
Conservation and Recovery Act. The consent decree also includes a 
finding that Settling Defendants are entitled to protection from 
contribution actions or claims as provided by CERCLA Section 113(f)(2), 
42 U.S.C. Sec.  9613(f)(2), for ``matters addressed'' in the consent 
decree. With certain exceptions, the consent decree defines ``matters 
addressed'' in the consent decree to be all response actions taken or 
to be taken and all response costs incurred or to be incurred, at or in 
connection with the State Marine Site, by the United States, the State 
of Texas, or any other person.
    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 and State of Texas v. City of Port 
Arthur, Texas et al., D.J. Ref. No. 90-11-3-09504/1. 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..........................  pubcomment-ees.enrd@usdoj.gov.
By mail............................  Assistant Attorney General, U.S.
                                      DOJ--ENRD, P.O. Box 7611,
                                      Washington, DC 20044-7611.
------------------------------------------------------------------------

    Under section 7003(d) of RCRA, a commenter may request an 
opportunity for a public meeting in the affected area.
    During the public comment period, the consent decree may be 
examined and downloaded at this Justice Department Web site: https://www.usdoj.gov/enrd/Consent_Decrees.html. 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 $9.00 (25 cents per page

[[Page 23957]]

reproduction cost) payable to the United States Treasury.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2013-09500 Filed 4-22-13; 8:45 am]
BILLING CODE 4410-15-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.