Notice of Lodging of Proposed Consent Decree Under the Clean Water Act, 44599-44600 [2013-17719]

Download as PDF sroberts on DSK5SPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 142 / Wednesday, July 24, 2013 / Notices Act (‘‘Illinois Act’’), 415 ILCS 5/1 et seq. (2010), and seeks injunctive relief and civil penalties against the Gateway Defendants for violations of the Illinois Act. The State of Ohio asserts claims in this action relating to the Haverhill Facility under Chapter 3745 of the Ohio Revised Code (‘‘ORC’’), and the rules adopted thereunder, and seeks injunctive relief and civil penalties against the Haverhill Defendants for violations of ORC Chapter 3704. The Complaint alleges that the Gateway Defendants operated the Gateway Facility and the Haverhill Defendants operated the Haverhill Facility in excess of bypass venting limits specified in their Prevention of Significant Deterioration permits, and that the Haverhill Defendants failed to comply with emissions monitoring and reporting requirements. The Consent Decree would require (1) installation of process equipment to provide redundancy that will allow hot coking gases to be routed to a pollution control device instead of vented directly to the atmosphere in the event of equipment downtime; (2) installation of continuous emissions monitoring systems for sulfur dioxide, at one bypass vent per process unit (two at the Haverhill Facility and one at the Gateway Facility); (3) payment of a civil penalty of $1.995 million, of which $1.27 million will go to the United States, $575,000 to the State of Illinois, and $150,000 to the State of Ohio; and (4) performance of a lead hazard abatement supplemental environmental project at a cost of $255,000 at the Gateway Facility. In a Federal Register Notice published on July 2, 2013, the Department of Justice announced its intention to receive comments relating to the Consent Decree for a period of thirty (30) days from the date of that publication. 78 FR 39770 (July 2, 2013). In response to a request, the Department of Justice is extending that public comment period for thirty (30) days, until September 3, 2013. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States, et al. v. Gateway Energy & Coke Company, et al., D.J. Ref. Nos. 90–5–2–1–09890 and 90–5–2–1– 10065. Comments may be submitted either by email or by mail: To submit comments: Send them to: By email ......... pubcommentees.enrd@usdoj.gov. VerDate Mar<15>2010 16:35 Jul 23, 2013 Jkt 229001 44599 Comments may be submitted either by email or by mail: To submit comments: Send them to: By mail ........... Assistant Attorney General U.S. DOJ–ENRD, P.O. Box 7611, Washington, DC 20044–7611. 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 $29.75 (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 $16.25. Maureen Katz, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. 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 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 $9.50 (25 cents per page reproduction cost) payable to the United States Treasury. [FR Doc. 2013–17734 Filed 7–23–13; 8:45 am] Maureen Katz, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. BILLING CODE 4410–15–P [FR Doc. 2013–17757 Filed 7–23–13; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Water Act On July 15, 2013, the Department of Justice lodged a proposed consent decree with the United States District Court for the Western District of Arkansas in the lawsuit entitled United States v. Lion Oil Company, Civil Action No. 1:13–cv–01059–SOH. The United States filed this lawsuit under the Clean Water Act. The United States’ complaint seeks injunctive relief and civil penalties for discharges of pollutants, in violation of Section 301 of the Clean Water Act, at property located southwest of the city of El Dorado, Arkansas. The consent decree requires the defendant to perform injunctive relief and pay a $504,000 penalty. The publication of the 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 v. Lion Oil Company, D.J. Ref. No. 90–5–2–1–06064/4. All comments must be submitted no later than thirty (30) days after the publication date of this notice. PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 Notice of Lodging of Proposed Consent Decree Under the Clean Water Act On July 18, 2013, the Department of Justice lodged a proposed Consent Decree (‘‘Decree’’) with the United States District Court for the Middle District of Pennsylvania in the lawsuit entitled United States v. XTO Energy, Inc. (‘‘Defendant’’), Civil Action No. 4:13–cv–01954–MWB. In this action the United States, on behalf of the Environmental Protection Agency (‘‘EPA’’), filed a complaint against Defendant seeking permanent injunctive relief and civil penalties under the Clean Water Act (‘‘CWA’’), 33 U.S.C. 1251–1387, resulting from unauthorized discharges of flowback fluid and produced fluid into waters of the United States from tanks and valves associated with Defendant’s hydraulic fracturing operations at Defendant’s well pad and storage facility located at 301 Marquardt Road, in Penn Township, Lycoming County, Pennsylvania. Produced fluid and flowback fluid contain contaminants such as barium, calcium, iron, magnesium, manganese, potassium, sodium, strontium, bromide, chloride, E:\FR\FM\24JYN1.SGM 24JYN1 44600 Federal Register / Vol. 78, No. 142 / Wednesday, July 24, 2013 / Notices and total dissolved solids. The Decree requires Defendant to undertake compliance measures to prevent and contain future releases. These measures include installation of secondary containment, high level shut-down devices, and caps, flanges and plugs at Defendant’s existing and new natural gas wells within EPA Region 3; implementation of standard operating procedures for tank loading and unloading; and an obligation to increase recycling of produced fluid and flowback fluid. In addition, the Decree requires the Defendant to pay within thirty (30) days the sum of $100,000 as a civil penalty, together with interest accruing from the date on which the Decree is lodged with the court. The publication of this notice opens a period for public comment on the Decree. Comments should be addressed to the Acting Assistant Attorney General, Environment and Natural Resources Division and should refer to United States v. XTO Energy, Inc., D.J. Ref. 90–5–1–1–10439. 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 ........... sroberts on DSK5SPTVN1PROD with NOTICES During the public comment period, the Decree may be examined on the following Department of Justice Web site: https://www.usdoj.gov/enrd/ Consent_Decrees.html. We will provide a paper copy of the 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 in the amount of $10.00 (.25 cents per page reproduction cost) payable to the U.S. Treasury. Maureen Katz, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2013–17719 Filed 7–23–13; 8:45 am] BILLING CODE 4410–15–P VerDate Mar<15>2010 16:35 Jul 23, 2013 Jkt 229001 DEPARTMENT OF LABOR Employee Benefits Security Administration 167th Meeting of the Advisory Council on Employee Welfare and Pension Benefit Plans; Notice of Meeting Pursuant to the authority contained in Section 512 of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1142, the 167th open meeting of the Advisory Council on Employee Welfare and Pension Benefit Plans (also known as the ERISA Advisory Council) will be held on August 27–29, 2013. The three-day meeting will take place at the U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210 in C5521 Room 4. The meeting will run from 9:00 a.m. to approximately 5:30 p.m. on August 27– 28 and from 8:30 a.m. to 5 p.m. on August 29, with a one hour break for lunch each day. The purpose of the open meeting is for Advisory Council members to hear testimony from invited witnesses and to receive an update from the Employee Benefits Security Administration (EBSA). The EBSA update is scheduled for the morning of August 28, subject to change. The Advisory Council will study the following issues: (1) Successful Retirement Plan Communications for Various Population Segments, (2), Locating Missing and Lost Participants, and (3) Private Sector Pension Derisking and Participant Protections. The schedule for testimony and discussion of these issues generally will be one issue per day in the order noted above. Descriptions of these topics are available on the Advisory Council page of the EBSA Web site, at www.dol.gov/ ebsa/aboutebsa/ erisa_advisory_council.html. Organizations or members of the public wishing to submit a written statement may do so by submitting 30 copies on or before August 20, 2013 to Larry Good, Executive Secretary, ERISA Advisory Council, U.S. Department of Labor, Suite N–5623, 200 Constitution Avenue NW., Washington, DC 20210. Statements also may be submitted as email attachments in text or pdf format transmitted to good.larry@dol.gov. It is requested that statements not be included in the body of the email. Statements deemed relevant by the Advisory Council and received on or before August 20 will be included in the record of the meeting and made available to the public, along with witness statements. Do not include any personally identifiable information (such as name, address, or other contact PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 information) or confidential business information that you do not want publicly disclosed. Written statements submitted by invited witnesses will be posted on the Advisory Council page of the EBSA Web site, without change, and can be retrieved by most Internet search engines. Individuals or representatives of organizations wishing to address the Advisory Council should forward their requests to the Executive Secretary or telephone (202) 693–8668. Oral presentations will be limited to 10 minutes, time permitting, but an extended statement may be submitted for the record. Individuals with disabilities who need special accommodations should contact the Executive Secretary by August 20. Signed at Washington, DC, this 18th day of July, 2013. Phyllis C. Borzi, Assistant Secretary, Employee Benefits Security Administration. [FR Doc. 2013–17761 Filed 7–23–13; 8:45 am] BILLING CODE 4510–29–P DEPARTMENT OF LABOR Employment and Training Administration Comment Request for Information Collection for Veterans Retraining Assistance Program Participant (VRAP) Outreach Reporting, Extension Without Changes Employment and Training Administration (ETA), Labor. ACTION: Notice. AGENCY: The Department of Labor (Department), as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act (PRA) of 1995 [44 U.S.C. 3506(c)(2)(A)]. This program helps ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, ETA is soliciting comments concerning the collection of data about ‘‘Veterans Retraining Assistance Program Participant Outreach Reporting’’ which is a request for an extension without changes to the data collection from State Workforce SUMMARY: E:\FR\FM\24JYN1.SGM 24JYN1

Agencies

[Federal Register Volume 78, Number 142 (Wednesday, July 24, 2013)]
[Notices]
[Pages 44599-44600]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17719]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean 
Water Act

    On July 18, 2013, the Department of Justice lodged a proposed 
Consent Decree (``Decree'') with the United States District Court for 
the Middle District of Pennsylvania in the lawsuit entitled United 
States v. XTO Energy, Inc. (``Defendant''), Civil Action No. 4:13-cv-
01954-MWB.
    In this action the United States, on behalf of the Environmental 
Protection Agency (``EPA''), filed a complaint against Defendant 
seeking permanent injunctive relief and civil penalties under the Clean 
Water Act (``CWA''), 33 U.S.C. 1251-1387, resulting from unauthorized 
discharges of flowback fluid and produced fluid into waters of the 
United States from tanks and valves associated with Defendant's 
hydraulic fracturing operations at Defendant's well pad and storage 
facility located at 301 Marquardt Road, in Penn Township, Lycoming 
County, Pennsylvania. Produced fluid and flowback fluid contain 
contaminants such as barium, calcium, iron, magnesium, manganese, 
potassium, sodium, strontium, bromide, chloride,

[[Page 44600]]

and total dissolved solids. The Decree requires Defendant to undertake 
compliance measures to prevent and contain future releases. These 
measures include installation of secondary containment, high level 
shut-down devices, and caps, flanges and plugs at Defendant's existing 
and new natural gas wells within EPA Region 3; implementation of 
standard operating procedures for tank loading and unloading; and an 
obligation to increase recycling of produced fluid and flowback fluid. 
In addition, the Decree requires the Defendant to pay within thirty 
(30) days the sum of $100,000 as a civil penalty, together with 
interest accruing from the date on which the Decree is lodged with the 
court.
    The publication of this notice opens a period for public comment on 
the Decree. Comments should be addressed to the Acting Assistant 
Attorney General, Environment and Natural Resources Division and should 
refer to United States v. XTO Energy, Inc., D.J. Ref. 90-5-1-1-10439. 
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 Decree may be examined on the 
following Department of Justice Web site: https://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy of the 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 in the amount of $10.00 (.25 
cents per page reproduction cost) payable to the U.S. Treasury.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2013-17719 Filed 7-23-13; 8:45 am]
BILLING CODE 4410-15-P
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