Notice of Lodging of Consent Decree; Pursuant to the Resource Conservation and Recovery Act and the Clean Water Act, 68093-68094 [2013-27035]

Download as PDF Federal Register / Vol. 78, No. 219 / Wednesday, November 13, 2013 / Notices 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 amendment may be examined and downloaded at this Justice Department Web site: http:// www.usdoj.gov/enrd/Consent_ Decrees.html. We will provide a paper copy of the consent decree amendment 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 $75.50 (25 cents per page reproduction cost) payable to the United States Treasury. For a paper copy without the appendices, the cost is $8.75. Henry S. Friedman, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2013–27050 Filed 11–12–13; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE sroberts on DSK5SPTVN1PROD with NOTICES Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act On November 6, 2013, the Department of Justice lodged a proposed consent decree with the United States District Court for the District of Rhode Island in the lawsuit entitled United States v. Estate of Amilio L. Zompa, et al., Civil Action No. 3:12–cv–00812–ML–PAS. The United States filed this lawsuit under Section 107(a) of the Comprehensive Environmental Response, Compensation and Liability Act (‘‘CERCLA’’). The United States’ complaint seeks recovery of costs incurred in connection with the Environmental Protection Agency’s cleanup of hazardous substances at the Birch Swamp Road Superfund Site in Warren, Rhode Island. The Consent Decree requires the defendants to pay a total of $92,000 plus interest, and 82% of the net proceeds from the sale of two properties. The Decree also requires the United States on behalf of the Defense Logistics Agency to pay $475,000 to resolve a potential counterclaim for contribution under Section 113(f) of CERCLA. VerDate Mar<15>2010 17:14 Nov 12, 2013 Jkt 232001 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 v. Estate of Amilio L. Zompa, et al., D.J. Ref. No. 90–11–3– 090979/1. 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 email ......... pubcomment-ees.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: http:// 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 $12.25 (25 cents per page reproduction cost) payable to the United States Treasury. Robert E. Maher, Jr., Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2013–27158 Filed 11–12–13; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree; Pursuant to the Resource Conservation and Recovery Act and the Clean Water Act On October 28, 2013, the Department of Justice lodged a proposed Consent Decree (‘‘Decree’’) in the United States District Court for the Eastern District of Kentucky in the lawsuit entitled United States of America v. Calgon Carbon Corporation, Civil Action No. 0:13–cv– 00158. This Decree represents a settlement of claims against the Defendant Calgon Carbon Corporation (‘‘Defendant’’ or ‘‘Calgon’’) for violations of Kentucky Revised Statutes (KRS) Title XVIII Chapter 224, Subchapter 46-Hazardous PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 68093 Waste et seq. (Section 3005 of the Resource Conservation and Recovery Act (‘‘RCRA’’), 42 U.S.C. 9625), and the Kentucky Hazardous Waste Management Regulations, as authorized, at Title 401 of Kentucky Administrative Regulations (KAR) Chapters 31 through 38 (40 CFR parts 260 through 270), which account for numerous RCRA hazardous waste permit conditions, RCRA interim status conditions, and other RCRA hazardous waste management requirements at Calgon’s Big Sandy facility located near Catlettsburg, Kentucky, and at Calgon’s Solid Waste Landfill. In addition, the Complaint contains allegations of violations by Calgon of the Clean Water Act (CWA), Sections 301 and 402 of the CWA, 42 U.S.C. SS 1341 and 1311, by not complying with its National Pollutant Discharge Elimination System (NPDES) permit. Under the proposed Consent Decree, the Defendant will pay a penalty of $1.6 million, to be allocated as $1,374,000 as civil penalty for RCRA violations, and $226,000 for the CWA violations. The Decree provides for stipulated penalties in the event the Defendant fails to comply with the Decree’s requirements. The proposed Consent Decree provides for injunctive relief sought by the United States that EPA believes is necessary to address Calgon’s violations and bring the facility into compliance with the law. The injunctive relief that Calgon must perform is set forth in Section V. (Compliance Requirements) of the Consent Decree. Calgon has already submitted a Lagoon Solids Stockpile Sampling Quality Assurance Project Plan (QAPP) and Lagoon Solids Stockpile Sampling Work Plan to address sampling and testing of the Phase II Lagoon Solids Stockpile. EPA has already approved this Work Plan and QAPP, which are attached as an appendix to the Consent Decree. Calgon is required to begin to implement its Work Plan within thirty days of the Effective Date of the Consent Decree, which is the date the Decree is entered by the Court. Within ninety days from the Effective Date of the Decree, Calgon is required to submit a site specific QAPP and Work Plan to address the sampling and testing of groundwater at Calgon’s Residual Solid Waste Landfill. Upon acceptance of the Plan by the Environmental Protection Agency (EPA), Calgon is required to begin to implement the Work within fifteen days. Calgon must further conduct Corrective Action in accordance with its State-issued RCRA permit and any other applicable Commonwealth rules and regulations for solid waste management E:\FR\FM\13NON1.SGM 13NON1 68094 Federal Register / Vol. 78, No. 219 / Wednesday, November 13, 2013 / Notices units (SWMUs) and areas of contamination (AOCs). The specific Corrective Action conditions are delegated to the Commonwealth, and will be determined after the assessment work is done pursuant to the Consent Decree. 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 v. Calgon Carbon Corporation, Civil Action No. 0:13–cv– 00158, D. J. Ref. No. 90–7–1–09536. 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. 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: http:// 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 $18.00 (25 cents per page reproduction cost) payable to the United States Treasury for the Consent Decree and Exhibits thereto. BILLING CODE 4410–15–P DEPARTMENT OF LABOR sroberts on DSK5SPTVN1PROD with NOTICES Office of the Secretary Agency Information Collection Activities; Submission for OMB Review; Comment Request; American Time Use Survey Notice. The Department of Labor (DOL) is submitting the Bureau of Labor VerDate Mar<15>2010 17:14 Nov 12, 2013 Jkt 232001 Michel Smyth by telephone at 202–693– 4129 (this is not a toll-free number) or by email at DOL_PRA_PUBLIC@dol.gov. This ICR seeks to extend PRA authority to conduct the American Time Use Survey (ATUS), the first Federally administered continuous national survey on time use in the U.S. The ATUS measures, for example, time spent with children, working, sleeping, or doing leisure activities. In the U.S., several existing Federal surveys collect income and wage data for individuals and families, and analysts often use such measures of material prosperity as proxies for quality of life. Time-use data substantially augment these quality-oflife measures. The data also can be used in conjunction with wage data to evaluate the contribution of non-market work to national economies. This SUPPLEMENTARY INFORMATION: [FR Doc. 2013–27035 Filed 11–12–13; 8:45 am] SUMMARY: FOR FURTHER INFORMATION CONTACT: Authority: 44 U.S.C. 3507(a)(1)(D). Henry S. Friedman, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. ACTION: Statistics (BLS) sponsored information collection request (ICR) revision titled, ‘‘American Time Use Survey,’’ to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq. DATES: Submit comments on or before December 13, 2013. ADDRESSES: A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained free of charge from the RegInfo.gov Web site at http:// www.reginfo.gov/public/do/ PRAViewICR?ref_nbr=201307-1220-001 (this link will only become active on the day following publication of this notice) or by contacting Michel Smyth by telephone at 202–693–4129 (this is not a toll-free number) or sending an email to DOL_PRA_PUBLIC@dol.gov. Submit comments about this request to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL–BLS, Office of Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 20503, Fax: 202–395–6881 (this is not a toll-free number), email: OIRA_ submission@omb.eop.gov. Commenters are encouraged, but not required, to send a courtesy copy of any comments to the U.S. Department of Labor, OASAM, Office of the Chief Information Officer, Attn: Information Policy and Assessment Program, Room N1301, 200 Constitution Avenue NW., Washington, DC 20210, email: DOL_PRA_PUBLIC@ dol.gov. PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 enables comparisons of production between nations that have different mixes of market and non-market activities. While there are no proposed material changes to the ATUS, this ICR is considered to be a revision because of how an agency must account for burden changes under the PRA. Specifically, this ICR includes discretionary burden decreases to offset corresponding discretionary burden increases that will be reflected under other Control Numbers. More specifically, the DOL will now seek OMB approval to conduct 5-minute ATUS modules separately from the full ATUS ICR. This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the OMB under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid Control Number. See 5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this information collection under Control Number 1220–0175. The current approval for this collection is scheduled to expire on December 31, 2013; however, it should be noted that existing information collection requirements submitted to the OMB receive a month-to-month extension while they undergo review. New requirements would only take effect upon OMB approval. For additional substantive information about this ICR, see the related notice published in the Federal Register on July 19, 2013 (78 FR 43227). Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the ADDRESSES section within 30 days of publication of this notice in the Federal Register. In order to help ensure appropriate consideration, comments should mention OMB Control Number 1220– 0175. The OMB is particularly interested in comments that: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; E:\FR\FM\13NON1.SGM 13NON1

Agencies

[Federal Register Volume 78, Number 219 (Wednesday, November 13, 2013)]
[Notices]
[Pages 68093-68094]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27035]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree; Pursuant to the Resource 
Conservation and Recovery Act and the Clean Water Act

    On October 28, 2013, the Department of Justice lodged a proposed 
Consent Decree (``Decree'') in the United States District Court for the 
Eastern District of Kentucky in the lawsuit entitled United States of 
America v. Calgon Carbon Corporation, Civil Action No. 0:13-cv-00158.
    This Decree represents a settlement of claims against the Defendant 
Calgon Carbon Corporation (``Defendant'' or ``Calgon'') for violations 
of Kentucky Revised Statutes (KRS) Title XVIII Chapter 224, Subchapter 
46-Hazardous Waste et seq. (Section 3005 of the Resource Conservation 
and Recovery Act (``RCRA''), 42 U.S.C. 9625), and the Kentucky 
Hazardous Waste Management Regulations, as authorized, at Title 401 of 
Kentucky Administrative Regulations (KAR) Chapters 31 through 38 (40 
CFR parts 260 through 270), which account for numerous RCRA hazardous 
waste permit conditions, RCRA interim status conditions, and other RCRA 
hazardous waste management requirements at Calgon's Big Sandy facility 
located near Catlettsburg, Kentucky, and at Calgon's Solid Waste 
Landfill. In addition, the Complaint contains allegations of violations 
by Calgon of the Clean Water Act (CWA), Sections 301 and 402 of the 
CWA, 42 U.S.C. SS 1341 and 1311, by not complying with its National 
Pollutant Discharge Elimination System (NPDES) permit.
    Under the proposed Consent Decree, the Defendant will pay a penalty 
of $1.6 million, to be allocated as $1,374,000 as civil penalty for 
RCRA violations, and $226,000 for the CWA violations. The Decree 
provides for stipulated penalties in the event the Defendant fails to 
comply with the Decree's requirements.
    The proposed Consent Decree provides for injunctive relief sought 
by the United States that EPA believes is necessary to address Calgon's 
violations and bring the facility into compliance with the law. The 
injunctive relief that Calgon must perform is set forth in Section V. 
(Compliance Requirements) of the Consent Decree. Calgon has already 
submitted a Lagoon Solids Stockpile Sampling Quality Assurance Project 
Plan (QAPP) and Lagoon Solids Stockpile Sampling Work Plan to address 
sampling and testing of the Phase II Lagoon Solids Stockpile. EPA has 
already approved this Work Plan and QAPP, which are attached as an 
appendix to the Consent Decree. Calgon is required to begin to 
implement its Work Plan within thirty days of the Effective Date of the 
Consent Decree, which is the date the Decree is entered by the Court.
    Within ninety days from the Effective Date of the Decree, Calgon is 
required to submit a site specific QAPP and Work Plan to address the 
sampling and testing of groundwater at Calgon's Residual Solid Waste 
Landfill. Upon acceptance of the Plan by the Environmental Protection 
Agency (EPA), Calgon is required to begin to implement the Work within 
fifteen days.
    Calgon must further conduct Corrective Action in accordance with 
its State-issued RCRA permit and any other applicable Commonwealth 
rules and regulations for solid waste management

[[Page 68094]]

units (SWMUs) and areas of contamination (AOCs). The specific 
Corrective Action conditions are delegated to the Commonwealth, and 
will be determined after the assessment work is done pursuant to the 
Consent Decree.
    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 v. Calgon Carbon Corporation, Civil 
Action No. 0:13-cv-00158, D. J. Ref. No. 90-7-1-09536. 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 Consent Decree may be 
examined and downloaded at this Justice Department Web site: http://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 $18.00 (25 cents per page 
reproduction cost) payable to the United States Treasury for the 
Consent Decree and Exhibits thereto.

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2013-27035 Filed 11-12-13; 8:45 am]
BILLING CODE 4410-15-P