Notice of Lodging of Consent Decree Pursuant to the Resource Conservation and Recovery Act and the Clean Water Act, 68300-68301 [2014-26888]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 68300 Federal Register / Vol. 79, No. 220 / Friday, November 14, 2014 / Notices 201), and part 207, subparts A, D, E, and F (19 CFR part 207). DATES: Effective Date: November 5, 2014. FOR FURTHER INFORMATION CONTACT: Joanna Lo (202–205–1888), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearingimpaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for these reviews may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—On July 7, 2014, the Commission determined that responses to its notice of institution of the subject five-year reviews were such that full reviews pursuant to section 751(c)(5) of the Act should proceed (79 FR 42049, July 18, 2014). A record of the Commissioners’ votes, the Commission’s statement on adequacy, and any individual Commissioner’s statements are available from the Office of the Secretary and at the Commission’s Web site. Participation in the reviews and public service list.—Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in these reviews as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11 of the Commission’s rules, by 45 days after publication of this notice. A party that filed a notice of appearance following publication of the Commission’s notice of institution of the reviews need not file an additional notice of appearance. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the reviews. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to section 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in these reviews available to authorized applicants under the APO issued in the reviews, provided that the VerDate Sep<11>2014 17:37 Nov 13, 2014 Jkt 235001 application is made by 45 days after publication of this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the reviews. A party granted access to BPI following publication of the Commission’s notice of institution of the reviews need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff report.—The prehearing staff report in the reviews will be placed in the nonpublic record on Wednesday, March 4, 2015, and a public version will be issued thereafter, pursuant to section 207.64 of the Commission’s rules. Hearing.—The Commission will hold a hearing in connection with the reviews beginning at 9:30 a.m. on Wednesday, March 25, 2015, at the U.S. International Trade Commission Building. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before Monday, March 16, 2015. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference to be held at 9:30 a.m. on Thursday, March 19, 2015, at the U.S. International Trade Commission Building. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), 207.24, and 207.66 of the Commission’s rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. Written submissions.—Each party to the reviews may submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.65 of the Commission’s rules; the deadline for filing is Friday, March 13, 2015. Parties may also file written testimony in connection with their presentation at the hearing, as provided in section 207.24 of the Commission’s rules, and posthearing briefs, which must conform with the provisions of section 207.67 of the Commission’s rules. The deadline for filing posthearing briefs is Friday, April 3, 2015. In addition, any person who has not entered an appearance as a party to the reviews may submit a written statement of information pertinent to the subject of the reviews on or before Friday, April 3, 2015. On Thursday, April 30, 2015, the Commission will make available to parties all information PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before Monday, May 4, 2015, but such final comments must not contain new factual information and must otherwise comply with section 207.68 of the Commission’s rules. All written submissions must conform with the provisions of section 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on E-Filing, available on the Commission’s Web site at https://edis.usitc.gov, elaborates upon the Commission’s rules with respect to electronic filing. Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with sections 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the reviews must be served on all other parties to the reviews (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. By order of the Commission. Issued: November 7, 2014. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2014–26972 Filed 11–13–14; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Pursuant to the Resource Conservation and Recovery Act and the Clean Water Act On November 5, 2014, the Department of Justice lodged a proposed Consent Decree (‘‘Decree’’) in the United States District Court for the Northern District of Alabama, Southern Division, in the lawsuit entitled United States of America and State of Alabama v.Bessemer Petroleum, Inc., Tri-State Petroleum Products, LLC, and Twin States Petroleum Products, LLC., E:\FR\FM\14NON1.SGM 14NON1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 220 / Friday, November 14, 2014 / Notices (collectively ‘‘Defendants’’) Civil Action No.2:12–cv–01141–RDP. The Plaintiffs in this case are the United States on behalf of the United States Environmental Protection Agency and the State of Alabama Department of Environmental Management (‘‘ADEM’’) (collectively referred to as ‘‘Plaintiffs’’). This Decree represents a settlement of claims against the Defendants for failure to comply with administrative orders issued pursuant to the Resource Conservation and Recovery Act (‘‘RCRA’’) and the Clean Water Act (‘‘CWA’’), for violations of the Solid Waste Disposal Act (‘‘SWDA’’), as amended by RCRA, 42 U.S.C. 6901– 6992k, and, pursuant to Section 311 of the CWA, 33. U.S.C. 1321, for the recovery of costs incurred by the United States Coast Guard in responding to the discharge or threat of discharge of oil at the Defendants’ facility in Jefferson County, Alabama. The Consent Decree provides for the injunctive relief sought by the United States that Plaintiffs submit is necessary to address the Defendants’ violations to protect human health and the environment. The injunctive relief that the Defendants must perform is set forth in Section VI. (Work to be Performed) of the Consent Decree, and in Appendix B to the Consent Decree (Statement of Work). The work set forth in the Statement of Work includes: (1) Providing site security; (2) removing and disposing/ recycling of all free liquids or sludges from any containers on site; (3) removing or permanently closing all above-ground storage tanks (‘‘ASTs’’) at the facility; (4) permanently closing the underground storage tanks (‘‘USTs’’) at the facility in accordance with Alabama Department of Environmental Management (‘‘ADEM’’) Admin. Code Chapter 335–6–15 (40 CFR Part 280 (Subpart G)); (5) performing a site assessment of soil and groundwater contamination at and around the facility or off-site, as necessary; (6) excavating oil-contaminated soils and disposing of all waste materials; and (7) performing all necessary remediation activities to address contamination exceeding applicable screening or cleanup levels. The Consent Decree requires financial assurance in the form of an escrow account, trust fund, surety bond, letter of credit, or insurance in an amount sufficient to cover the cost of the work outlined in the Statement of Work. The Consent Decree also requires the Defendants to reimburse the United States Coast Guard for costs incurred in the amount of $239,285.47. In addition, the Consent Decree requires the payment of a $20,000 penalty, to be VerDate Sep<11>2014 17:37 Nov 13, 2014 Jkt 235001 divided equally between the Plaintiffs. The Consent Decree contains provisions for stipulated penalties for failure to comply with the requirements of the 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 and State of Alabama v. Bessemer Petroleum, Inc., et al, Civil Action No. 2:12–cv–01141–RDP, D. J. Ref. No. 90–7–1–09700. 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: 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 $12.00 (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. 2014–26888 Filed 11–13–14; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993; Open Platform for NVF Project, Inc. Notice is hereby given that, on October 17, 2014, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Open Platform for NVF Project, Inc. (‘‘Open PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 68301 Platform for NVF Project’’) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing (1) the identities of the parties to the venture and (2) the nature and objectives of the venture. The notifications were filed for the purpose of invoking the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Pursuant to Section 6(b) of the Act, the identities of the parties to the venture are: 6Wind SA, Montigny-leBretonneux, FRANCE; Alcatel-Lucent, Murray Hill, NJ; ARM Limited, Cambridge, UNITED KINGDOM; AT&T, Dallas, TX; Broadcom Corporation, Irvine, CA; Brocade Communications, San Jose, CA; Cable Television Laboratories, Inc., Louisville, CO; Cavium, Inc., San Jose, CA; CenturyLink, Monroe, LA; China Mobile Communication Co., Ltd. Research Institute, Beijing, PEOPLE’S REPUBLIC OF CHINA; Ciena Corporation, San Jose, CA; Cisco Systems, Inc., San Jose, CA; Citrix, Santa Clara, CA; ClearPath Networks, El Segundo, CA; Contextream, Inc., Mountain View, CA; Coriant GmbH, Munich, GERMANY; Cyan, Inc., Petaluma, CA; Dell USA, LP, Round Rock, TX; Dorado Software, Inc., El Dorado Hills, CA; Ericsson AB, Kista, SWEDEN; Hewlett-Packard Co., Palo Alto, CA; Huawei Technologies Co., Ltd., Shenzhen, PEOPLE’S REPUBLIC OF CHINA; International Business Machines Corporation, New York, NY; Intel Corporation, Santa Clara, CA; Ixia, Calabasas, CA; Juniper Networks, Sunnyvale, CA; Metaswitch Networks, Ltd., Enfield, UNITED KINGDOM; Mirantis, Inc., Mountain View, CA; NEC Corporation, Tokyo, JAPAN; Nokia Networks, Espoo, FINLAND; NTT DOCOMO, Inc., Tokyo, JAPAN; Ooredoo Group, Doha, QATAR; Orange S.A., Paris, FRANCE; Overture Networks, Inc., Morrisville, NC; Red Hat, Inc., Raleigh, NC; Sandvine Incorporated ULC, Waterloo, Ontario, CANADA; Sprint Corporation, Overland Park, KS; Telecom Italia S.p.a., Torino, ITALY; Vodafone Group PLC, Newbury, UNITED KINGDOM; and Wind River Systems, Alameda, CA. The general area of Open Platform for NVF Project’s planned activity is to drive the evolution of Network Function Virtualization (‘‘NFV’’) by (a) developing an integrated and tested open software platform (including interfaces to hardware) capable of providing NVF functionality (the ‘‘Platform’’); (b) contributing changes to and influencing upstream projects leveraging the Platform; (c) building E:\FR\FM\14NON1.SGM 14NON1

Agencies

Department of Justice

[Federal Register Volume 79, Number 220 (Friday, November 14, 2014)]
[Notices]
[Pages 68300-68301]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26888]


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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 November 5, 2014, the Department of Justice lodged a proposed 
Consent Decree (``Decree'') in the United States District Court for the 
Northern District of Alabama, Southern Division, in the lawsuit 
entitled United States of America and State of Alabama v.Bessemer 
Petroleum, Inc., Tri-State Petroleum Products, LLC, and Twin States 
Petroleum Products, LLC.,

[[Page 68301]]

(collectively ``Defendants'') Civil Action No.2:12-cv-01141-RDP. The 
Plaintiffs in this case are the United States on behalf of the United 
States Environmental Protection Agency and the State of Alabama 
Department of Environmental Management (``ADEM'') (collectively 
referred to as ``Plaintiffs'').
    This Decree represents a settlement of claims against the 
Defendants for failure to comply with administrative orders issued 
pursuant to the Resource Conservation and Recovery Act (``RCRA'') and 
the Clean Water Act (``CWA''), for violations of the Solid Waste 
Disposal Act (``SWDA''), as amended by RCRA, 42 U.S.C. 6901-6992k, and, 
pursuant to Section 311 of the CWA, 33. U.S.C. 1321, for the recovery 
of costs incurred by the United States Coast Guard in responding to the 
discharge or threat of discharge of oil at the Defendants' facility in 
Jefferson County, Alabama.
    The Consent Decree provides for the injunctive relief sought by the 
United States that Plaintiffs submit is necessary to address the 
Defendants' violations to protect human health and the environment. The 
injunctive relief that the Defendants must perform is set forth in 
Section VI. (Work to be Performed) of the Consent Decree, and in 
Appendix B to the Consent Decree (Statement of Work).
    The work set forth in the Statement of Work includes: (1) Providing 
site security; (2) removing and disposing/recycling of all free liquids 
or sludges from any containers on site; (3) removing or permanently 
closing all above-ground storage tanks (``ASTs'') at the facility; (4) 
permanently closing the underground storage tanks (``USTs'') at the 
facility in accordance with Alabama Department of Environmental 
Management (``ADEM'') Admin. Code Chapter 335-6-15 (40 CFR Part 280 
(Subpart G)); (5) performing a site assessment of soil and groundwater 
contamination at and around the facility or off-site, as necessary; (6) 
excavating oil-contaminated soils and disposing of all waste materials; 
and (7) performing all necessary remediation activities to address 
contamination exceeding applicable screening or cleanup levels. The 
Consent Decree requires financial assurance in the form of an escrow 
account, trust fund, surety bond, letter of credit, or insurance in an 
amount sufficient to cover the cost of the work outlined in the 
Statement of Work.
    The Consent Decree also requires the Defendants to reimburse the 
United States Coast Guard for costs incurred in the amount of 
$239,285.47. In addition, the Consent Decree requires the payment of a 
$20,000 penalty, to be divided equally between the Plaintiffs. The 
Consent Decree contains provisions for stipulated penalties for failure 
to comply with the requirements of the 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 and State of Alabama v. Bessemer 
Petroleum, Inc., et al, Civil Action No. 2:12-cv-01141-RDP, D. J. Ref. 
No. 90-7-1-09700. 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: 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 $12.00 (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. 2014-26888 Filed 11-13-14; 8:45 am]
BILLING CODE 4410-15-P

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