Notice of Lodging of Proposed Consent Decree Under the Clean Water Act, 52909-52910 [2016-18931]
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52909
Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Notices
Company
FR Docket
Noramco, Inc. ..........................................................................................
Cayman Chemical Company ..................................................................
Janssen Pharmaceutical, Inc. .................................................................
Insys Therapeutics, Inc. ..........................................................................
Siemens Healthcare Diagnostics, Inc. ....................................................
Siegfried USA, LLC .................................................................................
Patheon Pharmaceuticals, Inc. ...............................................................
Navinta, LLC ............................................................................................
Patheon API Manufacturing, Inc. ............................................................
The DEA has considered the factors in
21 U.S.C. 823(a) and determined that
the registration of these registrants to
manufacture the applicable basic classes
of controlled substances is consistent
with the public interest and with United
States obligations under international
treaties, conventions, or protocols in
effect on May 1, 1971. The DEA
investigated each of the company’s
maintenance of effective controls
against diversion by inspecting and
testing each company’s physical
security systems, verifying each
company’s compliance with state and
local laws, and reviewing each
company’s background and history.
Therefore, pursuant to 21 U.S.C.
823(a), and in accordance with 21 CFR
1301.33, the DEA has granted a
registration as a bulk manufacturer to
the above listed persons.
Dated: August 2, 2016.
Louis J. Milione,
Deputy Assistant Administrator.
[FR Doc. 2016–18921 Filed 8–9–16; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
mstockstill on DSK3G9T082PROD with NOTICES
Notice of Lodging Proposed Consent
Decree
In accordance with Departmental
Policy, 28 CFR 50.7, notice is hereby
given that a proposed Consent Decree in
Dan Eoff v. United States Environmental
Protection Agency, Civil Action No.
4:13–cv–00368–DPM, was lodged with
the United States District Court for the
Eastern District of Arkansas, Western
Division, on August 4, 2016.
This proposed Consent Decree
concerns a complaint filed by Plaintiff
and Counterclaim Defendant Dan Eoff
against the United States Environmental
Protection Agency, and an answer and
counterclaim filed by the United States,
on behalf of the United States
Environmental Protection Agency,
against Dan Eoff pursuant to Section
301(a) of the Clean Water Act, to obtain
injunctive relief from and impose civil
penalties against the Plaintiff and
Counterclaim Defendant for violating
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the Clean Water Act by discharging
pollutants without a permit into waters
of the United States. The proposed
Consent Decree resolves these
allegations by requiring Mr. Eoff to
restore the impacted areas, perform
mitigation and pay a civil penalty.
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 Lisa
Bell, Trial Attorney and John E.
Sullivan, Trial Attorney for the United
States Department of Justice,
Environment and Natural Resources
Division, Environmental Defense
Section, Post Office Box 7611,
Washington, DC 20044 and refer to Dan
Eoff v. United States Environmental
Protection Agency, DJ # 90–5–1–4–
19920.
The proposed Consent Decree may be
examined at the Clerk’s Office, United
States District Court for the Eastern
District of Arkansas, Western Division,
600 West Capitol Avenue, Suite A149,
Little Rock, AR 72201. In addition, the
proposed Consent Decree may be
examined electronically at https://
www.justice.gov/enrd/consent-decrees.
Cherie L. Rogers,
Assistant Section Chief, Environmental
Defense Section, Environment and Natural
Resources Division.
[FR Doc. 2016–18933 Filed 8–9–16; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the Clean Water
Act
On August 4, 2016, the Department of
Justice lodged a proposed Consent
Decree with the United States District
Court for the Western District of
Pennsylvania in the lawsuit entitled
United States and the Pennsylvania
Department of Environmental
Protection v. CONSOL Energy Inc., et
al., Civil Action No. 2:16–CV–01178.
The proposed Consent Decree will
resolve Clean Water Act and associated
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February 12, 2016.
February 24, 2016.
February 24, 2016.
February 24, 2016.
March 23, 2016.
March 23, 2016.
March 23, 2016.
April 7, 2016.
April 14, 2016.
state claims alleged in this action by the
United States and the Pennsylvania
Department of Environmental Protection
Against CONSOL Energy Inc., CNX Coal
Resources LP, and Consol Pennsylvania
Coal Company LLC for the discharge of
pollutants from the Bailey Mine
Complex in Greene and Washington
Counties, Pennsylvania, into state
waters and waters of the United States
in violation of limits in National
Pollutant Discharge Elimination System
(‘‘NPDES’’) permits. Under the proposed
Consent Decree, Defendants will
perform injunctive relief including
implementing water management
measures to prevent contaminated
discharge, conducting long-term
monitoring to ensure sufficient storage
capacity to prevent future discharges,
developing contingency plans should
future discharges become likely, and
implementing an environmental
management system to ensure
compliance with the Clean Water Act
and other applicable environmental
laws. In addition, Defendants will pay a
total civil penalty of $3 million in three
installments, with the last payment on
January 15, 2018.
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 the Pennsylvania
Department of Environmental
Protection v. CONSOL Energy Inc. et al.,
D.J. Ref. No. 90–5–1–1–10614. 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 .........
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52910
Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Notices
During the public comment period,
the Consent Decree may be examined
and downloaded at this Justice
Department Web site: https://
www.justice.gov/enrd/consent-decrees.
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 $15.25 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Jeffrey Sands,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2016–18931 Filed 8–9–16; 8:45 am]
BILLING CODE 4410–15–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–482; NRC–2016–0162]
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this document
(if that document is available in
ADAMS) is provided the first time that
a document is referenced.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Carl
F. Lyon, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone: 301–415–2296, email:
Fred.Lyon@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Wolf Creek Generating Station; Use of
Optimized ZIRLOTM Fuel Rod Cladding
Material
Nuclear Regulatory
Commission.
ACTION: Exemption; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an
exemption in response to a January 27,
2016, request, as supplemented on May
19, 2016, from Wolf Creek Nuclear
Operating Corporation (WCNOC or the
licensee) in order to use Optimized
ZIRLOTM fuel rod cladding material at
Wolf Creek Generating Station (WCGS).
DATES: The exemption was issued on
August 2, 2016.
ADDRESSES: Please refer to Docket ID
NRC–2016–0162 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2016–0162. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
mstockstill on DSK3G9T082PROD with NOTICES
SUMMARY:
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The licensee is the holder of Renewed
Facility Operating License No. NPF–42,
which authorizes operation of WCGS.
The license provides, among other
things, that the facility is subject to all
rules, regulations, and orders of the NRC
now or hereafter in effect. The facility
consists of a pressurized-water reactor
located in Coffey County, Kansas.
II. Request/Action
Pursuant to § 50.12 of title 10 of the
Code of Federal Regulations (10 CFR),
‘‘Specific exemptions,’’ the licensee
requested by letter dated January 27,
2016, as supplemented by letter dated
May 19, 2016 (ADAMS Accession Nos.
ML16033A470 and ML16161A509,
respectively), an exemption from
specific requirements of 10 CFR 50.46,
‘‘Acceptance criteria for emergency core
cooling systems [ECCS] for light-water
nuclear power reactors,’’ and 10 CFR
part 50, appendix K, ‘‘ECCS Evaluation
Models,’’ to allow the use of fuel rod
cladding with Optimized ZIRLOTM alloy
for future reload applications. The
regulations in 10 CFR 50.46 contain
acceptance criteria for the ECCS for
reactors fueled with zircaloy or
ZIRLOTM fuel rod cladding material. In
addition, 10 CFR part 50, appendix K,
requires that the Baker-Just equation be
used to predict the rates of energy
release, hydrogen concentration, and
cladding oxidation from the metal/water
reaction. The Baker-Just equation
assumes the use of a zirconium alloy,
which is a material different from
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Sfmt 4703
Optimized ZIRLOTM. The licensee
requested the exemption because these
regulations do not have provisions for
the use of fuel rod cladding material
other than zircaloy or ZIRLOTM. Because
the material specifications of Optimized
ZIRLOTM differ from the specifications
for zircaloy or ZIRLOTM, a plant-specific
exemption is required to support the
reload applications for WCGS.
The exemption request relates solely
to the cladding material specified in
these regulations (i.e., fuel rods with
Zircaloy or ZIRLOTM cladding material).
This exemption would provide for the
application of the acceptance criteria of
10 CFR 50.46 and 10 CFR part 50,
appendix K, to fuel assembly designs
using Optimized ZIRLOTM fuel rod
cladding material. In its letter dated
January 27, 2016, as supplemented by
letter dated May 19, 2016, the licensee
indicated that it was not seeking an
exemption from the acceptance and
analytical criteria of these regulations.
The intent of the request is to allow the
use of the criteria set forth in these
regulations for application of the
Optimized ZIRLOTM fuel rod cladding
material.
III. Discussion
Pursuant to 10 CFR 50.12, the
Commission may, upon application by
any interested person or upon its own
initiative, grant exemptions from the
requirements of 10 CFR part 50 when:
(1) The exemptions are authorized by
law, will not present an undue risk to
public health or safety, and are
consistent with the common defense
and security; and (2) when special
circumstances are present. Under 10
CFR 50.12(a)(2), special circumstances
include, among other things, when
application of the specific regulation in
the particular circumstance would not
serve, or is not necessary to achieve, the
underlying purpose of the rule.
A. Special Circumstances
Special circumstances, in accordance
with 10 CFR 50.12(a)(2)(ii), are present
whenever application of the regulation
in the particular circumstances is not
necessary to achieve the underlying
purpose of the rule. The underlying
purpose of 10 CFR 50.46 and 10 CFR
part 50, appendix K, is to establish
acceptance criteria for ECCS
performance. The regulations in 10 CFR
50.46 and 10 CFR part 50, appendix K,
are not directly applicable to Optimized
ZIRLOTM, even though the evaluations
described in the following sections of
this exemption show that the intent of
the regulation is met. Therefore, since
the underlying purposes of 10 CFR
50.46 and 10 CFR part 50, appendix K,
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Agencies
[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Notices]
[Pages 52909-52910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18931]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act
On August 4, 2016, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Western
District of Pennsylvania in the lawsuit entitled United States and the
Pennsylvania Department of Environmental Protection v. CONSOL Energy
Inc., et al., Civil Action No. 2:16-CV-01178.
The proposed Consent Decree will resolve Clean Water Act and
associated state claims alleged in this action by the United States and
the Pennsylvania Department of Environmental Protection Against CONSOL
Energy Inc., CNX Coal Resources LP, and Consol Pennsylvania Coal
Company LLC for the discharge of pollutants from the Bailey Mine
Complex in Greene and Washington Counties, Pennsylvania, into state
waters and waters of the United States in violation of limits in
National Pollutant Discharge Elimination System (``NPDES'') permits.
Under the proposed Consent Decree, Defendants will perform injunctive
relief including implementing water management measures to prevent
contaminated discharge, conducting long-term monitoring to ensure
sufficient storage capacity to prevent future discharges, developing
contingency plans should future discharges become likely, and
implementing an environmental management system to ensure compliance
with the Clean Water Act and other applicable environmental laws. In
addition, Defendants will pay a total civil penalty of $3 million in
three installments, with the last payment on January 15, 2018.
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 the Pennsylvania Department of
Environmental Protection v. CONSOL Energy Inc. et al., D.J. Ref. No.
90-5-1-1-10614. 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.
------------------------------------------------------------------------
[[Page 52910]]
During the public comment period, the Consent Decree may be
examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. 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 $15.25 (25 cents per page
reproduction cost) payable to the United States Treasury.
Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2016-18931 Filed 8-9-16; 8:45 am]
BILLING CODE 4410-15-P