Notice of Lodging of Proposed Consent Decree Under the Clean Water Act, Clean Air Act, Emergency Planning and Community Right-To-Know Act, and Resource Conservation and Recovery Act, 151-152 [2017-28295]

Download as PDF Federal Register / Vol. 83, No. 1 / Tuesday, January 2, 2018 / Notices comments on or objections to the issuance of the proposed registration on or before March 5, 2018. Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/DRW, 8701 Morrissette Drive, Springfield, Virginia 22152. ADDRESSES: The Attorney General has delegated his authority under the Controlled Substances Act to the Administrator of the Drug Enforcement Administration (DEA), 28 CFR 0.100(b). Authority to exercise all necessary functions with respect to the promulgation and implementation of 21 CFR part 1301, incident to the registration of manufacturers, distributors, dispensers, importers, and exporters of controlled substances (other than final orders in connection with suspension, denial, or revocation of registration) has been redelegated to the Assistant Administrator of the DEA Diversion Control Division (‘‘Assistant Administrator’’) pursuant to section 7 of 28 CFR part 0, appendix to subpart R. In accordance with 21 CFR 1301.33(a), this is notice that on September 6, 2017, Organix, Inc., 240 Salem Street, Woburn, Massachusetts 01801 applied to be registered as a bulk manufacturer of the following basic classes of controlled substances: SUPPLEMENTARY INFORMATION: Controlled substance Drug code daltland on DSKBBV9HB2PROD with NOTICES Gamma Hydroxybutyric Acid. Lysergic acid diethylamide. Marihuana ......... Tetrahydrocannabinols. Dimethyltryptamine. Psilocybin ......... Psilocyn ............ Heroin ............... Morphine ........... Schedule 2010 I 7315 I 7360 7370 I I 7435 I 7437 7438 9200 9300 I I I II The company plans to manufacture reference standards for distribution to its research and forensic customers. In reference to drug code 7360 (marihuana) and 7370 (THC) the company plans to manufacture these drugs as synthetic. No other activities for these drug codes are authorized for this registration. Dated: December 26, 2017. Neil Doherty, Deputy Assistant Administrator. [FR Doc. 2017–28269 Filed 12–29–17; 8:45 am] BILLING CODE 4410–09–P VerDate Sep<11>2014 19:54 Dec 29, 2017 Jkt 244001 DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Water Act, Clean Air Act, Emergency Planning and Community Right-ToKnow Act, and Resource Conservation and Recovery Act On December 22, 2017, the Department of Justice filed an amended complaint and lodged a revised proposed consent decree with the United States District Court for the Western District of Pennsylvania in the lawsuit entitled United States and Territory of American Samoa v. StarKist Co. and Starkist Samoa Co., Civil Action No. 2:17–cv–01190–DSC. The amended complaint and revised proposed consent decree supersede the complaint and proposed consent decree filed by the Department of Justice in this action on September 12, 2017 and noticed for public comment in 82 FR 43,573 (Sept. 18, 2017). In addition to the allegations in the original complaint, the amended complaint, which is filed by the United States and the Territory of American Samoa, alleges three new violations of the Clean Water Act (‘‘CWA’’) related to unpermitted discharges from Starkist’s facility to Pago Pago Harbor. First, the amended complaint alleges that Starkist discharged stormwater associated with industrial activity without a permit between June 2, 2015 and the present. Second, the amended complaint alleges that Starkist discharged a milky-white substance that contained pollutants from its facility through a stormwater outfall on 5 occasions between July 13, 2017 and October 30, 2017. Finally, the amended complaint alleges that Starkist discharged pollutants from a sewage lift station overflow pipe at its facility into the harbor on September 20, 2017. For each of these violations, the amended complaint seeks injunctive relief and civil penalties. The amended complaint also adds a claim for relief by the Territory for violations of the American Samoa Environmental Quality Act and its implementing regulations based on the same facts underlying the United States’ claims for relief. In particular, the amended complaint alleges that Starkist’s unauthorized discharges and its discharges that exceeded effluent limitations in its NPDES permit violated the requirement in the American Samoa Environmental Quality Commission Rules that such discharges comply with NPDES rules and regulations. In addition, the amended complaint alleges that each of Starkist’s violations of Section 112(r) of the Clean Air Act PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 151 related to the handling of ammonia, butane, and chlorine at the facility violated the American Samoa Environmental Quality Commission Rules requirement to comply with the federal Clean Air Act. For each of these violations, the Territory seeks civil penalties. The revised proposed consent decree requires the defendants to perform injunctive relief, and pay an increased civil penalty of $6,500,000 (an increase of $200,000) to resolve the additional CWA violations alleged in the amended complaint, as well as the original alleged violations. Starkist must pay $3,900,000 to the United States and $2,600,000 to the Territory. The revised proposed consent decree requires the defendants to perform the injunctive relief included in the previously-lodged consent decree, as well as to address the additional CWA violations. It requires Starkist to obtain authorization to discharge stormwater from the facility, to implement best management practices, and prepare a plan to reduce, minimize, and eliminate pollutants in stormwater discharges from the facility. The decree also requires Starkist to identify and eliminate any connections between the facility’s industrial processes and its stormwater collection system. Finally, the revised proposed Consent Decree formalizes the role of the Territory in the implementation of the revised Consent Decree. The revised consent decree also replaces the process flow diagram in Appendix C to include an updated diagram. 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. StarKist Co. and Starkist Samoa Co., D.J. Ref. No. 90–5– 1–1–11357. 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 website: https:// www.justice.gov/enrd/consent-decrees. E:\FR\FM\02JAN1.SGM 02JAN1 152 Federal Register / Vol. 83, No. 1 / Tuesday, January 2, 2018 / Notices A Samoan language summary of the settlement is also available on the website. 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 $11.25 (25 cents per page reproduction cost) payable to the United States Treasury. Henry S. Friedman, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2017–28295 Filed 12–29–17; 8:45 am] BILLING CODE 4410–15–P Correction In the Federal Register of Friday, December 22, 2017, in FR Doc. 17– 27530, on page 60768, in the third column, correct the first paragraph to read: Thus, the national monthly AEWR rate for all range occupations in the H–2A program in 2018 is calculated by multiplying the full AEWR for calendar year 2017 by the 2018 ECI adjustment ($1544.07 × 1.026 = $1,584.22). Accordingly, any employer certified or seeking certification for range workers must pay each worker a wage that is at least the highest of the monthly AEWR of $1,584.22, the agreed-upon collective bargaining wage, or the applicable minimum wage imposed by Federal or State legislation or judicial action, at the time work is performed on or after the effective date of this notice. Nancy Rooney, Deputy Assistant Secretary, Employment and Training Administration. DEPARTMENT OF LABOR [FR Doc. 2017–28399 Filed 12–28–17; 4:15 pm] Employment and Training Administration BILLING CODE 4510–FP–P Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: Adverse Effect Wage Rate for Range Occupations in 2018; Correction DEPARTMENT OF LABOR The Employment and Training Administration (ETA) of the Department of Labor (Department) published a notice in the Federal Register on December 22, 2017, announcing the 2018 Adverse Effect Wage Rate (AEWR) for the employment of temporary or seasonal nonimmigrant foreign workers (H–2A workers) to perform herding or production of livestock on the range. That notice contained two different figures as the 2018 AEWR, one correct ($1,584.22/ month) and the other incorrect. This notice corrects the incorrect figure. DATES: January 1, 2018. FOR FURTHER INFORMATION CONTACT: William W. Thompson, II, Administrator, Office of Foreign Labor Certification, Box #12–200, Employment & Training Administration, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210. Telephone number: 202–513–7350 (this is not a toll-free number). Individuals with hearing or speech impairments may access the telephone number above via TTY by calling the toll-free Federal Information Relay Service at 1–877–889–5627. daltland on DSKBBV9HB2PROD with NOTICES VerDate Sep<11>2014 19:54 Dec 29, 2017 Jkt 244001 Notice of availability; request for comments. ACTION: The Department of Labor (DOL) is submitting the Mine Safety and Health Administration (MSHA) sponsored information collection request (ICR) titled, ‘‘Certification and Qualification to Examine, Test, Operate Hoists, and to Perform Other Duties,’’ to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited. DATES: The OMB will consider all written comments that agency receives on or before February 1, 2018. 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 website at https:// www.reginfo.gov/public/do/ PRAViewICR?ref_nbr=201708-1219-003 (this link will only become active on the day following publication of this notice) SUMMARY: PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 This ICR seeks to extend PRA authority for the Certification and Qualification to Examine, Test, Operate Hoists, and to Perform Other Duties information collection. More specifically, this ICR pertains to the certification of certain persons to perform specific examinations and tests. This ICR also seeks to extend PRA approval for procedures under which a coalmine operator is required to maintain a list of certified and qualified persons, and to develop an approved training plan for hosting engineers or host operators. A respondent uses the Safety and Health Activity Certification or Hoisting Engineer Qualification Request, Form MSHA–5000–41, in order to comply with the subject information collection requirements. Federal Mine Safety & Health Act of 1977 section 103(h) authorizes this information collection. See 30 U.S.C. 813(h). 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 SUPPLEMENTARY INFORMATION: Agency Information Collection Activities; Submission for OMB Review; Comment Request; Certification and Qualification To Examine, Test, Operate Hoists, and To Perform Other Duties Employment and Training Administration, Department of Labor. ACTION: Notice: Correction. SUMMARY: Authority: 44 U.S.C. 3507(a)(1)(D). Office of the Secretary AGENCY: or by contacting Michel Smyth by telephone at 202–693–4129, TTY 202– 693–8064, (these are not toll-free numbers) or by email at DOL_PRA_ PUBLIC@dol.gov. Submit comments about this request by mail to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL–MSHA, Office of Management and Budget, Room 10235, 725 17th Street NW, Washington, DC 20503; by Fax: 202–395–5806 (this is not a toll-free number); or by email: OIRA_submission@omb.eop.gov. Commenters are encouraged, but not required, to send a courtesy copy of any comments by mail or courier to the U.S. Department of Labor-OASAM, Office of the Chief Information Officer, Attn: Departmental Information Compliance Management Program, Room N1301, 200 Constitution Avenue NW, Washington, DC 20210; or by email: DOL_PRA_PUBLIC@dol.gov. FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202–693– 4129, TTY 202–693–8064, (these are not toll-free numbers) or by email at DOL_ PRA_PUBLIC@dol.gov. E:\FR\FM\02JAN1.SGM 02JAN1

Agencies

Department of Justice

[Federal Register Volume 83, Number 1 (Tuesday, January 2, 2018)]
[Notices]
[Pages 151-152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28295]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean 
Water Act, Clean Air Act, Emergency Planning and Community Right-To-
Know Act, and Resource Conservation and Recovery Act

    On December 22, 2017, the Department of Justice filed an amended 
complaint and lodged a revised proposed consent decree with the United 
States District Court for the Western District of Pennsylvania in the 
lawsuit entitled United States and Territory of American Samoa v. 
StarKist Co. and Starkist Samoa Co., Civil Action No. 2:17-cv-01190-
DSC. The amended complaint and revised proposed consent decree 
supersede the complaint and proposed consent decree filed by the 
Department of Justice in this action on September 12, 2017 and noticed 
for public comment in 82 FR 43,573 (Sept. 18, 2017).
    In addition to the allegations in the original complaint, the 
amended complaint, which is filed by the United States and the 
Territory of American Samoa, alleges three new violations of the Clean 
Water Act (``CWA'') related to unpermitted discharges from Starkist's 
facility to Pago Pago Harbor. First, the amended complaint alleges that 
Starkist discharged stormwater associated with industrial activity 
without a permit between June 2, 2015 and the present. Second, the 
amended complaint alleges that Starkist discharged a milky-white 
substance that contained pollutants from its facility through a 
stormwater outfall on 5 occasions between July 13, 2017 and October 30, 
2017. Finally, the amended complaint alleges that Starkist discharged 
pollutants from a sewage lift station overflow pipe at its facility 
into the harbor on September 20, 2017. For each of these violations, 
the amended complaint seeks injunctive relief and civil penalties.
    The amended complaint also adds a claim for relief by the Territory 
for violations of the American Samoa Environmental Quality Act and its 
implementing regulations based on the same facts underlying the United 
States' claims for relief. In particular, the amended complaint alleges 
that Starkist's unauthorized discharges and its discharges that 
exceeded effluent limitations in its NPDES permit violated the 
requirement in the American Samoa Environmental Quality Commission 
Rules that such discharges comply with NPDES rules and regulations. In 
addition, the amended complaint alleges that each of Starkist's 
violations of Section 112(r) of the Clean Air Act related to the 
handling of ammonia, butane, and chlorine at the facility violated the 
American Samoa Environmental Quality Commission Rules requirement to 
comply with the federal Clean Air Act. For each of these violations, 
the Territory seeks civil penalties.
    The revised proposed consent decree requires the defendants to 
perform injunctive relief, and pay an increased civil penalty of 
$6,500,000 (an increase of $200,000) to resolve the additional CWA 
violations alleged in the amended complaint, as well as the original 
alleged violations. Starkist must pay $3,900,000 to the United States 
and $2,600,000 to the Territory.
    The revised proposed consent decree requires the defendants to 
perform the injunctive relief included in the previously-lodged consent 
decree, as well as to address the additional CWA violations. It 
requires Starkist to obtain authorization to discharge stormwater from 
the facility, to implement best management practices, and prepare a 
plan to reduce, minimize, and eliminate pollutants in stormwater 
discharges from the facility. The decree also requires Starkist to 
identify and eliminate any connections between the facility's 
industrial processes and its stormwater collection system. Finally, the 
revised proposed Consent Decree formalizes the role of the Territory in 
the implementation of the revised Consent Decree. The revised consent 
decree also replaces the process flow diagram in Appendix C to include 
an updated diagram.
    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. StarKist Co. and Starkist Samoa 
Co., D.J. Ref. No. 90-5-1-1-11357. 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............................  [email protected].
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 website: https://www.justice.gov/enrd/consent-decrees.

[[Page 152]]

A Samoan language summary of the settlement is also available on the 
website. 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 $11.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2017-28295 Filed 12-29-17; 8:45 am]
 BILLING CODE 4410-15-P

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