Notice of Lodging of Proposed Settlement Agreement Under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, and Emergency Planning and Community Right-to-Know Act, 21474 [2020-08132]

Download as PDF 21474 Federal Register / Vol. 85, No. 75 / Friday, April 17, 2020 / Notices DEPARTMENT OF JUSTICE jbell on DSKJLSW7X2PROD with NOTICES Notice of Lodging of Proposed Settlement Agreement Under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, and Emergency Planning and Community Right-to-Know Act On April 13, 2020, the Department of Justice lodged a proposed Stipulation of Settlement and Order (‘‘Agreement’’) with the United States District Court for the District of Puerto Rico in the lawsuit entitled United States v. TAPI Puerto Rico, Inc., Civil Action No. 3:20–cv– 01178. In this action, the United States filed a Complaint alleging that TAPI Puerto Rico, Inc. (‘‘TAPI’’) violated various provisions of the Clean Air Act (‘‘CAA’’), 42 U.S.C. 7401 et seq., the Clean Water Act (‘‘CWA’’), 33 U.S.C. 1251 et seq., the Resource Conservation and Recovery Act (‘‘RCRA’’), 42 U.S.C. 6901 et seq., and the Emergency Planning and Community Right-toKnow Act (‘‘EPCRA’’), 42 U.S.C. 11001 et seq., at its pharmaceutical manufacturing facility in Guayama, Puerto Rico (the ‘‘Facility’’). The Complaint alleges that TAPI failed to comply with the CAA’s provisions governing the emission of hazardous air pollutants (‘‘HAPs’’) from its pharmaceutical production process and hazardous waste equipment, in violation of Sections 112, 502 and 504 of the CAA, 42 U.S.C. 7412, 7661a, and 7661c, and EPA’s implementing regulations; discharged wastewater to the local publicly owned treatment works without abiding by its industrial discharge permit requirements, in violation of Section 307 of the CWA, 33 U.S.C. 1317, and EPA’s implementing regulations; stored hazardous waste in tanks, containers and an aeration basin either without a RCRA permit or in violation of its permit, failed to comply with its RCRA permit record-keeping obligations, failed to meet the permit exemptions for its less than 90-day storage tanks, and failed to comply with its RCRA permit obligation to minimize risk of releases of hazardous waste, all in violation of Section 3005 of RCRA, 42 U.S.C. 6925, and EPA’s implementing regulations; and failed to timely submit a Toxic Release Inventory report form to EPA for calendar years 2010 and 2011, in violation of Section 313 of EPCRA, 42 U.S.C. 11023, and EPA’s implementing regulations. The Complaint seeks the imposition of civil penalties for these violations. Pursuant to the proposed Agreement, TAPI will pay a penalty in the amount of $539,784. The proposed Agreement VerDate Sep<11>2014 18:19 Apr 16, 2020 Jkt 250001 resolves the civil claims of the United States for the violations alleged in the Complaint through the date of lodging of the Stipulation. The publication of this notice opens a period for public comment on the Agreement. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. TAPI Puerto Rico, Inc., No. 3:20–cv–01178 (D.P.R.), D.J. Ref. No. 90–5–2–1–11448. 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 Agreement may be examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/ consent-decrees. We will provide a paper copy of the Agreement 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 $3.25 (25 cents per page reproduction cost) payable to the United States Treasury. 309, 33 U.S.C. 1319, to obtain injunctive relief from and impose civil penalties against the Defendants for violating 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 the Defendants 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 Kent E. Hanson, United States Department of Justice, Environment and Natural Resources Division, Environmental Defense Section, Post Office Box 7611, Washington, DC 20044–7611, and refer to United States v. William Case, et al., DJ # 90–5–1–1– 19671. The proposed Consent Decree may be examined electronically at https:// www.justice.gov/enrd/consent-decrees. Upon request, an electronic copy of the proposed Consent Decree may be sent by email. Please send your request to kent.hanson@usdoj.gov. Cherie Rogers, Assistant Section Chief,Environmental Defense Section, Environment and Natural Resources Division. [FR Doc. 2020–08079 Filed 4–16–20; 8:45 am] BILLING CODE 4410–15–P NATIONAL CREDIT UNION ADMINISTRATION Henry Friedman, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. Agency Information Collection Activities: Proposed Collection; Comment Request; Leasing [FR Doc. 2020–08132 Filed 4–16–20; 8:45 am] AGENCY: BILLING CODE 4410–15–P National Credit Union Administration (NCUA). ACTION: Notice and request for comment. DEPARTMENT OF JUSTICE SUMMARY: 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 United States v. William Case, Bill Case Farms, Inc., and Case Family, LLC, Civil Action No. 6:16–cv–00328–AA, was lodged with the United States District Court for the District of Oregon on April 8, 2020. This proposed Consent Decree concerns a complaint filed by the United States against William Case, Bill Case Farms, Inc., and Case Family, LLC, pursuant to Clean Water Act Section PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 The National Credit Union Administration (NCUA), as part of a continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on the following extension of a currently approved collection, as required by the Paperwork Reduction Act of 1995. DATES: Written comments should be received on or before June 16, 2020 to be assured consideration. ADDRESSES: Interested persons are invited to submit written comments on the information collection to Mackie Malaka, National Credit Union Administration, 1775 Duke Street, Suite 6060, Alexandria, Virginia 22314; Fax E:\FR\FM\17APN1.SGM 17APN1

Agencies

[Federal Register Volume 85, Number 75 (Friday, April 17, 2020)]
[Notices]
[Page 21474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08132]



[[Page 21474]]

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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Settlement Agreement Under the 
Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, 
and Emergency Planning and Community Right-to-Know Act

    On April 13, 2020, the Department of Justice lodged a proposed 
Stipulation of Settlement and Order (``Agreement'') with the United 
States District Court for the District of Puerto Rico in the lawsuit 
entitled United States v. TAPI Puerto Rico, Inc., Civil Action No. 
3:20-cv-01178.
    In this action, the United States filed a Complaint alleging that 
TAPI Puerto Rico, Inc. (``TAPI'') violated various provisions of the 
Clean Air Act (``CAA''), 42 U.S.C. 7401 et seq., the Clean Water Act 
(``CWA''), 33 U.S.C. 1251 et seq., the Resource Conservation and 
Recovery Act (``RCRA''), 42 U.S.C. 6901 et seq., and the Emergency 
Planning and Community Right-to-Know Act (``EPCRA''), 42 U.S.C. 11001 
et seq., at its pharmaceutical manufacturing facility in Guayama, 
Puerto Rico (the ``Facility''). The Complaint alleges that TAPI failed 
to comply with the CAA's provisions governing the emission of hazardous 
air pollutants (``HAPs'') from its pharmaceutical production process 
and hazardous waste equipment, in violation of Sections 112, 502 and 
504 of the CAA, 42 U.S.C. 7412, 7661a, and 7661c, and EPA's 
implementing regulations; discharged wastewater to the local publicly 
owned treatment works without abiding by its industrial discharge 
permit requirements, in violation of Section 307 of the CWA, 33 U.S.C. 
1317, and EPA's implementing regulations; stored hazardous waste in 
tanks, containers and an aeration basin either without a RCRA permit or 
in violation of its permit, failed to comply with its RCRA permit 
record-keeping obligations, failed to meet the permit exemptions for 
its less than 90-day storage tanks, and failed to comply with its RCRA 
permit obligation to minimize risk of releases of hazardous waste, all 
in violation of Section 3005 of RCRA, 42 U.S.C. 6925, and EPA's 
implementing regulations; and failed to timely submit a Toxic Release 
Inventory report form to EPA for calendar years 2010 and 2011, in 
violation of Section 313 of EPCRA, 42 U.S.C. 11023, and EPA's 
implementing regulations. The Complaint seeks the imposition of civil 
penalties for these violations.
    Pursuant to the proposed Agreement, TAPI will pay a penalty in the 
amount of $539,784. The proposed Agreement resolves the civil claims of 
the United States for the violations alleged in the Complaint through 
the date of lodging of the Stipulation.
    The publication of this notice opens a period for public comment on 
the Agreement. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, and should refer 
to United States v. TAPI Puerto Rico, Inc., No. 3:20-cv-01178 (D.P.R.), 
D.J. Ref. No. 90-5-2-1-11448. 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 Agreement may be examined and 
downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the Agreement 
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 $3.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2020-08132 Filed 4-16-20; 8:45 am]
BILLING CODE 4410-15-P
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