[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)]
[Notices]
[Pages 43573-43574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19715]


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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 September 12, 2017, 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 v. 
StarKist Co. and Starkist Samoa Co., Civil Action No. 2:17-cv-01190-
DSC.
    The United States filed this lawsuit under the Clean Water Act 
(CWA), Clean Air Act (CAA), Emergency Planning and Community Right-to-
Know Act (EPCRA), and the Resource Conservation and Recovery Act 
(RCRA). The complaint seeks injunctive relief and civil penalties for 
violations of these statutes and their implementing regulations at 
defendants' seafood processing and canning facility in American Samoa. 
Specifically, the complaint alleges the following CWA violations: (1) 
Unpermitted discharges of wastewater through an outfall rupture in 
2014; (2) violations of terms and conditions of the facility's National 
Pollutant Discharge Elimination System Permit, including effluent limit 
violations; and (3) violations of the CWA's Spill Prevention Control 
and Countermeasures regulations related to the facility's oil storage 
tanks. The complaint also alleges violations of the

[[Page 43574]]

Clean Air Act related to the handling of ammonia, butane, and chlorine 
at the facility. Finally, the complaint also alleges violations of the 
CAA, EPCRA, and RCRA that the defendants disclosed to EPA following an 
audit.
    The proposed consent decree requires the defendants to perform 
injunctive relief, pay a $6,300,000 civil penalty, and perform a 
Supplemental Environmental Project benefitting local first responders. 
The injunctive relief includes: Installing and operating upgrades to 
the facility's wastewater treatment system; upgrading the facility's 
oil storage tanks; making improvements to the facility's ammonia 
refrigeration system to prevent and minimize potential releases; 
discontinuing use of chlorine gas and a butane filling station at the 
facility; implementing an environmental management system for the 
facility; and performing annual third-party compliance audits. The 
Supplemental Environmental Project requires defendants to purchase and 
donate certain emergency response equipment to the American Samoa Fire 
Department.
    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:

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         To submit comments:                     Send them to:
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By email............................  <a href="/cdn-cgi/l/email-protection#89f9fcebeae6e4e4ece7fda4ececfaa7ece7fbedc9fcfaede6e3a7eee6ff"><span class="__cf_email__" data-cfemail="b9c9ccdbdad6d4d4dcd7cd94dcdcca97dcd7cbddf9cccaddd6d397ded6cf">[email protected]</span></a>.
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    During the public comment period, the consent decree may be 
examined and downloaded at this Justice Department Web site: http://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 $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. 2017-19715 Filed 9-15-17; 8:45 am]
 BILLING CODE 4410-15-P


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