[Federal Register Volume 66, Number 180 (Monday, September 17, 2001)]
[Notices]
[Page 48066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23165]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Resource 
Conservation and Recovery Act

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that a proposed consent decree in United States v. R&R 
Distributing Company, Inc., No. 1-00-0109 (M.D. Tenn.) was lodged on 
August 17, 2001, with the United States District Court for the Middle 
District of Tennessee. The consent decree settles claims for civil 
penalties and injunctive relief against R&R Distributing Company, Inc. 
for violations of Section 9006 of the Resource Conservation and 
Recovery Act (``RCRA''), as amended, 42 U.S.C. 6991e, the Federal 
requirements and standards relating to petroleum underground storage 
tanks (``UST'') promulgated pursuant to section 9003 of RCRA, 42 U.S.C. 
6991b, and found at 40 CFR part 280, and the requirements and standards 
of the State of Tennessee's UST program approved by EPA pursuant to 
section 9004 of RCRA, 42 U.S.C. 6991c, effective January 19, 1999. The 
State of Tennessee joined the case as a co-plaintiff and is 
participating in the settlement. Under the proposed consent decree R&R 
Distributing Company, Inc. will pay a civil penalty of $120,000 in 
installments over three years, plus interest at the rate applicable to 
judgments. The penalty will be equally divided between the United 
States and the State of Tennessee. Injunctive relief is not necessary 
because R&R has properly closed all the underground storage tanks 
except for those at four facilities, and has upgraded the underground 
storage tanks at those facilities. In addition, the State of Tennessee, 
as part of the settlement, will restore R&R's participation in the 
Underground Storage Tank Fund to achieve compliance with RCRA's 
financial assurance requirements for underground storage tank owners 
and operators.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed consent decree. Comments should be addressed to the Assistant 
Attorney General for the Environment and Natural Resources Division, 
Department of Justice, Washington, DC 20530, and should refer to United 
States v. R&R Distributing Company, Inc., DOJ Ref.# 90-7-1-06684.
    The proposed consent decree may be examined at the office of the 
United States Attorney, Middle District of Tennessee, 110 Ninth Ave., 
S., Ste. A961, Nashville, Tennessee 37203-3870; and the Region 4 Office 
of the Environmental Protection Agency, 61 Forsyth Street, SW Atlanta, 
Georgia 30303. A copy of the proposed consent decree may be obtained by 
mail from the Consent Decree Library, PO Box 7611, Washington, DC 
20044-7611. In requesting a copy please refer to the referenced case 
and enclose a check in the amount of $4.50 (25 cents per page 
reproduction costs), payable to the Consent Decree Library.

Ellen M. Mahan,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 01-23165 Filed 9-14-01; 8:45 am]
BILLING CODE 4410-15-M