[Federal Register Volume 77, Number 158 (Wednesday, August 15, 2012)]
[Notices]
[Pages 49023-49024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20047]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Notice is hereby given that on August 9, 2012, a proposed Consent 
Decree signed by the plaintiff, the United States of America, and the 
defendants, Icicle Seafoods, Inc., Evening Star, Inc., Icicle 
Acquisition Subsidiary, LLC, and LFK, Inc., was lodged with the United 
States District Court for the Western District of Washington.
    In this lawsuit the United States sought civil penalties and 
injunctive relief for defendants' alleged violations of regulations 
promulgated by the Environmental Protection Agency under Title VI of 
the Clean Air Act, specifically regulations set forth in 40 CFR part 
82, Subpart F. The regulations govern the management and control of 
ozone-depleting substances used as refrigerants in defendants' vessels 
and other fish processing facilities. The Consent Decree requires the 
defendants to pay a civil penalty of $430,000.00 and to perform 
injunctive relief. To ensure the defendants' compliance going forward, 
the Consent Decree will require the defendants to institute a 
comprehensive leak inspection and repair program for all of their 
vessels and operating facilities. To mitigate the effects of past 
violations, the Consent Decree specifies that the defendants will 
repair leaks in the refrigeration systems of certain vessels and 
facilities when the leak rate would result in losing more than 20% of 
the refrigerant charge during a 12-month period. This is a stricter 
standard than is required by the leak repair regulations.
    For thirty (30) days after this notice, the Department of Justice 
will receive comments related to the Consent Decree. Comments should be 
addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, and either emailed to [email protected] 
or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 
20044-7611. The comments should refer to United States v. Icicle 
Seafoods, Inc., No. 12-cv-1349 (W.D. Wash.), DOJ No. 90-5-1-1-07395/2.

[[Page 49024]]

    During the public comment period, the Consent Decree may also be 
examined on the following Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Consent Decree 
may also be obtained by mail from the Consent Decree library, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, or by 
faxing or emailing a request to ``Consent Decree Copy'' 
([email protected]), fax no. (202) 514-0097, phone confirmation 
number (202) 514-5271. If requesting a copy from the Consent Decree 
library by mail, please enclose a check in the amount of $10.00 (40 
pages at 25 cents per page reproduction cost) payable to the U.S. 
Treasury or, if requesting by email or fax, forward a check in that 
amount to the Consent Decree Library at the address given above.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2012-20047 Filed 8-14-12; 8:45 am]
BILLING CODE 4410-15-P