[Federal Register Volume 78, Number 69 (Wednesday, April 10, 2013)]
[Notices]
[Page 21419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08357]


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

DEPARTMENT OF JUSTICE


Notice of Proposed Consent Decree Under the Clean Air Act

    On April 4, 2013, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Eastern 
District of Missouri, in the lawsuit entitled United States v. Tyson 
Foods, Inc., et al, Civil Action No. 1:13-cv-56. The United States' 
Complaint names Tyson Foods, Inc. (Tyson); IBP Redevelopment Corp.; IBP 
Food Co.; Foodbrands Supply Chain Services, Inc.; Tyson Chicken, Inc.; 
Tyson Deli, Inc.; Tyson Fresh Meats, Inc.; Tyson Poultry, Inc.; Tyson 
Prepared Foods, Inc.; Tyson Processing Services, Inc.; and Tyson 
Refrigerated Processed Meats, Inc.
    The United States filed this lawsuit under the Clean Air Act (CAA), 
42 U.S.C. Sections 7412(r)(7) and 7413 (b)(2), for noncompliance with 
the requirements of the chemical accident prevention provisions of the 
CAA, including failure to test or replace safety relief valves, 
improperly co-located gas-fired boilers and ammonia compressors, and 
other failures to abide by the Risk Management Program (``RMP'') 
requirements of Section 112(r)(7) of the Act. The proposed Consent 
Decree, which resolves all of these claims, requires Tyson to undertake 
extensive measures to ensure compliance with RMP regulatory 
requirements, including comprehensive third-party audits of RMP 
components at all 23 Tyson facilities within Missouri, Kansas, Iowa, 
and Nebraska. Tyson is required correct any violations found within 
specified periods of time and certify the completion of that work.
    Tyson will also audit each facility to determine the thickness of 
threaded piping connections used in its refrigeration systems. Tyson 
will replace and/or otherwise correct any non-compliant piping it finds 
in its facilities.
    Tyson must also pay a civil penalty of $3,950,000 and undertake a 
supplemental environmental project. Tyson will purchase and deliver 
emergency equipment that is relevant to responses to emergencies 
involving chemicals that are regulated pursuant to the CAA Risk 
Management Program, to fire departments in the affected communities 
within 180 days after the Effective Date of the Consent Decree.
    The Consent Decree provides Tyson with a release for the RMP 
violations alleged in the Complaint, and for other RMP violations 
uncovered by the audits that Tyson fully and timely corrects pursuant 
to the Consent Decree.
    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, 
Ignacia S. Moreno, and should refer to United States v. Tyson Foods, 
Inc. et al., D.J. Ref. No. 90-5-2-1-10377. 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,
                                     D.C. 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the Proposed Consent Decree may 
be examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy 
of the Proposed 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 $13.50 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Robert M. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2013-08357 Filed 4-9-13; 8:45 am]
BILLING CODE 4410-15-P