[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Notices]
[Page 65384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25856]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Clean Water 
Act

    On September 30, 2013, the Department of Justice lodged a proposed 
Consent Decree (``Decree'') in the United States District Court for the 
Western District of Tennessee in the lawsuit entitled United States of 
America v. ConAgra Foods, Inc., and ConAgra Grocery Products, LLC, 
Civil Action No. 2:13-cv-02756. This is a revised notice from the one 
that was published on October 22, 2013, Vol. 78, No. 204, pages 62661-
62662.
    This Decree represents a settlement of claims against the 
Defendants ConAgra Foods, Inc., and ConAgra Grocery Products, LLC 
(``Defendants'' or ``ConAgra'') for violations of the Clean Water Act, 
33 U.S.C. 1321, and Spill Prevention, Control and Countermeasure 
(``SPCC'') and Facility Response Plan (``FRP'') regulations found at 40 
CFR Part 112. The Decree requires that the Defendants pay a civil 
penalty of $475,000. The Decree further requires that ConAgra implement 
a formal tank integrity testing program in accordance with the American 
Petroleum Institute's (``API'') formal standard 653. ConAgra will be 
required to submit a report annually to EPA summarizing the status of 
the tank testing and identifying which tanks were inspected during the 
previous calendar year and which will be inspected in the current year. 
The Decree provides for stipulated penalties in the event the 
Defendants fail to comply with the Decree's requirements.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States v. ConAgra Foods, Inc., and ConAgra 
Grocery Products, LLC, Civil Action No. 2:13-cv-02756, D.J. Ref. No. 
90-5-1-1-10403. 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............................  [email protected].
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.usdoj.gov/enrd/Consent_Decrees.html. 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 $6.25 (25 cents per page 
reproduction cost) payable to the United States Treasury for the 
Consent Decree.

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2013-25856 Filed 10-30-13; 8:45 am]
BILLING CODE 4410-15-P