[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)]
[Pages 19686-19687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08391]



Notice of Lodging of Proposed Joint Stipulation of Settlement 
Under the Clean Air Act, the Comprehensive Environmental Response 
Compensation and Liability Act and the Emergency Preparedness and 
Community Right-To-Know Act

    On April 7, 2015, the Department of Justice lodged a proposed Joint 
Stipulation of Settlement with the United States District Court for the 
Southern District of Alabama in the lawsuit entitled United States of 
America v. Millard Refrigerated Services, LLC Civil Action No. 15-186.
    The United States filed a complaint simultaneously with the filing 
of the Joint Stipulation of Settlement on April 7, 2015. The complaint 
in this action alleged that Defendant Millard Refrigerated Services, 
LLC, a Delaware limited liability company, f/k/a Millard Refrigerated 
Services, Inc. (``Millard'') violated Sections 112(r)(1) and 112(r)(7) 
of the Clean Air Act (``CAA''), 42 U.S.C. 7412(r)(1) and 7412(r)(7), 
Section 103 of the Comprehensive Environmental Response, Compensation 
and Liability Act (``CERCLA''), 42 U.S.C. 9603, and Section 304 of the 
Emergency Preparedness and Community Right-To-Know Act (``EPCRA''), 42 
U.S.C. 11004, at its facility located in Theodore, Alabama (``the 
Facility''). Millard operated a cold storage facility with over 242,000 
square feet of storage and used over 190,000 pounds of anhydrous 
ammonia (NH3), a highly toxic substance, in its operations. 
Defendant allowed three releases of NH3 over a three year 
period, with the third release of over 32,000 pounds of NH3 
in August of 2010 resulting in 154 hospitalizations.
    The Complaint alleges that Millard violated every section of the 
Program 3 Risk Management Prevention (RMP) Program regulations for a 
total of 36 violations of the RMP Regulations, three violations of the 
general duty of care under Section112(r) of the CAA and four violations 
of the notice requirements under EPCRA and CERCLA. As regards the 
notice requirements, the Complaint alleges that Millard failed to 
timely notify the National Response Center, the State Emergency 
Response Center and the Local Emergency Planning Committee as required 
by CERCLA and EPCRA with regard to these releases.
    Under the Joint Stipulation of Settlement, Millard will pay a civil 
penalty of $3,009,855 in order to resolve these violations. There is no 
injunctive relief under this agreement as Defendant's parent, Millard 
Holdings, Inc., shut down the refrigerated portion of the Facility in 
July 2013 and is currently using it as a warehouse.
    The publication of this notice opens a period for public comment on 
the Joint Stipulation of Settlement. Comments should be addressed to 
the Assistant Attorney General, Environment and Natural Resources 
Division, and should refer to United States of America v. Millard 
Refrigerated Services, LLC Civil Action No. 15-186. D.J. Ref. No. 90-5-
2-1-10384. 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:

                                                 Send them to:
By email............................  [email protected].
By mail.............................  Assistant Attorney General
                                      U.S. DOJ-ENRD
                                      P.O. Box 7611
                                      Washington, DC 20044-7611.

    During the public comment period, the Joint Stipulation of 
Settlement may be examined and downloaded at this Justice Department 
Web site: http://

[[Page 19687]]

www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy 
of the Joint Stipulation of Settlement 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-
    Please enclose a check or money order for $2.75 (25 cents per page 
reproduction costs for 11 pages) payable to the United States Treasury.

Henry S. Friedman,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2015-08391 Filed 4-10-15; 8:45 am]