[Federal Register Volume 84, Number 99 (Wednesday, May 22, 2019)]
[Notices]
[Page 23583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10673]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Settlement Agreement Under the 
Clean Air Act

    On May 16, 2019, the Department of Justice lodged a proposed 
Stipulation of Settlement and Order (``Agreement'') with the United 
States District Court for the District of Massachusetts in the lawsuit 
entitled United States v. Kayem Foods, Inc., Civil Action No. 1:19-cv-
11126.
    In this action, the United States filed a complaint alleging that 
Kayem Foods, Inc. (``Kayem'') violated Section 112(r)(7) of the Clean 
Air Act, 42 U.S.C. 7412(r)(7), at Kayem's food processing facility 
located in Chelsea, Massachusetts. Section 112(r)(7) of the CAA, 42 
U.S.C. 7412(r)(7), provides that the Administrator of the EPA is 
authorized to promulgate regulations requiring owners or operators of a 
stationary source at which a regulated substance is present in more 
than a threshold amount to, among other things, prepare and implement a 
risk management plan to detect and prevent or minimize accidental 
releases of regulated substances from the stationary source, and to 
provide a prompt emergency response to any such releases in order to 
protect human health and the environment. EPA has promulgated 
regulations to implement Section 112(r)(7), codified at 40 CFR part 68 
(``Part 68 Regulations''). The Complaint alleges that Kayem violated 
the Part 68 Regulations in connection with the operation of its ammonia 
refrigeration system at its Chelsea facility and seeks the payment of 
civil penalties.
    The proposed Agreement resolves Kayem's civil liability to the 
United States for the alleged violations in the Complaint. Pursuant to 
the proposed Agreement, Kayem will pay a penalty of $138,281. 
Injunctive relief is not required.
    The publication of this notice opens a period for public comment on 
the Agreement. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, and should refer 
to United States v. Kayem Foods, Inc.. No. 1:19-cv-11126 (D. Mass.) 
D.J. Ref. No. 90-5-2-1-11490. 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 Agreement may be examined and 
downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the Agreement 
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 $2.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Robert Maher,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2019-10673 Filed 5-21-19; 8:45 am]
 BILLING CODE 4410-15-P