[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]
-----------------------------------------------------------------------
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:
------------------------------------------------------------------------
To submit comments: 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 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