[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Notices]
[Page 31103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13875]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Emergency 
Planning and Community Right-to-Know Act, the Comprehensive 
Environmental Response, Compensation, and Liability Act, and the Clean 
Air Act

    On June 24, 2019, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of Oregon, Portland Division, in the lawsuit entitled United States of 
America v. Dyno Nobel, Inc., Civil Action No. 3:19-cv-00984.
    The Complaint initiating this matter seeks injunctive relief and 
civil penalties for alleged violations of the Emergency Planning and 
Community Right-to-Know Act, 42 U.S.C. 11004 and 11023, the 
Comprehensive Environmental Response, Compensation and Liability Act, 
42 U.S.C. 9603, and the Clean Air Act, 42 U.S.C. 7412(r), and 
regulations promulgated thereunder at an ammonia plant owned and 
operated by Dyno Nobel, Inc., (``Dyno Nobel'') in St. Helens, Oregon. 
More specifically, the Complaint alleges that Dyno Nobel violated the 
release reporting requirements of the Comprehensive Environmental 
Response, Compensation and Liability Act and the Emergency Planning and 
Community Right-to-Know Act (``EPCRA'') in connection with two releases 
of anhydrous ammonia, violated EPCRA by failing to accurately report 
annual point source releases in its Toxic Release Inventory filings, 
and violated multiple provisions of the Clean Air Act's Risk Management 
Program requirements.
    Under the proposed Consent Decree, Dyno Nobel has agreed to pay a 
civil penalty to the United States, to file corrected Toxic Release 
Inventory reports, to comply with applicable reporting requirements and 
all applicable Risk Management Program requirements, retain a third-
party auditor to audit its compliance with the foregoing requirements, 
and perform a Supplemental Environmental Project where Dyno will 
purchase specified emergency response equipment for identified local 
emergency response organizations.
    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 of America v. Dyno Nobel, Inc., D.J. Ref. 
No. 90-5-2-1-09238/4. 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 website: https://www.justice.gov/enrd/consent-decrees. 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 $10.50 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2019-13875 Filed 6-27-19; 8:45 am]
 BILLING CODE 4410-15-P