[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