[Federal Register Volume 78, Number 69 (Wednesday, April 10, 2013)]
[Notices]
[Page 21419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08357]
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DEPARTMENT OF JUSTICE
Notice of Proposed Consent Decree Under the Clean Air Act
On April 4, 2013, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Eastern
District of Missouri, in the lawsuit entitled United States v. Tyson
Foods, Inc., et al, Civil Action No. 1:13-cv-56. The United States'
Complaint names Tyson Foods, Inc. (Tyson); IBP Redevelopment Corp.; IBP
Food Co.; Foodbrands Supply Chain Services, Inc.; Tyson Chicken, Inc.;
Tyson Deli, Inc.; Tyson Fresh Meats, Inc.; Tyson Poultry, Inc.; Tyson
Prepared Foods, Inc.; Tyson Processing Services, Inc.; and Tyson
Refrigerated Processed Meats, Inc.
The United States filed this lawsuit under the Clean Air Act (CAA),
42 U.S.C. Sections 7412(r)(7) and 7413 (b)(2), for noncompliance with
the requirements of the chemical accident prevention provisions of the
CAA, including failure to test or replace safety relief valves,
improperly co-located gas-fired boilers and ammonia compressors, and
other failures to abide by the Risk Management Program (``RMP'')
requirements of Section 112(r)(7) of the Act. The proposed Consent
Decree, which resolves all of these claims, requires Tyson to undertake
extensive measures to ensure compliance with RMP regulatory
requirements, including comprehensive third-party audits of RMP
components at all 23 Tyson facilities within Missouri, Kansas, Iowa,
and Nebraska. Tyson is required correct any violations found within
specified periods of time and certify the completion of that work.
Tyson will also audit each facility to determine the thickness of
threaded piping connections used in its refrigeration systems. Tyson
will replace and/or otherwise correct any non-compliant piping it finds
in its facilities.
Tyson must also pay a civil penalty of $3,950,000 and undertake a
supplemental environmental project. Tyson will purchase and deliver
emergency equipment that is relevant to responses to emergencies
involving chemicals that are regulated pursuant to the CAA Risk
Management Program, to fire departments in the affected communities
within 180 days after the Effective Date of the Consent Decree.
The Consent Decree provides Tyson with a release for the RMP
violations alleged in the Complaint, and for other RMP violations
uncovered by the audits that Tyson fully and timely corrects pursuant
to the Consent Decree.
The publication of this notice opens a period for public comment on
the Proposed Consent Decree. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
Ignacia S. Moreno, and should refer to United States v. Tyson Foods,
Inc. et al., D.J. Ref. No. 90-5-2-1-10377. 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,
D.C. 20044-7611.
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During the public comment period, the Proposed Consent Decree may
be examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy
of the Proposed 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 $13.50 (25 cents per page
reproduction cost) payable to the United States Treasury.
Robert M. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2013-08357 Filed 4-9-13; 8:45 am]
BILLING CODE 4410-15-P