[Federal Register Volume 72, Number 161 (Tuesday, August 21, 2007)]
[Notices]
[Pages 46661-46662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4066]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Notice is hereby given that on August 10, 2007, a proposed Consent 
Decree was filed in United States, the State of Indiana, and the City 
of Hammond, Indiana v. Jupiter Aluminum Corporation, Civil Action No. 
2:07 CV 262 PS, with the United States District Court for the Northern 
District of Indiana, Hammond Division.
    The United States filed a civil action on August 9, 2007, seeking 
injunctive relief and a civil penalty against Jupiter Aluminum 
Corporation (``Jupiter'') for alleged violations of the National 
Emission Standards for Hazardous Air Pollutants applicable to secondary 
aluminum production facilities, under the Clean Air Act. The Jupiter 
aluminum recycling facility that is the subject of the lawsuit is 
located in Hammond, Indiana. The State of Indiana and the City of 
Hammond intervened as co-plaintiffs in the federal lawsuit, and filed 
complaints in intervention. All claims alleged in the United States', 
the State's and the City's complaints would be resolved by a settlement 
reflected in the Consent Decree, if approved by the court.
    Under the proposed Consent Decree, Jupiter will perform tests to 
determine whether recent modifications to the pollution control 
equipment on its melting furnaces adequately captures fugitive 
emissions and whether the equipment adequately removes dioxin/furans, 
hydrochloric acid and particulate matter. If the tests demonstrate that 
Jupiter is not adequately capturing fugitive emissions or not 
adequately removing pollutants, Jupiter will be required to make 
further modifications, or alter its production processes to ensure 
compliance. The decree also requires Jupiter to properly weigh scrap 
aluminum before melting it in the furnaces, and to keep records of the 
type and amount of scrap used, to fund an independent monitoring 
consultant to assist the regulatory agencies in monitoring compliance, 
to allow Hammond to video record its furnace operations for compliance 
purposes, to resubmit an Operation, Maintenance and Monitoring Plan, 
and to improve maintenance and recordkeeping practices. Under the 
Consent Decree, Jupiter also will pay a civil penalty of $2.0 million, 
to be divided between the United States and Hammond.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments

[[Page 46662]]

relating to the Consent Decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and either e-mailed to [email protected] or mailed to P.O. 
Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and 
should refer to United States, Indiana and Hammond v. Jupiter Aluminum 
Corp., D.J. Ref. 90-5-2-1-08734.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Northern District of Indiana, 5400 Federal Plaza, 
Suite 1500, Hammond, Indiana 46320, and at U.S. EPA Region 5, Regional 
Counsel's Office, 77 West Jackson Blvd., Chicago, Illinois 60604. 
During the public comment period, the Consent Decree may also be 
examined on the following Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Jupiter 
Aluminum Consent Decree may also be obtained by mail from the Consent 
Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, 
DC 20044-7611, or by faxing or e-mailing a request to Tonia Fleetwood 
([email protected]), fax number (202) 514-0097, phone 
confirmation number (202) 514-1547. In requesting a copy from the 
Consent Decree Library, please enclose a check in the amount of $22.00 
(25 cents per page reproduction cost) payable to the U.S. Treasury or, 
if by e-mail or fax, forward a check in that amount to the Consent 
Decree Library at the stated address.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 07-4066 Filed 8-20-07; 8:45 am]
BILLING CODE 4410-15-M