[Federal Register Volume 74, Number 106 (Thursday, June 4, 2009)]
[Notices]
[Pages 26890-26891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13038]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean 
Water Act, the Resource Conservation and Recovery Act, the Toxic 
Substances Control Act and the Clean Air Act

    Notice is hereby given that on May 29, 2009, a proposed Consent 
Decree in United States v. Friction Holdings LLC, Civ. No. 09-662, was 
lodged with the United States District Court for the Southern District 
of Indiana.
    The proposed Consent Decree resolved the United States claims 
against Friction Holdings under the Clean Air Act (``CAA'') 42 U.S.C. 
7401 et seq., the Resource Conservation and Recovery Act (``RCRA'') 42 
U.S.C. 6901 et seq., the Clean Water Act (``CWA''), 33 U.S.C. Sec.  
1251 et seq., and the Toxic Substances Control Act (``TSCA''), 15 
U.S.C. 2601-2692, in connection with Friction's operation of an 
automotive and heavy duty wet friction material and parts manufacturing 
facility in Crawfordsville, Indiana.
    Under the proposed Decree, Friction Holdings would be required to: 
(1) Pay a civil penalty of $337,500; (2) prepare and implement, under 
the Clean Water Act, various sampling, monitoring, and operations 
plans, to insure that cyanide in the facility's waste water is being 
handled properly; (3) pursuant to RCRA, investigate the facility's 
groundwater to determine if the groundwater is contaminated with PCBs 
and other hazardous substance, and if so whether the migration of the 
contaminated groundwater is under control; (4) pursuant to RCRA, 
remediate two small areas of suspected PCB contamination; (5) pursuant 
to TSCA, eliminate several sources of PCB contamination at the 
facility, and study the need for, and conduct where required, risked-
based disposals or remediation of on-Facility PCB contamination. Prior 
to entering into the Decree, the Defendant brought the facility into 
compliance with the Clean Air Act and resolved the allegations in the 
Complaint pertaining to violations of that statute.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments 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 v. Friction Holdings LLC, D.J. Ref. 90-5-2-1-07285. 
Commenters may request an opportunity for a public meeting in the 
affected area, in accordance with Section 7003(d) of RCRA, 42 U.S.C. 
6973(d).
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney for the Southern District of Indiana, 10 West 
Market St., Suite 2100, Indianapolis, IN 46204 (contact Asst. U.S. 
Attorney Thomas Kieper (317-226-6333)), and at U.S. EPA Region 5, 7th 
Floor Records Center, 77 West Jackson Blvd., Chicago, Illinois 60604 
(contact U.S. EPA Senior Attorney Thomas Kenney (312-886-0708, or U.S. 
EPA Assistant Regional Counsel Robert Smith, (312-886-0765)). 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 Consent Decree may also be 
obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. 
Department of

[[Page 26891]]

Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request 
to Tonia Fleetwood ([email protected]), fax no. (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 $16.00 
(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.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section Environment and 
Natural Resources Division.
[FR Doc. E9-13038 Filed 6-3-09; 8:45 am]
BILLING CODE 4410-15-P