[Federal Register Volume 75, Number 138 (Tuesday, July 20, 2010)]
[Notices]
[Pages 42130-42131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17600]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act; 
Clean Water Act; Resource Conservation and Recovery Act; Safe Drinking 
Water Act; Toxic Substances Control Act; and the Reporting Requirements 
of the Emergency Planning and Community Right-To-Know Act and the 
Comprehensive Environmental Response, Compensation, and Liability Act

    Notice is hereby given that on July 14, 2010, a proposed Consent 
Decree in United States et al. v. McWane, Inc., Civil Action No. CV-10-
JEO-1902-S was lodged with the United States District Court for the 
Northern District of Alabama.
    In this action the United States sought injunctive relief and civil 
penalties for violations of the Clean Air Act, 42 U.S.C. 7401 to 7671q 
(``CAA''); Clean Water Act, 33 U.S.C. 1311 to 1387 (``CWA''); Resource 
Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6901 to 6992k; Safe 
Drinking Water Act (``SDWA''), 42 U.S.C. 300f to 300j-26; Toxic 
Substances Control Act (``TSCA''), 15 U.S.C. 2601 to 2692, and the 
reporting requirements of the Emergency Planning and Community Right-
to-Know Act, 42 U.S.C. 11001 to 11050 (``EPCRA''); Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA''), 
42 U.S.C. 9601 et seq., together with their implementing regulations 
and permits, at twenty-eight of McWane's facilities in fourteen states. 
McWane, Inc. is a national company operating iron foundries, brass 
foundries, and various valve and tank manufacturing facilities. 
McWane's major plants by industry include four pipe plants, four valve 
and hydrant plants, seven soil pipe and utility fittings plants, seven 
tank manufacturing plants and one fire extinguisher plant. Most of 
these facilities operate under trade names, including Tyler Pipe, 
Manchester Tank, Pacific States, Kennedy Valve, M & H Valve, Clow, 
Ransom Industries, Union Foundry, Empire Coke Company, Amerex 
Corporation, Atlantic States, and Anaco. The Alabama Department of 
Environmental Management and the State of Iowa are co-plaintiffs in 
this action.
    Under the proposed Consent Decree, McWane will pay a civil penalty 
of $4,000,000 (to be divided among the United States, Alabama and 
Iowa), implement a slate of Supplemental Environmental Projects at a 
cost of $9,154,050, and complete the final evaluation of a 
comprehensive, corporate-wide Environmental Management System (EMS) at 
all of its facilities. McWane has already undertaken corrective 
measures to resolve all the violations alleged in the Complaint, at a 
cost of over $7.6 million. The proposed Consent Decree resolves only 
the specific violations alleged in the Complaint.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed 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. McWane, Inc., D.J. Ref. 90-5-1-1-08282.
    The Consent Decree may be examined at the Office of the United 
States Attorney for the Northern District of Alabama, 1801 4th Avenue 
North, Birmingham, Alabama 35203-2101, and at the following U.S. EPA 
Regions: Region 1 (CT, MA, ME, NH, RI, VT), Environmental Protection 
Agency, 5 Post Office Square--Suite 100, Boston, MA 02109-3912, Phone: 
(617) 918-1111, Fax: (617) 918-1809, Toll free within Region 1: (888) 
372-7341.
    Region 2 (NJ, NY, PR, VI), Environmental Protection Agency, 290 
Broadway, New York, NY 10007-1866, Phone: (212) 637-3000, Fax: (212) 
637-3526.
    Region 3 (DC, DE, MD, PA, VA, WV), Environmental Protection Agency, 
1650 Arch Street, Philadelphia, PA 19103-2029, Phone: (215) 814-5000, 
Fax: (215) 814-5103, Toll free: (800) 438-2474.
    Region 4 (AL, FL, GA, KY, MS, NC, SC, TN), Environmental Protection 
Agency, Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, GA 
30303-3104, Phone: (404) 562-9900, Fax: (404) 562-8174, Toll free: 
(800) 241-1754.
    Region 5 (IL, IN, MI, MN, OH, WI), Environmental Protection Agency, 
77 West Jackson Boulevard, Chicago, IL 60604-3507, Phone: (312) 353-
2000 Fax: (312) 353-4135, Toll free within Region 5: (800) 621-8431
    Region 6 (AR, LA, NM, OK, TX), 1445 Ross Avenue, Dallas, TX 75202-
2733, Phone: (214) 665-2200, Fax: (214) 665-7113, Toll free within 
Region 6: (800) 887-6063).
    Region 7 (IA, KS, MO, NE), Environmental Protection Agency, 901 
North 5th Street, Kansas City, KS 66101, Phone: (913) 551-7003, Toll 
free: (800) 223-0425.

[[Page 42131]]

    Region 8 (CO, MT, ND, SD, UT,WY), Environmental Protection Agency, 
1595 Wynkoop St., Denver, CO 80202-1129, Phone: (303) 312-6312, Fax: 
(303) 312-6339.
    Region 9 (AZ, CA, HI, NV), Environmental Protection Agency, 75 
Hawthorne Street, San Francisco, CA 94105, Phone: (415) 947-8000, (866) 
EPA-WEST (toll free in Region 9), Fax: (415) 947-3553.
    Region 10 (AK, ID, OR, WA), Environmental Protection Agency, 1200 
Sixth Avenue, Suite 900, Seattle, WA 98101, Phone: (206) 553-1200, Fax: 
(206) 553-2955, Toll free: (800) 424-4372.
    EPA Headquarters: Office of Civil Enforcement, Office of 
Enforcement and Compliance Assurance, 2100 Pennsylvania Avenue, NW., 
Washington DC 20460, (202) 564-2220.
    During the public comment period, the Consent Decree may also be 
examined on the following Department of Justice Web site, at 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 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 $33.70 (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 Section Chief Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2010-17600 Filed 7-19-10; 8:45 am]
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