[Federal Register Volume 75, Number 199 (Friday, October 15, 2010)]
[Notices]
[Page 63506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25930]


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

DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on October 8, 2010, a proposed Consent 
Decree in United States and State of Missouri v. The Doe Run Resources 
Corporation, et al., Civil Action 4:10-cv-1895 was lodged with the 
United States District Court for the Eastern District of Missouri.
    In this action the United States and the State of Missouri sought 
civil penalties and injunctive relief for environmental violations of 
the Clean Air Act, 42 U.S.C. 7401-7671q; the Missouri Air Conservation 
Law, Chapter 643, RSMo; the Resource Conservation and Recovery Act, 42 
U.S.C. 6901-6992k; the Missouri Hazardous Waste Management Law, 
Sec. Sec.  260.350-260.434, RSMo; the Clean Water Act, 33 U.S.C. 1251-
1387; the Missouri Clean Water Law, Chapter 644, RSMo; the Emergency 
Planning and Community Right-to-Know Act, 42 U.S.C. 11001-11050; and 
the Comprehensive Environmental Response, Compensation, and Liability 
Act, 42 U.S.C. 9601-9603 at several of the mining, milling, and 
smelting facilities located in Missouri owned and operated by The Doe 
Run Resources Corporation, The Doe Run Resources Corporation d/b/a 
``The Doe Run Company'', and The Buick Resource Recycling Facility, LLC 
(``Defendants''). To resolve the United States' and State's claims the 
Defendants will pay a civil penalty of $7 million. The penalty will be 
paid in a $3.5 million payment to the United States and a $1.5 million 
payment to the state of Missouri, with an additional $1 million plus 
interest to be paid to the state each year for the next two years. The 
settlement also requires Doe Run to establish financial assurance trust 
funds for the cleanup of the following active or former mining and 
milling facilities: Brushy Creek, Buick, Fletcher, Sweetwater, 
Viburnum, and West Fork. Doe Run will also take steps to address RCRA 
violations at certain facilities; finalize and come into compliance 
with more stringent Clean Water Act permits at 10 of its facilities, 
including Herculaneum, Glover, Brushy Creek, Buick Mill, Fletcher, 
Sweetwater, Viburnum, West Fork, Mine 35 (Casteel), and Buick 
Resource Recycling; and will spend an estimated $5.8 million on stream 
mitigation activities along 8.5 miles of Bee Fork Creek, an impaired 
waterway near Doe Run's Fletcher mine and mill facility. At four 
facilities, Buick Mine, Brushy Creek, Fletcher, and Sweetwater, Doe Run 
will also enclose the lead concentrate handling, loading, and storage 
areas under negative pressure with emissions routed to a baghouse. The 
company will also spend $2 million on community mitigation projects 
over the next four years.
    In addition, instead of installing pollution control technologies 
needed to reduce sulfur dioxide and lead emissions as required by the 
Clean Air Act, Doe Run has made a business decision to shut down its 
lead smelter in Herculaneum, Mo., by Dec. 31, 2013. The company will 
also provide an initial $8.14 million in financial assurance to 
guarantee cleanup work at the Herculaneum facility.
    The Department of Justice will receive for a period of 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, et al. v. The Doe Run Resources Corporation, et al., 
D.J. Ref. 90-5-2-1-07390/1. Commenters may request an opportunity for a 
public meeting in the affected area, in accordance with Section 7003(d) 
of the Resource Conservation and Recovery Act, 42 U.S.C. 6973.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Eastern District of Missouri, Thomas F. Eagleton U.S. 
Courthouse, 111 South 10th Street, Room 20.333, St. Louis, MO 63102 
Tel.: (314) 539-2200 and at EPA Region 7, 901 N. 5th Street, Kansas 
City, KS 66101, Tel: 1-800-223-0425.
    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 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 to cover the 25 cents per page 
reproduction costs in the amount of $43.50 (for Decree without 
appendices) or $113.25 (for Decree with appendices) 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. 2010-25930 Filed 10-14-10; 8:45 am]
BILLING CODE 4410-15-P