[Federal Register Volume 76, Number 186 (Monday, September 26, 2011)]
[Pages 59425-59426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24604]



Notice of Lodging of Consent Decree Under The Clean Air Act

    Notice is hereby given that on September 12, 2011, a proposed 
Consent Decree in United States et al. v. J.L. French LLC et al., Civil 
Action No. 2:11-CV-00860, was lodged with the United States District 
Court for the Eastern District of Wisconsin.
    The Consent Decree would resolve claims for injunctive relief and 
the assessment of civil penalties asserted by the United States and the 
Commonwealth of Kentucky (collectively, ``Plaintiffs'') against J.L. 
French LLC and a related corporate entity Nelson Metal Products LLC 
(collectively, ``Defendants'') pursuant to Sections 113(b) and 
304(a)(1) of the Clean Air Act, 42 U.S.C. 7413(b) and 7604(a)(1).
    Defendants process aluminum scrap and dross to produce various 
secondary aluminum products, a process that results in emissions of 
regulated air

[[Page 59426]]

pollutants, including dioxins and furans, hydrogen chloride, 
particulate matter, and hydrocarbons. The Plaintiffs' complaint, filed 
concurrently with the Consent Decree, alleges that Defendants violated 
Section 112 of the Clean Air Act, 42 U.S.C. 7412; the National Emission 
Standards for Hazardous Air Pollutants (``NESHAP'') for Secondary 
Aluminum Production, codified at 40 CFR part 63, Subparts A and RRR; 
and related provisions of Kentucky law at three of its aluminum 
production facilities. Specifically, the complaint alleges that 
Defendant failed to demonstrate compliance with emission standards 
through valid performance testing, to design and install adequate 
capture and collection systems, to correctly establish and monitor 
operating parameters, and to comply with recordkeeping and reporting 
    The Consent Decree would require Defendants to retest emission 
units using model test protocols, adopt new monitoring practices, 
correct deficiencies in recordkeeping and reporting documents, shut 
down certain emission units, and apply for new operating permits at its 
facilities. The Consent Decree would also provide for an $80,000 civil 
penalty, with $50,000 paid to the United States and $30,000 paid to the 
Commonwealth of Kentucky, based on a limited ability to pay as 
determined by the United States' review of Defendant's financial 
    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 et al. v. J.L. French LLC, et al., D.J. Ref. No. 90-5-2-
    The Consent Decree may be examined at the United States 
Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania 
Avenue, NW., Washington, DC 20460. 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 in the amount of $16.00 
for a copy of the complete Consent Decree (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. 2011-24604 Filed 9-23-11; 8:45 am]