[Federal Register Volume 76, Number 186 (Monday, September 26, 2011)]
[Notices]
[Pages 59425-59426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24604]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
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
requirements.
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
information.
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-
1-08881/1.
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]
BILLING CODE 4410-15-P