[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Notices]
[Pages 44672-44673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18434]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water and 
Clean Air Acts

    Notice is hereby given that on July 24, 2012, a proposed Consent 
Decree in United States, et al. v. Shenango Incorporated, Civil Action 
No. 2:12-cv-01029-GLL was lodged with the United States District Court 
for the Western District of Pennsylvania.
    Shenango Incorporated (``Shenango'') is a company located in the 
greater Pittsburgh area which owns and operates a single battery 
containing 56 coke ovens in which it converts coal to coke. The Consent 
Decree obligates Shenango to implement a program of ceramic welding to 
address opacity violations at the coke ovens and combustion stack at 
the facility, and to adhere to various protocols for inspection, 
maintenance, and operation of the coke ovens. The settlement

[[Page 44673]]

further obligates Shenango to install certain interim measures at its 
wastewater treatment plant and, after issuance of a new and revised 
National Pollutant Discharge Elimination System (``NPDES'') permit, to 
install biological treatment in the wastewater treatment plant. In 
addition, Shenango will pay a civil penalty of $1,750,000 to resolve 
its violations of the Clean Air Act and the Clean Water Act. The 
Allegheny County Health Department (``ACHD'') and the Pennsylvania 
Department of Environmental Protection (``PADEP'') are co-plaintiffs 
with the United States.
    The Consent Decree resolves civil claims for violations alleged in 
a Complaint filed concurrently with the Consent Decree. In the 
Complaint, Plaintiffs allege that Shenango violated regulations of 
ACHD, which are incorporated into the Pennsylvania State Implementation 
Plan (``SIP''), because Shenango had visible emissions in excess of 
those allowed under the ACHD regulations, from charging, from the door 
areas, from offtake piping, from pushing, and at the combustion stack. 
In addition, Plaintiffs allege that Shenango violated the limits on 
flaring, mixing or combustion of coke oven gas. Under the Clean Water 
Act, Plaintiffs allege that Shenango violated the effluent limitations 
in the NPDES Permit issued to it, that Shenango also discharged 
polluted stormwater without authorization into the Ohio River, and that 
Shenango failed to properly operate and maintain its wastewater 
treatment plant in violation of the terms of its NPDES permit.
    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 emailed 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. Shenango Incorporated, D.J. Ref. 90-5-
2-3-1099/3.
    During the public comment period, the Consent Decree may also be 
examined on the following Department of Justice Web site, to 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 emailing a request to ``Consent Decree 
Copy''([email protected]), fax no. (202) 514-0097, phone 
confirmation number (202) 514-5271. If requesting a copy from the 
Consent Decree Library by mail, please enclose a check in the amount of 
$ 15.75 for the Consent Decree and $100.00 for the Appendices thereto 
(25 cents per page reproduction cost) payable to the U.S. Treasury or, 
if requesting by email or fax, forward a check in that amount to the 
Consent Decree Library at the address given above.

Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2012-18434 Filed 7-27-12; 8:45 am]
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