[Federal Register Volume 78, Number 47 (Monday, March 11, 2013)]
[Notices]
[Pages 15376-15377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05506]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Amendment 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

    On March 4, 2013, the Department of Justice lodged with the United 
States District Court for the Eastern District of Missouri a proposed 
First Amendment to the Consent Decree in the lawsuit entitled United 
States v. The Doe Run Resources Corporation, et al., Civil Action No. 
4:10-cv-1895-JCH.
    The Consent Decree, entered by the Court on December 21, 2011 (Dkt. 
Item No. 116), resolved a joint multimedia action by the United States 
and the State of Missouri against The Doe Run Resources Corporation, 
The Doe Run Resources Corporation d/b/a The Doe Run Company, and The 
Buick Resource Recycling Facility, LLC, (collectively ``Doe Run'') for 
violations of the Clean Air Act, the Resource Conservation and Recovery 
Act, the Clean Water Act, the Emergency Planning and Community Right-
to-Know Act, the Comprehensive Environmental Response, Compensation, 
and Liability Act, and Missouri law at several mining, milling and 
smelting operations located in Missouri. The Consent Decree required 
Doe Run to perform injunctive relief and mitigation projects and to pay 
a $7 million civil penalty. The Consent Decree also required Doe Run to 
cease certain operations at the Herculaneum Lead Smelter Facility by 
December 31, 2013. In the interim, the Consent Decree imposed certain 
limits on the smelter's operation. The proposed Amendment would 
temporarily increase the Herculaneum Lead Smelter Facility 12-month 
rolling average limit for SO2 emissions and the 12-month 
rolling average limit for lead production for three months in 2013. To 
offset this temporary increase, the proposed Amendment requires Doe Run 
to lower the 12-month rolling SO2 emission limit for five 
months in 2013 to ensure an overall net reduction in SO2 
emissions for 2013. The Amendment does not allow Doe Run to produce 
more lead at the Herculaneum Lead Smelter Facility for calendar year 
2013 than it otherwise would under the original Consent Decree. In 
addition, the Amendment does not change the short-term lead production 
limit or the short-term SO2 emission limits for the 
Herculaneum Lead Smelter Facility set forth in the Consent Decree.
    The publication of this notice opens a period for public comment on 
the First Amendment to the Consent Decree. Comments should be addressed 
to the Assistant Attorney General, Environment and Natural Resources 
Division, and should refer to United States v. The Doe Run Resources 
Corporation, et al., Civil Action No. 4:10-cv-1895, D.J. Ref. No. 90-5-
2-1-07390/1. All comments must be submitted no later than fifteen (15) 
days after the publication date of this notice. Comments may be 
submitted either by email or by mail:

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        To submit comments:                     Send them to:
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By email..........................  [email protected].
By mail...........................  Assistant Attorney General, U.S.
                                     DOJ--ENRD, P.O. Box 7611,
                                     Washington, DC 20044-7611.
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    During the public comment period, the First Amendment to the 
Consent Decree may be examined and downloaded at this Justice 
Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. 
We will provide

[[Page 15377]]

a paper copy of the First Amendment to the Consent Decree upon written 
request and payment of reproduction costs. Please mail your request and 
payment to: Consent Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, 
Washington, DC 20044-7611.
    Please enclose a check or money order for $3.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Robert M. Maher, Jr.,
Acting Deputy Section Chief, Environmental Enforcement Section, 
Environment and Natural Resources Division.
[FR Doc. 2013-05506 Filed 3-8-13; 8:45 am]
BILLING CODE 4410-15-P