[Federal Register Volume 78, Number 142 (Wednesday, July 24, 2013)]
[Notices]
[Pages 44598-44599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17734]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean Air 
Act

    On June 26, 2013, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Southern 
District of Illinois in the lawsuit entitled United States, et al. v. 
Gateway Energy & Coke Company, et al., Civil Action No. 3:13-cv-00616-
DRH-SCW.
    The United States, on behalf of the U.S. Environmental Protection 
Agency, has filed a complaint under the Clean Air Act asserting claims 
relating to two Midwestern heat recovery coking facilities, one of 
which is located in Granite City, Illinois (the ``Gateway Facility''), 
and the other of which is located in Franklin Furnace, Ohio (the 
``Haverhill Facility''). The United States seeks civil penalties and 
injunctive relief against the owners and operators of the Gateway and 
Haverhill Facilities. The Haverhill Coke Company, LLC, formerly known 
as the Haverhill North Coke Company, is an owner and operator of the 
Haverhill Facility along with SunCoke Energy, Inc. (``SunCoke'') 
(together ``the Haverhill Defendants''). The Gateway Energy & Coke 
Company, LLC is an owner and operator of the Gateway Facility along 
with SunCoke (together ``the Gateway Defendants'').
    The States of Illinois and Ohio are co-plaintiffs in this action. 
The State of Illinois asserts claims in this action relating to the 
Gateway Facility under the Illinois Environmental Protection

[[Page 44599]]

Act (``Illinois Act''), 415 ILCS 5/1 et seq. (2010), and seeks 
injunctive relief and civil penalties against the Gateway Defendants 
for violations of the Illinois Act. The State of Ohio asserts claims in 
this action relating to the Haverhill Facility under Chapter 3745 of 
the Ohio Revised Code (``ORC''), and the rules adopted thereunder, and 
seeks injunctive relief and civil penalties against the Haverhill 
Defendants for violations of ORC Chapter 3704. The Complaint alleges 
that the Gateway Defendants operated the Gateway Facility and the 
Haverhill Defendants operated the Haverhill Facility in excess of 
bypass venting limits specified in their Prevention of Significant 
Deterioration permits, and that the Haverhill Defendants failed to 
comply with emissions monitoring and reporting requirements.
    The Consent Decree would require (1) installation of process 
equipment to provide redundancy that will allow hot coking gases to be 
routed to a pollution control device instead of vented directly to the 
atmosphere in the event of equipment downtime; (2) installation of 
continuous emissions monitoring systems for sulfur dioxide, at one 
bypass vent per process unit (two at the Haverhill Facility and one at 
the Gateway Facility); (3) payment of a civil penalty of $1.995 
million, of which $1.27 million will go to the United States, $575,000 
to the State of Illinois, and $150,000 to the State of Ohio; and (4) 
performance of a lead hazard abatement supplemental environmental 
project at a cost of $255,000 at the Gateway Facility.
    In a Federal Register Notice published on July 2, 2013, the 
Department of Justice announced its intention to receive comments 
relating to the Consent Decree for a period of thirty (30) days from 
the date of that publication. 78 FR 39770 (July 2, 2013). In response 
to a request, the Department of Justice is extending that public 
comment period for thirty (30) days, until September 3, 2013. Comments 
should be addressed to the Assistant Attorney General, Environment and 
Natural Resources Division, and should refer to United States, et al. 
v. Gateway Energy & Coke Company, et al., D.J. Ref. Nos. 90-5-2-1-09890 
and 90-5-2-1-10065. 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 Consent Decree may be 
examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy 
of 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 $29.75 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy without the exhibits and signature pages, the cost is $16.25.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2013-17734 Filed 7-23-13; 8:45 am]
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