[Federal Register Volume 78, Number 219 (Wednesday, November 13, 2013)]
[Notices]
[Pages 68093-68094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27035]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree; Pursuant to the Resource 
Conservation and Recovery Act and the Clean Water Act

    On October 28, 2013, the Department of Justice lodged a proposed 
Consent Decree (``Decree'') in the United States District Court for the 
Eastern District of Kentucky in the lawsuit entitled United States of 
America v. Calgon Carbon Corporation, Civil Action No. 0:13-cv-00158.
    This Decree represents a settlement of claims against the Defendant 
Calgon Carbon Corporation (``Defendant'' or ``Calgon'') for violations 
of Kentucky Revised Statutes (KRS) Title XVIII Chapter 224, Subchapter 
46-Hazardous Waste et seq. (Section 3005 of the Resource Conservation 
and Recovery Act (``RCRA''), 42 U.S.C. 9625), and the Kentucky 
Hazardous Waste Management Regulations, as authorized, at Title 401 of 
Kentucky Administrative Regulations (KAR) Chapters 31 through 38 (40 
CFR parts 260 through 270), which account for numerous RCRA hazardous 
waste permit conditions, RCRA interim status conditions, and other RCRA 
hazardous waste management requirements at Calgon's Big Sandy facility 
located near Catlettsburg, Kentucky, and at Calgon's Solid Waste 
Landfill. In addition, the Complaint contains allegations of violations 
by Calgon of the Clean Water Act (CWA), Sections 301 and 402 of the 
CWA, 42 U.S.C. SS 1341 and 1311, by not complying with its National 
Pollutant Discharge Elimination System (NPDES) permit.
    Under the proposed Consent Decree, the Defendant will pay a penalty 
of $1.6 million, to be allocated as $1,374,000 as civil penalty for 
RCRA violations, and $226,000 for the CWA violations. The Decree 
provides for stipulated penalties in the event the Defendant fails to 
comply with the Decree's requirements.
    The proposed Consent Decree provides for injunctive relief sought 
by the United States that EPA believes is necessary to address Calgon's 
violations and bring the facility into compliance with the law. The 
injunctive relief that Calgon must perform is set forth in Section V. 
(Compliance Requirements) of the Consent Decree. Calgon has already 
submitted a Lagoon Solids Stockpile Sampling Quality Assurance Project 
Plan (QAPP) and Lagoon Solids Stockpile Sampling Work Plan to address 
sampling and testing of the Phase II Lagoon Solids Stockpile. EPA has 
already approved this Work Plan and QAPP, which are attached as an 
appendix to the Consent Decree. Calgon is required to begin to 
implement its Work Plan within thirty days of the Effective Date of the 
Consent Decree, which is the date the Decree is entered by the Court.
    Within ninety days from the Effective Date of the Decree, Calgon is 
required to submit a site specific QAPP and Work Plan to address the 
sampling and testing of groundwater at Calgon's Residual Solid Waste 
Landfill. Upon acceptance of the Plan by the Environmental Protection 
Agency (EPA), Calgon is required to begin to implement the Work within 
fifteen days.
    Calgon must further conduct Corrective Action in accordance with 
its State-issued RCRA permit and any other applicable Commonwealth 
rules and regulations for solid waste management

[[Page 68094]]

units (SWMUs) and areas of contamination (AOCs). The specific 
Corrective Action conditions are delegated to the Commonwealth, and 
will be determined after the assessment work is done pursuant to the 
Consent Decree.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States v. Calgon Carbon Corporation, Civil 
Action No. 0:13-cv-00158, D. J. Ref. No. 90-7-1-09536. All comments 
must be submitted no later than thirty (30) 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 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 $18.00 (25 cents per page 
reproduction cost) payable to the United States Treasury for the 
Consent Decree and Exhibits thereto.

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2013-27035 Filed 11-12-13; 8:45 am]
BILLING CODE 4410-15-P