[Federal Register Volume 84, Number 31 (Thursday, February 14, 2019)]
[Notices]
[Pages 4104-4105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02283]


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DEPARTMENT OF JUSTICE


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

    On February 8, 2019, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Northern 
District of Alabama in the lawsuit entitled United States et al. v. 
Drummond Company, Inc. d/b/a ABC Coke (Drummond), Civil Action No. 
2:19-cv-00240-AKK. The United States is joined in this matter by its 
co-plaintiff the Jefferson County Board of Health (JCBH).
    This case relates to alleged releases of benzene from Drummond's 
coke by-product recovery plant in Tarrant, Alabama (Facility). The case 
involves claims for civil penalties and injunctive relief under the 
Clean Air Act, 42 U.S.C. 7401 et seq., and its implementing regulations 
known as National Emission Standards for Hazardous Air Pollutants 
(NESHAPs), including 40 CFR part 61, subpart L (Benzene Emissions from 
Coke By-product Recovery Plants), Subpart V (Equipment Leaks and 
Fugitive Emissions), and Subpart FF (Benzene Waste Operations), as well 
as related claims under laws promulgated by the Jefferson County Board 
of Health. The settlement resolves the alleged claims by requiring 
Drummond to, among other things: (1) Pay a civil penalty of $775,000 
for the past alleged violations to be split equally between the United 
States and JCBH; (2) undertake fixes to the Facility to address the 
alleged violations; (3) implement a leak detection and repair program 
to ensure compliance and reduce potential future fugitive benzene 
emissions; and (4) implement a supplemental environmental project of 
two years of semi-annual use of an infrared camera as part of leak 
detection efforts at a cost of $16,000.
    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 et al. v. Drummond Company, Inc. d/b/a 
ABC Coke, D.J. Ref. No. 90-5-2-1-10717. 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].

[[Page 4105]]

 
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 website: https://www.justice.gov/enrd/consent-decrees. 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 $10.00 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2019-02283 Filed 2-13-19; 8:45 am]
 BILLING CODE 4410-15-P