[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]
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