[Federal Register Volume 84, Number 97 (Monday, May 20, 2019)]
[Notices]
[Pages 22897-22898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10342]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean Air
Act
On May 13, 2019, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Northern
District of Indiana in the lawsuit entitled United States, State of
Indiana, and State of Ohio v. ArcelorMittal USA LLC, ArcelorMittal
Burns Harbor LLC, and ArcelorMittal Cleveland LLC, Civil Action No.
2:19-cv-00179.
The proposed Consent Decree resolves a Complaint filed against
ArcelorMittal USA LLC, ArcelorMittal Burns Harbor LLC, and
ArcelorMittal Cleveland LLC as the owners and operators of the three
steel plants in Indiana and one plant in Ohio that are the subject of
the action. The Complaint asserts 18 claims pursuant to the Clean Air
Act (``CAA'') for violations of: (1) National Emission Standards for
Hazardous Air Pollutants promulgated under CAA Section 112, 42 U.S.C.
7412, and the implementing regulations governing various specific
source areas; (2) the New Source Performance Standards promulgated
under CAA Section 111(b)(1)(A), 42 U.S.C. 7411(b)(1)(A), and the
regulations governing electric arc furnaces at steel facilities, 40 CFR
part 60, subpart AAa; (3) Title V of the CAA, 42 U.S.C. 7661 et seq.,
and Title V's implementing federal, Indiana, and Ohio regulations; and
(4) the federally enforceable CAA State Implementation Plans for
Indiana and Ohio, which incorporate and/or implement the above-listed
federal requirements.
Under the proposed Consent Decree, ArcelorMittal USA, ArcelorMittal
Burns Harbor, and ArcelorMittal Cleveland shall pay a total aggregate
civil penalty of $5,002,158. Of the total civil penalty, $2,594,829
will be paid to the United States; $2,035,469.50 will be paid to the
State of Indiana; and $371,859.50 will be paid to the State of Ohio.
The proposed Consent Decree includes injunctive relief in the form of
various compliance monitoring activities and recognizes that during the
course of the negotiations Defendants expended an estimated $22 million
to address sulfur dioxide, nitrogen oxide, particulate matter, volatile
organic compounds, and carbon monoxide emission concerns identified in
the U.S. Environmental Protection Agency's 2011 and 2019 Notices of
Violation/Findings of Violation regarding the Indiana and Ohio
facilities. Additionally, the proposed Consent Decree provides for the
transfer of five acres of Lake Michigan beachfront property, appraised
at $350,000, from ArcelorMittal USA LLC to the City of East Chicago,
Indiana, for community benefit as a State of Indiana Supplemental
Environmental Project.
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, State of Indiana, and State of Ohio v.
ArcelorMittal USA LLC, ArcelorMittal Burns Harbor LLC, and
ArcelorMittal Cleveland LLC, D.J. Ref. No. 90-5-2-1-09354. All comments
must be submitted no later than 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
[[Page 22898]]
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 $61.50 (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 $11.75.
Randall M. Stone,
Acting Assistant Section Chief, Environmental Enforcement Section,
Environment and Natural Resources Division.
[FR Doc. 2019-10342 Filed 5-17-19; 8:45 am]
BILLING CODE 4410-15-P