[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