[Federal Register Volume 84, Number 116 (Monday, June 17, 2019)]
[Notices]
[Pages 28075-28076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12635]


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DEPARTMENT OF JUSTICE


Notice of Extension of Public Comment Period for 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). At the 
request of members of the public, DOJ is extending the public comment 
period for an additional 30 days.
    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.

[[Page 28076]]

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.
    Notice of the lodging of the decree was originally published in the 
Federal Register on February 14, 2019. See 84 FR 4104 (February 14, 
2019). The publication of the original notice opened a thirty (30) day 
period for public comment on the Decree. The public comment period was 
extended until June 17, 2019. 84 FR 9,560 (March 15, 2019); 84 FR 
16,038 (April 17, 2019); 84 FR 22,168 (May 16, 2019). The publication 
of the present notice extends the period for public comment on the 
Decree to July 17, 2019.
    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 July 17, 
2019. 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 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.

Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2019-12635 Filed 6-14-19; 8:45 am]
BILLING CODE 4410-CW-P