[Federal Register Volume 86, Number 15 (Tuesday, January 26, 2021)]
[Notices]
[Page 7109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01678]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean Air 
Act, Resource Conservation and Recovery Act, Clean Water Act, and the 
Emergency Planning Community Right to Know Act

    On January 19, 2021, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Middle 
District of Pennsylvania in the lawsuit entitled United States and 
Commonwealth of Pennsylvania Department of Environmental Protection v. 
American Zinc Recycling Corporation, Civil Action No. 3:21-cv-00098-
RDM.
    If entered, the Consent Decree would resolve the Plaintiffs' claims 
against American Zinc Recycling Corp. (``AZR'' or ``Defendant'') 
related to AZR's zinc reclamation and processing facility located in 
Palmerton, Pennsylvania. Plaintiff United States' federal claims are 
based on a number of statutory provisions, including the Clean Air Act, 
42 U.S.C. 7413(b); the Solid Waste Disposal Act (commonly known as the 
Resource Conservation and Recovery Act or ``RCRA''), 42 U.S.C. 6928(a) 
and (g); the Clean Water Act, 33 U.S.C. 1319(b) and 1321(b)(7)(c); and 
the Emergency Planning and Community Right-to-Know Act (EPCRA), 42 
U.S.C. 11045(c). Plaintiff Commonwealth of Pennsylvania has alleged 
claims under several state statutes and regulations, including the 
Pennsylvania Air Pollution Control Act (``APCA''), 35 P.S. Sec. Sec.  
4004 and 4006.1; the Pennsylvania Title V Program, 25 Pa. Code 
Sec. Sec.  127.401-464 and 127.501-127.543; the Pennsylvania Solid 
Waste Management Act (``SWMA:), 35 P.S. Sec. Sec.  6018.104 and 
6018.503; and the Clean Streams Law, 35 P.S. Sec. Sec.  691.5 and 
691.307.
    The Consent Decree requires AZR to perform a number of actions to 
address its violations of the various environmental statutes. With 
regard to its Clean Air Act, APCA, and Title V violations, AZR will 
install a new bag leak detection system in the product collectors at 
each of its four kilns at the facility, and a new emergency generator 
at one kiln. In addition, the company will continuously monitor various 
pollutant parameters at its kilns and product collectors, and will 
implement new air emission stack tests. To redress its RCRA and SWMA 
violations, AZR will ensure that only compliant wastes are placed into 
its waelzing and calcining kilns, and will implement various measures 
to ensure that it remains in compliance with RCRA lead storage 
requirements. It will also implement a number of new operating 
procedures and hazardous waste management and storage plans. In 
connection with its Clean Water Act and Clean Streams Law violations, 
the Consent Decree requires AZR to perform investigations of 
stormwater, process water, and non-contact cooling water systems at the 
Palmerton Facility. AZR will implement the facility's Stormwater 
Pollution Prevention Plan and other stormwater control measures. AZR 
must also revise and/or correct the Palmerton facility's Integrated 
Preparedness, Prevention, and Contingency Plan as well.
    As a further remedy, the Consent Decree requires AZR to pay a civil 
penalty of $3,300,000, which will be evenly split between the United 
States and the Commonwealth. As the Palmerton facility is currently 
under an existing environmental consent decree that the proposed 
Consent Decree is intended to replace, a motion to terminate the 
existing consent decree will be filed when the Plaintiffs move to enter 
the proposed Consent Decree after the required public comment period.
    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 and Commonwealth of Pennsylvania 
Department of Environmental Protection v. American Zinc Recycling 
Corp., D.J. Ref. No. 90-11-3-11529/1. 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:

------------------------------------------------------------------------
         To submit comments:                     Send them to:
------------------------------------------------------------------------
By e-mail...........................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, D.C. 20044-7611.
------------------------------------------------------------------------

    Under section 7003(d) of RCRA, a commenter may request an 
opportunity for a public meeting in the affected area.
    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 $60.25 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy of the Consent Decree without the appendices, the cost is $34.00.

Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2021-01678 Filed 1-25-21; 8:45 am]
BILLING CODE 4410-15-P