[Federal Register Volume 86, Number 21 (Wednesday, February 3, 2021)]
[Notices]
[Page 8037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02216]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Resource 
Conservation and Recovery Act

    On January 20, 2021, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the District 
of Utah in the lawsuit entitled United States of America v. Magnesium 
Corporation of America, et al., Civil Action No. 2:01CV0040B.
    If approved by the court, the consent decree would resolve the 
claims of the United States against US Magnesium LLC (``USM''), the 
Renco Group, Inc. (``Group''), the Ira Leon Rennert Revocable Trusts 
(``Trusts''), and Mr. Ira Leon Rennert (``Rennert''), collectively 
Defendants, for injunctive relief and civil penalties for alleged 
violations of the Resource Conservation and Recovery Act (``RCRA'') at 
USM's magnesium production facility in Rowley, Utah. The consent decree 
would require USM to: (1) Make extensive process modifications at the 
facility, including construction of a filtration plant to treat all 
wastewaters, that will reduce the environmental impacts from its 
production operations and ensure greater protection for its workers; 
(2) establish appropriate financial assurance for closure or corrective 
action of certain waste management areas in the operating areas of the 
facility; (3) pay a civil penalty of $250,000; and (4) perform the 
CERCLA Response Action, which includes construction of a barrier wall 
around 1700 acres of the operating portions of the facility to prevent 
leaks or breaches of hazardous materials to the Great Salt Lake, and 
the payment of EPA costs incurred in connection with the CERCLA 
Response Action. The United States and the Settling Defendants also 
would implement the 2019 bankruptcy settlement that resolved claims 
between the United States and USM's predecessors.
    In return for the Settling Defendants' compliance with these 
requirements, the consent decree would resolve past RCRA violations at 
the Rowley facility that the United States' complaint alleges. Provided 
that the Settling Defendants remain in compliance with the consent 
decree's requirements, including payment of EPA CERCLA Response Action 
costs, the United States would covenant not to sue the Settling 
Defendants under CERCLA for the CERCLA Response Action and EPA's CERCLA 
Response Action costs.
    The publication of this notice opens a period for public comment on 
the proposed consent decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States of America v. Magnesium Corporation 
of America, et al., D.J. Ref. No. 90-7-1-06980. 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].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, D.C. 20044-7611.
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    During the public comment period, the consent decree may be 
examined and downloaded at this Justice Department website: http://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 $101.00 (25 cents per 
page reproduction cost) payable to the United States Treasury. For a 
paper copy without the Appendices and signature pages, the cost is 
$20.00.

Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2021-02216 Filed 2-2-21; 8:45 am]
BILLING CODE 4410-15-P