[Federal Register Volume 86, Number 41 (Thursday, March 4, 2021)]
[Notices]
[Pages 12713-12714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04438]


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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. 2:01CV0040-DBB.
    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 1,700 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.
    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

[[Page 12714]]

Settling Defendants under CERCLA for the CERCLA Response Action and 
EPA's CERCLA Response Action costs.
    On February 3, 2021, the Department of Justice published notice of 
the lodging of the proposed consent decree. 86 FR 8037. The notice 
started a 30-day period for the submission of comments on the proposed 
consent decree. The Department of Justice has received a request for an 
extension of the comment period, which expires on March 5, 2021. In 
consideration of the request, notice is hereby given that the 
Department of Justice has extended the comment period on the proposed 
consent decree by an additional 14 days, up to and including March 19, 
2021. 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., Civil 
Action No. 2:01CV0040-DBB; D.J. Ref. No. 90-7-1-06980. 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: 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. 2021-04438 Filed 3-3-21; 8:45 am]
BILLING CODE 4410-15-P