[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Notices]
[Page 74663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26502]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Resource
Conservation and Recovery Act and Clean Air Act
On November 30, 2022, the Department of Justice lodged a proposed
consent decree with the United States District Court for the Eastern
District of Wisconsin in the lawsuit entitled United States and State
of Wisconsin v. Container Life Cycle Management, LLC, Civil Action No.
22-cv-01423 (E.D. Wis.).
The consent decree addresses Resource Conservation and Recovery Act
(RCRA) and Clean Air Act (CAA) violations at defendant Container Life
Cycle Management LLC's (CLCM's) container reconditioning facilities in
the Milwaukee, Wisconsin, area. CLCM will pay a $1.6 million civil
penalty to be split evenly between the United States and the State.
The United States alleged violations of RCRA related to storage and
handling of hazardous waste at the company's facilities in St. Francis
and Oak Creek, Wisconsin and its then-operating facility in Milwaukee,
Wisconsin. The complaint also alleges CAA violations, for, among other
things, CLCM's failure to control emissions of volatile organic
compounds as required by the EPA-approved Wisconsin state
implementation plan.
To address alleged RCRA violations, the consent decree requires
CLCM to implement a container management plan, or CMP, for a two-year
period. The CMP provides for storage of heavy and non-empty containers
in RCRA-compliant hazardous waste storage areas. Certain reporting
requirements continue beyond the initial two-year period.
To address CAA violations, CLCM must continuously operate a
previously installed regenerative thermal oxidizer, in order to control
air emissions of volatile organic compounds at the St. Francis
facility. It will also construct additional emissions capture systems
within the St. Francis facility. At the Oak Creek facility, CLCM must
install and continuously operate a new digital data recorder to record
the temperature of the drum reclamation furnace afterburner, and
maintain an afterburner temperature at or above 1,650 degrees. Finally,
CLCM will be required to conduct performance testing at both the St.
Francis and Oak Creek facilities.
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 State of Wisconsin v. Container Life
Cycle Management, LLC, D.J. Ref. No. 90-7-1-11802/1. 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:
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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, including all exhibits, 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 $39.75 (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 $15.50.
Patricia McKenna,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2022-26502 Filed 12-5-22; 8:45 am]
BILLING CODE 4410-15-P