[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]


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

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:

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

    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