[Federal Register Volume 88, Number 151 (Tuesday, August 8, 2023)]
[Notices]
[Page 53522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16919]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean Air 
Act and Clean Water Act

    On August 2, 2023, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Northern 
District of New York in the lawsuit entitled United States and State of 
New York v. FrieslandCampina Ingredients North America, Inc., Civil 
Action No. 3:23-cv-00937-TJM-ML.
    The United States and the State of New York filed this civil 
enforcement action for injunctive relief and civil penalties pursuant 
to section 113 of the Clean Air Act (``CAA''), 42 U.S.C. 7413, section 
309 of the Clean Water Act (``CWA''), 33 U.S.C. 1319, and article 19 of 
the New York Environmental Conservation Law (``ECL''), and regulations 
promulgated thereto, against FrieslandCampina Ingredients North 
America, Inc. (``Friesland'' or ``Defendant''), as owner and operator 
of a hydrolyzed protein powder facility (``Facility'') located at 40196 
State Highway 10, Delhi, New York.
    The complaint alleges that Friesland violated the CAA by failing 
to: obtain a modification of its title V CAA permit before its Facility 
became a major source of volatile organic compound (``VOC'') emissions; 
perform a Reasonably Available Control Technology (``RACT'') 
demonstration and implement RACT before commencing operation of a major 
source of VOC emissions; obtain a permit before constructing a new, 
modified, or existing air contamination source at the Facility; and 
report and maintain annual reports of its VOC (toluene) emissions. The 
complaint also alleges that Friesland violated the CWA by: failing to 
comply with the New York State Department of Environmental Conservation 
(``NYSDEC'') State Pollutant Discharge Elimination System (``SPDES'') 
Permit No. NY262838; discharging non-contact cooling water to the 
Delaware River at temperatures that exceeded the Facility's permit 
limit of 70 degrees Fahrenheit; introducing total suspended solids into 
the Village of Delhi's publicly owned treatment works in quantities 
that caused pass through and/or interference with the treatment works; 
and failing to comply with its New York SPDES Multi-Sector General 
Permit for Stormwater Discharges Associated with Industrial Activity 
(GP-0-17-004--No. NYR00F872) No Exposure Certification.
    The settlement, set forth in a consent decree lodged with the 
court, would resolve violations of the CAA, CWA, and the ECL, and would 
require Friesland to reduce harmful toluene emissions through the 
installation and operation of pollution controls and comply with its 
permits. Friesland would also pay a civil penalty of $2,880,000 
($1,440,000 of which will be directed to New York State, exclusively to 
fund projects to prevent, abate, restore, mitigate, or control any 
identifiable instance of prior or ongoing water, land, or air 
pollution, as authorized by New York State Finance Law section 4(11) 
and New York Executive Law section 63(16)), and implement a 
Supplemental Environmental Project (``SEP'') at the Facility to reduce 
the adverse impacts of its thermal discharges and overall environmental 
risk to the Delaware River, by installing a closed-loop cooling tower 
system to replace its once-through, non-contact cooling water process 
that discharges excess heat into the adjacent watershed. The SEP would 
reduce groundwater withdrawals needed for Friesland's operations and 
the volume of discharges of heated water to the Delaware River, which 
would enhance trout habitat.
    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 and State of New York v. 
FrieslandCampina Ingredients North America, Inc., D.J. Ref. No. 90-5-2-
1-12387. 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 proposed 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 proposed 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 $10.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2023-16919 Filed 8-7-23; 8:45 am]
BILLING CODE 4410-15-P