[Federal Register Volume 88, Number 238 (Wednesday, December 13, 2023)]
[Notices]
[Pages 86381-86382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27319]


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DEPARTMENT OF JUSTICE


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

    On December 7, 2023, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Northern 
District of Illinois in the lawsuit entitled United States, Louisiana 
Department of Environmental Quality, and the State of Indiana v. 
Heritage-Crystal Clean, LLC, Civil Action No. 1:22-cv-00303.
    The complaint filed in this action seeks civil penalties and 
injunctive relief for alleged violations of the Resource Conservation 
and Recovery

[[Page 86382]]

Act, its implementing regulations, and related state law provisions, at 
five Heritage-Crystal Clean (HCC) facilities located in Shreveport, 
Indianapolis, Atlanta, and Denver as well as at a former facility in 
Fairless Hills, Pennsylvania. The complaint alleged that in the course 
of providing solvent-based parts washing services to numerous customers 
throughout the United States, HCC violated various hazardous waste 
management requirements by (1) transporting hazardous waste without 
required hazardous waste manifests, (2) storing hazardous waste at HCC 
facilities that do not have hazardous waste permits, (3) failing to 
make adequate hazardous waste determinations after mixing used solvents 
that HCC accepted from numerous different customers, (4) failing to 
comply with certain requirements for reducing air emissions from 
hazardous waste tanks and equipment, and (5) failing to maintain 
adequate secondary containment for certain hazardous waste tanks. The 
complaint also alleged that HCC violated certain requirements 
applicable to storage of used oil at HCC's Shreveport facility, and 
certain requirements governing management of solid wastes at HCC's 
Indianapolis facility (the ``10th Street Facility'').
    The proposed settlement prohibits HCC from treating, storing, or 
disposing of hazardous waste at any HCC facility that does not have a 
hazardous waste management permit. The proposed settlement also 
includes extensive measures to assure that HCC facilities do not manage 
used parts washing solvent that is subject to regulation as hazardous 
waste. These measures include: (1) screening new customers; (2) 
screening used parts washing solvents before HCC accepts such solvents 
for transport and management; (3) providing educational materials to 
certain parts washing customers; (4) testing of used parts washing 
solvent accepted by HCC to determine whether any used solvents accepted 
and managed by HCC are hazardous waste; (5) prompt removal from HCC 
facilities of any used parts washing solvents shown to be hazardous 
waste; (6) a prohibition on processing of certain used solvents, 
including by gravity separation, for the purpose of making the used 
solvent suitable for resale and re-use. The proposed settlement also 
provides for HCC to apply for a permit to store and treat hazardous 
waste at its 10th Street Facility. Pending issuance of a hazardous 
waste permit for the 10th Street Facility and construction of any waste 
management units authorized by such a permit, the proposed Consent 
Decree requires HCC to implement various interim measures at the 10th 
Street Facility, including various inspection requirements, and 
requirements to close open vents on certain tanks used to store used 
solvent at the 10th Street Facility. In addition, the proposed Consent 
Decree includes provisions for a third-party audit of HCC's 
implementation of Consent Decree requirements. Finally, the proposed 
Consent Decree provides for HCC to pay civil penalties totaling 
$1,162,500, with specified portions of the penalty amount allocated to 
the United States, the Louisiana Department of Environmental Quality, 
and the State of Indiana.
    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, Louisiana Department of 
Environmental Quality, and the State of Indiana v. Heritage-Chrystal 
Clean, LLC D.J. Ref. No. 90-7-1-11889. 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: http://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 $33.50 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Thomas Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2023-27319 Filed 12-12-23; 8:45 am]
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