[Federal Register Volume 89, Number 166 (Tuesday, August 27, 2024)]
[Notices]
[Pages 68645-68646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19142]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Judgment Under the Clean 
Air Act

    On August 20, 2024, the Department of Justice lodged a proposed 
Consent Judgment with the United States District Court for the Eastern 
District of New York in the lawsuit entitled United States of America 
v. Gershow Recycling Corporation, Civil Action No. 24-CV-5794-GRB-AYS.
    The United States filed this lawsuit under the Clean Air Act, 42 
U.S.C. 7413(a)-(b) (``CAA''). The Complaint seeks civil penalties and 
injunctive relief for Gershow Recycling Corporation's (``Gershow'') 
past and ongoing operation of a metal shredder without reasonably 
available emission control technology (``RACT'') in violation of the 
CAA and the federally enforceable State Implementation Plan (``SIP'') 
contained in New York State regulations, 6 N.Y.C.R.R. Sec.  212-3 et 
seq. The facility is located in Medford, New York, in Suffolk County. 
The CAA and

[[Page 68646]]

relevant regulations require major sources of Volatile Organic 
Compounds (``VOC'') emissions to obtain a permit, install RACT, and 
annually report emissions of all regulated air contaminants. The 
Complaint alleges that Gershow failed to comply with these 
requirements.
    The Consent Judgment requires Gershow to comply with the SIP, 
obtain an appropriate CAA Title V permit, and install and operate an 
emission capture system and air pollution control equipment. The 
emission capture system will capture relevant emissions and route them 
to air pollution control equipment that will remove particulate matter, 
VOCs, and acid gases from the shredder's emission in accordance with 
specifications detailed in the Consent Judgment. The Consent Judgment 
also requires Defendants to pay a $555,000 civil penalty.
    The publication of this notice opens a period for public comment on 
the proposed Consent Judgment. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States of America v. Gershow Recycling 
Corporation, D.J. Ref. No. 90-5-2-1-12657. 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 e-mail...........................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ-ENRD, P.O. Box 7611,
                                       Washington, D.C. 20044-7611.
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    Any comments submitted in writing may be filed in whole or in part 
on the public court docket without notice to the commenter.
    During the public comment period, the Consent Judgment may be 
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. If you require assistance 
accessing the consent judgment, you may request assistance by email or 
mail to the addresses provided above for submitting comments.

Eric D. Albert,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2024-19142 Filed 8-26-24; 8:45 am]
BILLING CODE 4410-15-P