[Federal Register Volume 91, Number 85 (Monday, May 4, 2026)]
[Notices]
[Pages 24009-24010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-08581]


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DEPARTMENT OF JUSTICE


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

    On April 28, 2026, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Southern 
District of Ohio in the lawsuit entitled United States et al. v. AK 
Steel Corp., Civil Action No. 1:00-cv-00530-JPH.
    In 2001, the United States brought an action against Defendant AK 
Steel Corporation, now named Cleveland-Cliffs Steel Corporation, 
seeking among other things Defendant's performance of corrective 
actions under Section 3008(h) of the Resource Conservation Recovery Act 
(``RCRA''), 42 U.S.C. 6928(h), to address releases of hazardous waste 
at Defendant's Middletown Works steel production facility in 
Middletown, Ohio. On May 15, 2006, the Court entered a Consent Decree 
in Partial Resolution of Pending Claims (the ``2006 Consent Decree'') 
which resolved all claims brought by plaintiffs except for the United 
States' (and intervening plaintiffs') claims for corrective action 
under RCRA Section 3008(h). The 2006 Consent Decree required Defendant 
to perform various corrective action investigations under Section 
3008(h) of RCRA, but the Parties agreed to defer resolution of the 
alleged liability of Defendant under Section 3008(h) of RCRA and to 
defer entering into an agreement governing implementation of such 
corrective measures until completion of the investigations. The Consent 
Decree lodged today establishes requirements for Defendant to complete 
corrective actions at seven areas in and around the Facility, which 
Defendant has been developing with EPA oversight pursuant to the 2006 
CD. The Consent Decree thus resolves the last pending claim in this 
case.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Principal 
Deputy Assistant Attorney General, Environment and Natural Resources 
Division, and should refer to United States et al. v. AK Steel Corp., 
D.J. Ref. No. 90-5-2-1-2189/4. 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.............................  Principal Deputy Assistant
                                       Attorney General, U.S. DOJ--ENRD,
                                       P.O. Box 7611, Washington, DC
                                       20044-7611.
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    Any comments submitted in writing may be filed by the United States 
in whole or in part on the public court docket without notice to the 
commenter.

[[Page 24010]]

    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. If you require assistance 
accessing the Consent Decree, you may request assistance by email or by 
mail to the addresses provided above for submitting comments.

Thomas Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2026-08581 Filed 5-1-26; 8:45 am]
BILLING CODE 4410-CW-P