[Federal Register Volume 76, Number 204 (Friday, October 21, 2011)]
[Notices]
[Pages 65534-65535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27260]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Modification of Consent Decree Under the
Resource Conservation and Recovery Act
Notice is hereby given that on October 14, 2011, a proposed
Modification of a Consent Decree between the United States of America
and Rineco Chemical Industries, Inc. (``Rineco'') was lodged with the
United States District Court for the Eastern District of Arkansas in
the case of United States v. Rineco Chemical Industries, Inc., Civil
Action No. 4-07-CV-01189SWW.
In December 2007, the United States filed a complaint seeking
injunctive relief and civil penalties resulting from Rineco's failure,
inter alia, to obtain a permit under the Resource Conservation and
Recovery Act (``RCRA'') for its ownership and operation of a Thermal
Metal Washing unit (``TMW''), in violation of Section 3005(a) of RCRA,
42 U.S.C. 6925(a); and applicable Arkansas Pollution Control and
Ecology Commission regulations in connection with Rineco's fuel
blending facility located in Benton, Arkansas.
On October 16, 2010, the United States and Rineco entered into a
Consent Decree which resolved the claims alleged in the United States'
[[Page 65535]]
complaint. Under the Consent Decree, Rineco paid a civil penalty of
$1,350,000. The Consent Decree also requires Rineco to apply for a RCRA
permit for the TMW and its related hazardous waste storage and control
any fugitive emissions from the TMW at the facility; perform trial and
risk burns for the TMW to identify appropriate incinerator level and
risk based operating and control parameters for the unit; file a
notification and description of hazardous waste activity for the TMW;
and establish financial assurances for the TMW and its related
hazardous waste storage.
The proposed Modification of the Consent Decree allows Rineco an
additional year until October 14, 2012, to obtain a final permit and to
continue to operate its TMW under RCRA; provided that Rineco complies
with a number of specified interim operation conditions and deadlines
as well as the other requirements of the Consent Decree. Rineco's
authorization to continue to operate the TMW under the Consent Decree
beyond October 14, 2011, is expressly conditioned on Rineco's
completion of each of the milestone deadlines specified in the
modification to the satisfaction of the Arkansas Department of
Environmental Quality (``ADEQ'') and the Environmental Protection
Agency (``EPA''). The interim milestones include deadlines for the
approval of the trial burn plan, the conduct of the trial burn, the
notice of compliance (``NOC''), the risk assessment report, the
approval of the NOC, and the issuance of a final RCRA permit for the
TMW. Significant stipulated penalties are included in the modification
for Rineco's operation of the TMW after failure to meet any of the
interim milestones set forth in the modification.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the
proposed Modification of the Consent Decree. Comments should be
addressed to the Assistant Attorney General, Environment and Natural
Resources Division, and either e-mailed to [email protected], or mailed to P.O. Box 7611, U.S. Department of
Justice, Washington, DC 20044-7611, and should refer to United States
et al. v. Rineco Chemical Industries, Inc., D.J. Ref. 90-7-2-
1-08902.
The Modification of the Consent Decree may be examined at U.S. EPA
Region 6, 1445 Ross Avenue, Dallas, Texas 75202 (contact Jonathan
Bull). During the public comment period, the Modification of the
Consent Decree also may be examined on the following Department of
Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. A
copy of the Modification of the Consent Decree also may be obtained by
mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of
Justice, Washington, DC 20044-7611, or by faxing or e-mailing a request
to Tonia Fleetwood ([email protected]), fax no. (202) 514-0097,
phone confirmation number (202) 514-1547. In requesting a copy from the
Consent Decree Library, please enclose a check in the amount of $3.25
(25 cents per page reproduction cost) payable to the U.S. Treasury, or,
if by e-mail or fax, forward a check in that amount to the Consent
Decree Library at the stated address.
Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2011-27260 Filed 10-20-11; 8:45 am]
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