[Federal Register Volume 78, Number 169 (Friday, August 30, 2013)]
[Notices]
[Pages 53784-53785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21181]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean Air
Act
On June 26, 2013, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Southern
District of Illinois in the lawsuit entitled United States, et al. v.
Gateway Energy & Coke Company, et al., Civil Action No. 3:13-cv-00616-
DRH-SCW.
The United States, on behalf of the U.S. Environmental Protection
Agency, has filed a complaint under the Clean Air Act asserting claims
relating to two Midwestern heat recovery coking facilities, one of
which is located in Granite City, Illinois (the ``Gateway Facility''),
and the other of which is located in Franklin Furnace, Ohio (the
``Haverhill Facility''). The United States seeks civil penalties and
injunctive relief against the owners and operators of the Gateway and
Haverhill Facilities. The Haverhill Coke Company, LLC, formerly known
as the Haverhill North Coke Company, is an owner and operator of the
Haverhill Facility along with SunCoke Energy, Inc. (``SunCoke'')
(together ``the Haverhill Defendants''). The Gateway Energy & Coke
Company, LLC is an owner and operator of the Gateway Facility along
with SunCoke (together ``the Gateway Defendants'').
The States of Illinois and Ohio are co-plaintiffs in this action.
The State of Illinois asserts claims in this action relating to the
Gateway Facility under the Illinois Environmental Protection Act
(``Illinois Act''), 415 ILCS 5/1 et seq. (2010), and seeks injunctive
relief and civil penalties against the Gateway Defendants for
violations of the Illinois Act. The State of Ohio asserts claims in
this action relating to the Haverhill Facility under Chapter 3745 of
the Ohio Revised Code (``ORC''), and the rules adopted thereunder, and
seeks injunctive relief and civil penalties against the Haverhill
Defendants for violations of ORC Chapter 3704. The Complaint alleges
that the Gateway Defendants operated the Gateway Facility and the
Haverhill Defendants operated the Haverhill Facility in excess of
bypass venting limits specified in their Prevention of Significant
Deterioration permits, and that the Haverhill Defendants failed to
comply with emissions monitoring and reporting requirements.
The Consent Decree would require (1) Installation of process
equipment to provide redundancy that will allow hot coking gases to be
routed to a pollution control device instead of vented directly to the
atmosphere in the event of equipment downtime; (2) installation of
continuous emissions monitoring systems for sulfur dioxide, at one
bypass vent per process unit (two at the Haverhill Facility and one at
the Gateway Facility); (3) payment of a civil penalty of $1.995
million, of which $1.27 million will go to the United States, $575,000
to the State of Illinois, and $150,000 to the State of Ohio; and (4)
performance of a lead hazard abatement supplemental environmental
project at a cost of $255,000 at the Gateway Facility.
In a Federal Register Notice published on July 2, 2013, the
Department of Justice announced its intention to receive comments
relating to the Consent Decree for a period of thirty (30) days from
the date of that publication. 78 Fed. Reg. 39,770 (July 2, 2013). That
period was extended in response to a request to September 3, 2013. The
United States has received another request for an extension and is
therefore extending the public comment period for thirty (30)
additional days, until October 3, 2013. Comments should be addressed to
the Assistant Attorney General, Environment and Natural Resources
Division, and should refer to United States, et al. v. Gateway Energy &
Coke Company, et al., D.J. Ref. Nos. 90-5-2-1-09890 and 90-5-2-1-10065.
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, DC 20044-
7611.
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During the public comment period, the Consent Decree may be
examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy
of the 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 $29.75 (25 cents per page
[[Page 53785]]
reproduction cost) payable to the United States Treasury. For a paper
copy without the exhibits and signature pages, the cost is $16.25.
Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2013-21181 Filed 8-29-13; 8:45 am]
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