[Federal Register Volume 80, Number 217 (Tuesday, November 10, 2015)]
[Notices]
[Pages 69700-69701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28479]


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DEPARTMENT OF JUSTICE


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

    On November 3, 2015, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of Arizona in the lawsuit entitled United States v. Asarco LLC, Civil 
Action No. 2:15-cv-02206-JZB.
    The United States filed this civil enforcement action under the 
federal Clean Air Act. The United States' complaint seeks injunctive 
relief and civil penalties for violations of the regulations that 
govern emissions from the defendant's copper smelting facility in 
Hayden, Arizona. The proposed consent decree resolves the claims 
alleged in the complaint and requires the defendant to perform 
injunctive relief that will significantly reduce emissions of 
particulate matter, sulfur dioxide, and several hazardous air 
pollutants including lead and arsenic at its facility, and to pay a 
civil penalty of $4.5 million. Additionally, the proposed consent 
decree requires the defendant to spend at least $8 million on 
environmental mitigation projects that will benefit communities 
adversely affected by pollution from its facility. The defendant will 
also perform a Supplemental Environmental Project (``SEP'') under the 
proposed consent

[[Page 69701]]

decree. For the SEP, the defendant will retire an old diesel switch 
locomotive and replace it with a low emission diesel-electric switch 
locomotive at an estimated cost of $1 million, which will result in 
reduced nitrogen oxides, particulate matter and greenhouse gas 
emissions.
    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 v. Asarco LLC, D.J. Ref. No. 90-5-2-
1-10459. 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, 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 Web site: 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 $32.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2015-28479 Filed 11-9-15; 8:45 am]
 BILLING CODE 4410-15-P