[Federal Register Volume 83, Number 30 (Tuesday, February 13, 2018)]
[Notices]
[Pages 6214-6215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02914]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Second Amendment to Consent Decree
Under the Clean Air Act
On February 7, 2018, the Department of Justice lodged a proposed
Second Amendment to Consent Decree (``Second Amendment'') 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, 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 sought civil penalties and
injunctive relief against the owners and operators of the Gateway and
Haverhill Facilities, the Haverhill Coke Company, LLC, SunCoke Energy,
Inc., and the Gateway Energy & Coke Company, LLC. The States of
Illinois and Ohio are co-plaintiffs in this action, and sought
injunctive relief and civil penalties under corresponding state laws as
to the Gateway Facility and Haverhill Facility, respectively.
On November 10, 2014, the Court entered a Consent Decree that,
inter alia, required (1) installation of heat recovery steam generators
(``HRSGs'') 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, and (2) installation
of continuous emissions monitors for sulfur dioxide at one bypass vent
per process unit (two at the Haverhill Facility and one at the Gateway
Facility).
The Consent Decree allows Defendants 720 hours of ``tie-in'' time
to complete installation of the Redundant HRSGs. Defendants have
represented that installation and operation of the Redundant HRSGs have
exacerbated corrosion-related issues at the spray dryer absorbers
(``SDAs''); therefore, Defendants need to replate the SDAs to upgrade
their metallurgy and to make them more corrosion-resistant, as well as
assist in effective operation of the SDAs. To that end, the Second
Amendment would allow Defendants to use tie-in hours to address the
corrosion at the SDAs, while at the same time requiring Defendants to
mitigate the excess emissions associated with the replating project.
As to mitigation, the Second Amendment requires Defendants to: (1)
Meet lower bypass venting emissions limits relating to sulfur dioxide
at both the Gateway and Haverhill Facilities than were required by the
Consent Decree, and seek to incorporate such lower limits into
construction permit(s) and Title V operating permits; and (2) continue
to operate the flue gas desulfurization units at the two facilities to
over-control sulfur dioxide, particulate matter, lead, and, as to the
Haverhill Facility, hydrochloric acid emissions from the main stacks
by, among other things, injecting excess lime slurry into the SDAs. The
proposed Second Amendment would also streamline reporting obligations
under the Consent Decree, and add reporting requirements relating to
mitigation of excess emissions resulting from the SDA replating
project.
The publication of this notice opens a period for public comment on
the Second Amendment. 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. No. 90-5-2-1-10065. 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:
[[Page 6215]]
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To submit comments: Send them to:
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By email............................ [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 Second Amendment may be
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the Second Amendment 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 $4.75 (25 cents per page
reproduction cost) payable to the United States Treasury.
Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2018-02914 Filed 2-12-18; 8:45 am]
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