[Federal Register Volume 75, Number 140 (Thursday, July 22, 2010)]
[Notices]
[Page 42785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18066]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Clean Air Act
Notice is hereby given that on July 7, 2010, a proposed Consent
Decree in United States of America, et al. v. Wise Alloys, LLC, Civil
Action No. CV-10-TMP-1811-NW, was lodged with the United States
District Court for the Northern District of Alabama, Northwestern
Division (``the Court'').
In this federal action, the United States sought civil penalties
and injunctive relief against Wise Alloys, LLC (``Wise Alloys''), an
aluminum scrap recycler, for civil penalties and injunctive relief
resulting from violations of Section 112 of the Clean Air Act, 42
U.S.C. 7412, and implementing regulations establishing maximum
achievable control technology emission standards for the secondary
aluminum industry, 40 CFR 63 Subpart RRR (``the Secondary Aluminum
MACT''). Wise Alloys owns and operates an aluminum recycling facility
in Muscle Shoals, Alabama which contains two affected sources, the
Alabama Reclamation Operations and the Alloys Cast House. The alleged
violations include non-compliance with the testing, operational,
monitoring, and record keeping requirements of the Secondary Aluminum
MACT.
The Alabama Department of Environmental Management (``ADEM'') has
filed a complaint in intervention against Wise Alloys, regarding
similar claims under Alabama law, and has joined in the settlement set
forth in the proposed Consent Decree.
The United States and ADEM have agreed to resolve their respective
claims against Wise Alloys under the proposed Consent Decree wherein
Wise Alloys has agreed to perform injunctive relief as set forth in the
Decree (Section VI. Compliance Requirements). Wise Alloys has also
agreed to pay, within thirty days of Consent Decree entry, a civil
penalty of $133,5000 to the United States, and $133,500 to ADEM for a
total civil penalty payment of $267,000.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to 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, D.C. 20044-7611, and should refer to
United States of America, et al. v. Wise Alloys, LLC, Civil Action No.
CV-10-TMP-1811-NW, DOJ 90-5-2-1-09058.
The Consent Decree may be examined at U.S. EPA Region 4, 61 Forsyth
Street, SE., Atlanta, GA, 30303, ATTN: Ellen Rouch. During the public
comment period, the Consent Decree may also be examined on the
following Department of Justice Web site, to http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Consent Decree may also 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 $10.75 (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 M. Katz,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2010-18066 Filed 7-21-10; 8:45 am]
BILLING CODE 4410-15-P