Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act, the Resource Conservation and Recovery Act, and the Clean Water Act, 44598 [2013-17735]

Download as PDF 44598 Federal Register / Vol. 78, No. 142 / Wednesday, July 24, 2013 / Notices Summary: Sections 506 and 511 of Public Law 95–87 provide that persons seeking permit revisions; renewals; or transfer, assignment, or sale of their permit rights for coal mining activities submit relevant information to the regulatory authority to allow the regulatory authority to determine whether the applicant meets the requirements for the action anticipated. Bureau Form Number: None. Frequency of Collection: Once. Description of Respondents: Surface coal mining permit applicants and State regulatory authorities. Total Annual Responses: 3,510 responses from permit applicants and 3,343 responses from State regulatory authorities. Total Annual Burden Hours: 242,179. Total Annual Non-wage Costs: $902,920. Dated: July 18, 2013. Andrew F. DeVito, Chief, Division of Regulatory Support. [FR Doc. 2013–17829 Filed 7–23–13; 8:45 am] BILLING CODE 4310–05–P DEPARTMENT OF JUSTICE sroberts on DSK5SPTVN1PROD with NOTICES Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act, the Resource Conservation and Recovery Act, and the Clean Water Act On July 18, 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 v. Chemetco, Inc., Civil Action Nos. 00–670 and 00–677. The United States and the State of Illinois (the ‘‘State’’) are plaintiffs in that consolidated environmental enforcement action concerning the Chemetco Superfund Site in Hartford, Illinois (the ‘‘Chemetco Site’’ or the ‘‘Site’’). The United States and the State also are co-signatories to the proposed Consent Decree with the Chapter 7 Bankruptcy Estate of Chemetco, Inc. (the ‘‘Estate’’), as represented by the Chapter 7 Trustee for the Estate, and Paradigm Minerals and Environmental Services LLC (‘‘Paradigm’’). The proposed Consent Decree would regulate the sale and reprocessing of slag and other metal-bearing materials at the Chemetco Site under an Asset Purchase and Processing Agreement between the Estate and Paradigm (the ‘‘Processing Agreement’’). Work under that Processing Agreement—which was approved by a set of Bankruptcy Court VerDate Mar<15>2010 17:37 Jul 23, 2013 Jkt 229001 Orders—would decrease the volume of material that needs to be contained or remediated as a waste, thereby reducing the potential cost of any final remedy for the Chemetco Site under the Comprehensive Environmental Response, Compensation, and Liability Act. The Processing Agreement also requires that a fixed portion of the revenue from the reprocessing operation be deposited in a specially-established environmental escrow account and used for remediation of the Site. The Consent Decree would require that the work at the Site by Paradigm and the Estate conform to a detailed set of EPAapproved work plans appended to the Decree. The Decree also requires Paradigm to post financial assurance as backing for its commitment to assure the clean closure of the reprocessing area after its work is completed. All EPA costs of overseeing the sale and reprocessing activities would be reimbursed under the settlement. In addition, the proposed Consent Decree would resolve claims against the Estate under the Resource Conservation and Recovery Act (‘‘RCRA’’) and the Clean Water Act in exchange for: (i) $471,000 to be transferred from a RCRA Financial Assurance Trust Fund established by Chemetco to a Superfund Special Account that can be used to fund cleanup work at the Site; (ii) a $500,000 allowed claim for civil penalties against the Estate; and (iii) conditions limiting the sale of a parking lot area that was created by filling a portion of a wetland with slag. 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. Chemetco, Inc., D.J. Ref. No. 90–5–1–1–4516. 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: To submit comments: Send them to: By email ......... pubcommentees.enrd@usdoj.gov. Assistant Attorney General U.S. DOJ–ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ........... The United States also intends to hold a public meeting on the proposed Consent Decree pursuant to section 7003(d) of RCRA. The meeting will be held at 6:30 p.m. on August 6, 2013, at the Hartford Community Center, located PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 at 715 N. Delmar Avenue in Hartford, Illinois. During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department Web site: https:// 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 $147.25 (25 cents per page reproduction cost) payable to the United States Treasury. For a paper copy without the exhibits, the cost is $28.50. Maureen Katz, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2013–17735 Filed 7–23–13; 8:45 am] BILLING CODE 4410–15–P 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 coplaintiffs in this action. The State of Illinois asserts claims in this action relating to the Gateway Facility under the Illinois Environmental Protection E:\FR\FM\24JYN1.SGM 24JYN1

Agencies

Department of Justice

[Federal Register Volume 78, Number 142 (Wednesday, July 24, 2013)]
[Notices]
[Page 44598]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17735]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the 
Comprehensive Environmental Response, Compensation, and Liability Act, 
the Resource Conservation and Recovery Act, and the Clean Water Act

    On July 18, 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 v. Chemetco, 
Inc., Civil Action Nos. 00-670 and 00-677. The United States and the 
State of Illinois (the ``State'') are plaintiffs in that consolidated 
environmental enforcement action concerning the Chemetco Superfund Site 
in Hartford, Illinois (the ``Chemetco Site'' or the ``Site''). The 
United States and the State also are co-signatories to the proposed 
Consent Decree with the Chapter 7 Bankruptcy Estate of Chemetco, Inc. 
(the ``Estate''), as represented by the Chapter 7 Trustee for the 
Estate, and Paradigm Minerals and Environmental Services LLC 
(``Paradigm'').
    The proposed Consent Decree would regulate the sale and 
reprocessing of slag and other metal-bearing materials at the Chemetco 
Site under an Asset Purchase and Processing Agreement between the 
Estate and Paradigm (the ``Processing Agreement''). Work under that 
Processing Agreement--which was approved by a set of Bankruptcy Court 
Orders--would decrease the volume of material that needs to be 
contained or remediated as a waste, thereby reducing the potential cost 
of any final remedy for the Chemetco Site under the Comprehensive 
Environmental Response, Compensation, and Liability Act. The Processing 
Agreement also requires that a fixed portion of the revenue from the 
reprocessing operation be deposited in a specially-established 
environmental escrow account and used for remediation of the Site. The 
Consent Decree would require that the work at the Site by Paradigm and 
the Estate conform to a detailed set of EPA-approved work plans 
appended to the Decree. The Decree also requires Paradigm to post 
financial assurance as backing for its commitment to assure the clean 
closure of the reprocessing area after its work is completed. All EPA 
costs of overseeing the sale and reprocessing activities would be 
reimbursed under the settlement.
    In addition, the proposed Consent Decree would resolve claims 
against the Estate under the Resource Conservation and Recovery Act 
(``RCRA'') and the Clean Water Act in exchange for: (i) $471,000 to be 
transferred from a RCRA Financial Assurance Trust Fund established by 
Chemetco to a Superfund Special Account that can be used to fund 
cleanup work at the Site; (ii) a $500,000 allowed claim for civil 
penalties against the Estate; and (iii) conditions limiting the sale of 
a parking lot area that was created by filling a portion of a wetland 
with slag.
    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. Chemetco, Inc., D.J. Ref. No. 90-
5-1-1-4516. 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:

------------------------------------------------------------------------
          To submit comments:                     Send them to:
------------------------------------------------------------------------
By email...............................  pubcomment-ees.enrd@usdoj.gov.
By mail................................  Assistant Attorney General U.S.
                                          DOJ-ENRD, P.O. Box 7611,
                                          Washington, DC 20044-7611.
------------------------------------------------------------------------

    The United States also intends to hold a public meeting on the 
proposed Consent Decree pursuant to section 7003(d) of RCRA. The 
meeting will be held at 6:30 p.m. on August 6, 2013, at the Hartford 
Community Center, located at 715 N. Delmar Avenue in Hartford, 
Illinois.
    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department Web site: https://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 $147.25 (25 cents per 
page reproduction cost) payable to the United States Treasury. For a 
paper copy without the exhibits, the cost is $28.50.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2013-17735 Filed 7-23-13; 8:45 am]
BILLING CODE 4410-15-P

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