Notice of Lodging of Proposed First Amendment to Consent Decree Under the Clean Air Act, 22070 [2023-07642]
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22070
Federal Register / Vol. 88, No. 70 / Wednesday, April 12, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
the Commission determined that it
would conduct expedited reviews
pursuant to section 751(c)(3) of the
Tariff Act of 1930 (19 U.S.C. 1675(c)(3)).
For further information concerning
the conduct of these reviews and rules
of general application, consult the
Commission’s Rules of Practice and
Procedure, part 201, subparts A and B
(19 CFR part 201), and part 207,
subparts A, D, E, and F (19 CFR part
207).
Staff report.—A staff report
containing information concerning the
subject matter of the reviews has been
placed in the nonpublic record, and will
be made available to persons on the
Administrative Protective Order service
list for these reviews on June 27, 2023.
A public version will be issued
thereafter, pursuant to § 207.62(d)(4) of
the Commission’s rules.
Written submissions.—As provided in
§ 207.62(d) of the Commission’s rules,
interested parties that are parties to the
reviews and that have provided
individually adequate responses to the
notice of institution,2 and any party
other than an interested party to the
reviews may file written comments with
the Secretary on what determination the
Commission should reach in the
reviews. Comments are due on or before
July 5, 2023 and may not contain new
factual information. Any person that is
neither a party to the five-year reviews
nor an interested party may submit a
brief written statement (which shall not
contain any new factual information)
pertinent to the reviews by July 5, 2023.
If comments contain business
proprietary information (BPI), they must
conform with the requirements of
§§ 201.6, 207.3, and 207.7 of the
Commission’s rules. The Commission’s
Handbook on Filing Procedures,
available on the Commission’s website
at https://www.usitc.gov/documents/
handbook_on_filing_procedures.pdf,
elaborates upon the Commission’s
procedures with respect to filings.
In accordance with §§ 201.16(c) and
207.3 of the rules, each document filed
by a party to these reviews must be
served on all other parties to these
reviews (as identified by either the
public or BPI service list), and a
certificate of service must be timely
filed. The Secretary will not accept a
available from the Office of the Secretary and at the
Commission’s website.
2 The Commission has found the responses
submitted on behalf of Charter Steel, Commercial
Metals Company, Liberty Steel USA, Nucor
Corporation, and Optimus Steel, LLC to be
individually adequate. Comments from other
interested parties will not be accepted (see 19 CFR
207.62(d)(2)).
VerDate Sep<11>2014
19:25 Apr 11, 2023
Jkt 259001
document for filing without a certificate
of service.
Determinations.—The Commission
has determined these reviews are
extraordinarily complicated and
therefore has determined to exercise its
authority to extend the review period by
up to 90 days pursuant to 19 U.S.C.
1675(c)(5)(B).
Authority: These reviews are being
conducted under authority of title VII of the
Tariff Act of 1930; this notice is published
pursuant to § 207.62 of the Commission’s
rules.
Issued: April 6, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023–07629 Filed 4–11–23; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed First
Amendment to Consent Decree Under
the Clean Air Act
On April 6, 2023, the Department of
Justice lodged a proposed First
Amendment to Consent Decree with the
United States District Court for the
Northern District of Indiana in the
lawsuit entitled United States v. City of
Gary, Indiana, Civil Action No. 20–cv–
386.
The Complaint in the United States’
lawsuit sought civil penalties and
injunctive relief for alleged violations of
the Clean Air Act (‘‘CAA’’) relating to a
closed landfill owned and operated by
the City of Gary, Indiana (‘‘Gary’’ or
‘‘City’’). The Complaint alleged that
Gary: (1) violated its permit and the
CAA by failing to install a compliant gas
collection and control system; (2) failed
to properly operate its current system;
(3) violated the landfill’s surface
methane standard; (4) failed to monitor
proper operation of its flares; and (5)
failed to demonstrate compliance with
its gas collection wellhead standards.
A Consent Decree resolving the claims
in the Complaint was entered by the
Court on January 5, 2021. Under the
Consent Decree, Gary is required to take
a number of measures to come into
compliance with the CAA. Gary must
undertake a suite of improvements to
Gary’s gas collection and control
system, including replacement of the
existing flare and system upgrades to
actively collect, rather than passively
vent, landfill gas. Gary is also required
to carry out enhanced monitoring and
maintenance requirements and follow
certain standard operating procedures,
attached to the Consent Decree as
appendices.
PO 00000
Frm 00110
Fmt 4703
Sfmt 9990
In August 2022, Gary formally made
a request to amend the Consent Decree
and extend the GCCS deadline, citing
unforeseen design changes, delays in
receiving permit approvals, supply
chain issues, and unavoidable delays in
the bid process for the project. The
proposed First Amendment to Consent
Decree extends the deadline for Gary to
complete its GCCS improvements from
October 27, 2022, to October 27, 2023.
In the interim, the Amendment requires
Gary to more frequently monitor surface
methane and implement corrective
action if methane concentrations reach
a trigger level; improve record-keeping
for cover integrity repairs; and
investigate and propose an additional
corrective action for a portion of the
landfill experiencing high methane
readings.
The publication of this notice opens
a period for public comment on the First
Amendment to Consent Decree.
Comments should be addressed to the
Assistant Attorney General,
Environment and Natural Resources
Division, and should refer to United
States v. City of Gary, Indiana, D.J. Ref.
No. 90–5–2–1–11714. 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.
Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC
20044–7611.
By mail .........
During the public comment period,
the First Amendment to Consent Decree
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
First Amendment to 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 $2.50 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Patricia McKenna,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2023–07642 Filed 4–11–23; 8:45 am]
BILLING CODE 4410–15–P
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[Federal Register Volume 88, Number 70 (Wednesday, April 12, 2023)]
[Notices]
[Page 22070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07642]
=======================================================================
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed First Amendment to Consent Decree
Under the Clean Air Act
On April 6, 2023, the Department of Justice lodged a proposed First
Amendment to Consent Decree with the United States District Court for
the Northern District of Indiana in the lawsuit entitled United States
v. City of Gary, Indiana, Civil Action No. 20-cv-386.
The Complaint in the United States' lawsuit sought civil penalties
and injunctive relief for alleged violations of the Clean Air Act
(``CAA'') relating to a closed landfill owned and operated by the City
of Gary, Indiana (``Gary'' or ``City''). The Complaint alleged that
Gary: (1) violated its permit and the CAA by failing to install a
compliant gas collection and control system; (2) failed to properly
operate its current system; (3) violated the landfill's surface methane
standard; (4) failed to monitor proper operation of its flares; and (5)
failed to demonstrate compliance with its gas collection wellhead
standards.
A Consent Decree resolving the claims in the Complaint was entered
by the Court on January 5, 2021. Under the Consent Decree, Gary is
required to take a number of measures to come into compliance with the
CAA. Gary must undertake a suite of improvements to Gary's gas
collection and control system, including replacement of the existing
flare and system upgrades to actively collect, rather than passively
vent, landfill gas. Gary is also required to carry out enhanced
monitoring and maintenance requirements and follow certain standard
operating procedures, attached to the Consent Decree as appendices.
In August 2022, Gary formally made a request to amend the Consent
Decree and extend the GCCS deadline, citing unforeseen design changes,
delays in receiving permit approvals, supply chain issues, and
unavoidable delays in the bid process for the project. The proposed
First Amendment to Consent Decree extends the deadline for Gary to
complete its GCCS improvements from October 27, 2022, to October 27,
2023. In the interim, the Amendment requires Gary to more frequently
monitor surface methane and implement corrective action if methane
concentrations reach a trigger level; improve record-keeping for cover
integrity repairs; and investigate and propose an additional corrective
action for a portion of the landfill experiencing high methane
readings.
The publication of this notice opens a period for public comment on
the First Amendment to Consent Decree. Comments should be addressed to
the Assistant Attorney General, Environment and Natural Resources
Division, and should refer to United States v. City of Gary, Indiana,
D.J. Ref. No. 90-5-2-1-11714. 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............................ [email protected].
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
------------------------------------------------------------------------
During the public comment period, the First Amendment to Consent
Decree 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 First Amendment to 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 $2.50 (25 cents per page
reproduction cost) payable to the United States Treasury.
Patricia McKenna,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2023-07642 Filed 4-11-23; 8:45 am]
BILLING CODE 4410-15-P
