[Federal Register Volume 75, Number 199 (Friday, October 15, 2010)]
[Notices]
[Page 63506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25930]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Clean Air Act; the
Clean Water Act; the Resource Conservation and Recovery Act; the
Emergency Planning and Community Right-To-Know Act; and the
Comprehensive Environmental Response, Compensation, and Liability Act
Notice is hereby given that on October 8, 2010, a proposed Consent
Decree in United States and State of Missouri v. The Doe Run Resources
Corporation, et al., Civil Action 4:10-cv-1895 was lodged with the
United States District Court for the Eastern District of Missouri.
In this action the United States and the State of Missouri sought
civil penalties and injunctive relief for environmental violations of
the Clean Air Act, 42 U.S.C. 7401-7671q; the Missouri Air Conservation
Law, Chapter 643, RSMo; the Resource Conservation and Recovery Act, 42
U.S.C. 6901-6992k; the Missouri Hazardous Waste Management Law,
Sec. Sec. 260.350-260.434, RSMo; the Clean Water Act, 33 U.S.C. 1251-
1387; the Missouri Clean Water Law, Chapter 644, RSMo; the Emergency
Planning and Community Right-to-Know Act, 42 U.S.C. 11001-11050; and
the Comprehensive Environmental Response, Compensation, and Liability
Act, 42 U.S.C. 9601-9603 at several of the mining, milling, and
smelting facilities located in Missouri owned and operated by The Doe
Run Resources Corporation, The Doe Run Resources Corporation d/b/a
``The Doe Run Company'', and The Buick Resource Recycling Facility, LLC
(``Defendants''). To resolve the United States' and State's claims the
Defendants will pay a civil penalty of $7 million. The penalty will be
paid in a $3.5 million payment to the United States and a $1.5 million
payment to the state of Missouri, with an additional $1 million plus
interest to be paid to the state each year for the next two years. The
settlement also requires Doe Run to establish financial assurance trust
funds for the cleanup of the following active or former mining and
milling facilities: Brushy Creek, Buick, Fletcher, Sweetwater,
Viburnum, and West Fork. Doe Run will also take steps to address RCRA
violations at certain facilities; finalize and come into compliance
with more stringent Clean Water Act permits at 10 of its facilities,
including Herculaneum, Glover, Brushy Creek, Buick Mill, Fletcher,
Sweetwater, Viburnum, West Fork, Mine 35 (Casteel), and Buick
Resource Recycling; and will spend an estimated $5.8 million on stream
mitigation activities along 8.5 miles of Bee Fork Creek, an impaired
waterway near Doe Run's Fletcher mine and mill facility. At four
facilities, Buick Mine, Brushy Creek, Fletcher, and Sweetwater, Doe Run
will also enclose the lead concentrate handling, loading, and storage
areas under negative pressure with emissions routed to a baghouse. The
company will also spend $2 million on community mitigation projects
over the next four years.
In addition, instead of installing pollution control technologies
needed to reduce sulfur dioxide and lead emissions as required by the
Clean Air Act, Doe Run has made a business decision to shut down its
lead smelter in Herculaneum, Mo., by Dec. 31, 2013. The company will
also provide an initial $8.14 million in financial assurance to
guarantee cleanup work at the Herculaneum facility.
The Department of Justice will receive for a period of 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, DC 20044-7611, and should refer to
United States, et al. v. The Doe Run Resources Corporation, et al.,
D.J. Ref. 90-5-2-1-07390/1. Commenters may request an opportunity for a
public meeting in the affected area, in accordance with Section 7003(d)
of the Resource Conservation and Recovery Act, 42 U.S.C. 6973.
The Consent Decree may be examined at the Office of the United
States Attorney, Eastern District of Missouri, Thomas F. Eagleton U.S.
Courthouse, 111 South 10th Street, Room 20.333, St. Louis, MO 63102
Tel.: (314) 539-2200 and at EPA Region 7, 901 N. 5th Street, Kansas
City, KS 66101, Tel: 1-800-223-0425.
During the public comment period, the Consent Decree, may also be
examined on the following Department of Justice Web site, 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 to cover the 25 cents per page
reproduction costs in the amount of $43.50 (for Decree without
appendices) or $113.25 (for Decree with appendices) 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 Katz,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2010-25930 Filed 10-14-10; 8:45 am]
BILLING CODE 4410-15-P