[Federal Register Volume 75, Number 82 (Thursday, April 29, 2010)]
[Notices]
[Pages 22626-22627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9891]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree With Big River Zinc 
Corporation Providing for Civil Penalties and Injunctive Relief Under 
the Clean Air Act

    Notice is hereby given that on April 15, 2009, a proposed Consent 
Decree with Big River Zinc Corporation (``BRZ'') providing for civil 
penalties and injunctive Relief under the Clean Air Act in United 
States v. Big River Zinc Corp., Civil Action No. 3:10-cv-00276-DRH-CJP 
was lodged with the United States District Court for the Southern 
District of Illinois.
    In this action the United States sought injunctive relief and 
assessment of civil penalties for violation of the New Source 
Performance Standards (``NSPS'') of the Clean Air Act, 42 U.S.C. 7411, 
and the NSPS regulations codified at 40 CFR part 60, at a plant in 
Sauget, Illinois, which is owned and operated by BRZ. The Decree, which 
was lodged simultaneously with the filing of the complaint, resolves 
claims arising out of BRZ's replacement of two roasting units. BRZ has 
not operated its roasters since early 2006. Under the proposed Decree, 
BRZ may not restart either of its roasters for the purpose of resuming 
zinc roasting operations until it installs a scrubber system that is 
designed to meet applicable control limits with which BRZ must comply 
after resuming zinc roasting operations. In the event that BRZ does not 
resume zinc roasting operations within five years of entry of the 
Consent Decree, it must permanently shut down its zinc roasting 
operations and surrender all related pollution credits. The proposed 
Decree will also require BRZ to pay a civil penalty of $250,000.
    The Department of Justice will receive comments relating to the 
proposed Consent Decrees for a period of thirty (30) days from the date 
of this publication. 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, should 
refer to United States v. Big River Zinc Corp., D.J. Ref. 90-5-2-1-
08230.

[[Page 22627]]

    The Decree may be examined at the Office of the United States 
Attorney for the Southern District of Illinois, Nine Executive Drive, 
Fairview Heights, Illinois, 62208-1344, and at U.S. EPA Region 5, 77 
West Jackson Boulevard, Chicago, Illinois 60604. During the public 
comment period, the 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 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 $13 (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 Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2010-9891 Filed 4-28-10; 8:45 am]
BILLING CODE 4410-15-P