82 FR 22850 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act, Clean Air Act and Resource Conservation and Recovery Act

DEPARTMENT OF JUSTICE

Federal Register Volume 82, Issue 95 (May 18, 2017)

Page Range		22850-22850
FR Document		2017-10039

Federal Register, Volume 82 Issue 95 (Thursday, May 18, 2017)

[Federal Register Volume 82, Number 95 (Thursday, May 18, 2017)]
[Notices]
[Page 22850]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10039]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean 
Water Act, Clean Air Act and Resource Conservation and Recovery Act

    On May 12, 2017, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the District 
of Puerto Rico in the lawsuit entitled United States v. Homeca 
Recycling Center Co., Inc., Civil No.: 17-1618. The United States filed 
this lawsuit under the Clean Air Act, the Clean Water Act and the 
Resource Conservation and Recovery Act.
    Homeca Recycling Center Co., Inc. (``Homeca'') operates three scrap 
metal recycling facilities in Caguas, Playa Ponce, and Hormigueros, 
Puerto Rico. At these facilities it crushes vehicles and white goods 
for shipment to metal refineries. The complaint alleges that Homeca 
violated the above statutes by, among other things: (a) Allowing 
liquids from the vehicles to leak onto and contaminate the bare ground; 
(b) allowing these liquids to flow off-site and into United States 
waters during storm events; and (c) improperly managing motor vehicle 
air conditioner (``MVAC'') refrigerants. The complaint seeks civil 
penalties for these past violations.
    The proposed settlement requires Homeca to pay a $50,000 civil 
penalty and to establish and follow various practices that will ensure 
that it maintains compliance with the statutes and applicable 
regulations in the future. These include constructing bermed and 
covered concrete pads at its facilities, removing of all fluids from 
vehicles prior to crushing, implementing corrective action at its 
facilities, removing refrigerants from MVACs, and obtaining permit 
coverage under, and maintaining compliance with, a multi-sector general 
permit covering storm water discharges.
    The Consent Decree will resolve the claims of the United States for 
the violations alleged in the complaint through the date of lodging of 
the consent decree.
    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. Homeca Recycling Center Co., Inc., 
Civ. No. 17-1618, D.J. Ref. No. 90-7-1-10023. All comments must be 
submitted no later than 30 days after the publication date of this 
notice. Comments may be submitted either by email or by mail:

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         To submit comments:                     Send them to:
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By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    During the public comment period, the proposed consent decree may 
be examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the proposed 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 $7.00 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Robert E. Maher, Jr.,
Assistant Section Chief, Environment and Natural Resources Division, 
Environmental Enforcement Section.
[FR Doc. 2017-10039 Filed 5-17-17; 8:45 am]
BILLING CODE 4410-15-P

22850 Federal Register / Vol. 82, No. 95 / Thursday, May 18, 2017 / Notices

(6) An estimate of the total public maintaining compliance with, a multi- The Consent Decree resolves civil
burden (in hours) associated with the sector general permit covering storm penalty and injunctive relief claims
collection: The total annual hour burden water discharges. under Sections 113(b) and 167 of the
to complete the Certification is less than The Consent Decree will resolve the Clean Air Act against the Nevada
10 hours. claims of the United States for the Cement Company (‘‘NCC’’). The
If additional information is required violations alleged in the complaint settlement addresses six separate
contact: Melody Braswell, Deputy through the date of lodging of the violations of the Prevention of
Clearance Officer, United States consent decree. Significant Deterioration (PSD)
Department of Justice, Justice The publication of this notice opens provisions of the Act in which the
Management Division, Policy and a period for public comment on the Complaint alleges the company
Planning Staff, Two Constitution proposed consent decree. Comments upgraded five major parts of the cement
Square, 145 N Street NE., 3E, 405B, should be addressed to the Assistant plant and changed its manner of
Washington, DC 20530. Attorney General, Environment and operations, without installing any
Dated: May 17, 2017. Natural Resources Division, and should pollution controls.
Melody Braswell, refer to United States v. Homeca The proposed Decree, if approved by
Recycling Center Co., Inc., Civ. No. 17– the Court, would require NCC to achieve
Department Clearance Officer, PRA, U.S.
Department of Justice. 1618, D.J. Ref. No. 90–7–1–10023. All substantial reductions of nitrogen
comments must be submitted no later oxides (‘‘NOX’’), set a sulfur dioxide
[FR Doc. 2017–10043 Filed 5–17–17; 8:45 am]
than 30 days after the publication date limit and perform two mitigation
BILLING CODE 4410–FX–P
of this notice. Comments may be projects at its cement manufacturing
submitted either by email or by mail: plant located in Fernley, Nevada. To
DEPARTMENT OF JUSTICE reduce NOX emissions, the proposed
To submit Decree would require NCC to install a
Send them to: new stack on one kiln, modern
Notice of Lodging of Proposed comments:
Consent Decree Under the Clean Water pollution controls and monitoring on
Act, Clean Air Act and Resource By email ....... pubcomment-ees.enrd@ both kilns, optimize the operation of
Conservation and Recovery Act usdoj.gov. both kilns and set the final NOX
By mail ......... Assistant Attorney General, emission limit per kiln after extensive
On May 12, 2017, the Department of U.S. DOJ—ENRD, P.O. testing and optimized operations. The
Justice lodged a proposed consent Box 7611, Washington, DC
mitigation projects are to address prior
decree with the United States District 20044–7611.
NOX emissions and involve the change
Court for the District of Puerto Rico in out of older diesel engines.
the lawsuit entitled United States v. During the public comment period, NCC has also agreed to pay a civil
Homeca Recycling Center Co., Inc., Civil the proposed consent decree may be penalty of $550,000.
No.: 17–1618. The United States filed examined and downloaded at this The publication of this notice opens
this lawsuit under the Clean Air Act, the Justice Department Web site: https:// a period for public comment on the
Clean Water Act and the Resource www.justice.gov/enrd/consent-decrees. Consent Decree. Comments should be
Conservation and Recovery Act. We will provide a paper copy of the addressed to the Assistant Attorney
Homeca Recycling Center Co., Inc. proposed consent decree upon written General, Environment and Natural
(‘‘Homeca’’) operates three scrap metal request and payment of reproduction Resources Division, and should refer to
recycling facilities in Caguas, Playa costs. Please mail your request and United States v. Nevada Cement
Ponce, and Hormigueros, Puerto Rico. payment to: Consent Decree Library, Company, Inc., D.J. Ref. No. 90–5–2–1–
At these facilities it crushes vehicles U.S. DOJ—ENRD, P.O. Box 7611, 10458. All comments must be submitted
and white goods for shipment to metal Washington, DC 20044–7611. no later than thirty (30) days after the
refineries. The complaint alleges that Please enclose a check or money order publication date of this notice.
Homeca violated the above statutes by, for $7.00 (25 cents per page Comments may be submitted either by
among other things: (a) Allowing liquids reproduction cost) payable to the United email or by mail:
from the vehicles to leak onto and States Treasury.
contaminate the bare ground; (b) To submit Send them to:
Robert E. Maher, Jr., comments:
allowing these liquids to flow off-site
Assistant Section Chief, Environment and
and into United States waters during
Natural Resources Division, Environmental By email ....... pubcomment-ees.enrd@
storm events; and (c) improperly Enforcement Section. usdoj.gov.
managing motor vehicle air conditioner By mail ......... Assistant Attorney General,
[FR Doc. 2017–10039 Filed 5–17–17; 8:45 am]
(‘‘MVAC’’) refrigerants. The complaint U.S. DOJ—ENRD, P.O.
BILLING CODE 4410–15–P
seeks civil penalties for these past Box 7611, Washington, DC
violations. 20044–7611.
The proposed settlement requires
DEPARTMENT OF JUSTICE
Homeca to pay a $50,000 civil penalty During the public comment period,
and to establish and follow various Notice of Lodging of Proposed the Consent Decree may be examined
practices that will ensure that it Consent Decree Under the Clean Air and downloaded at this Justice
maintains compliance with the statutes Act Department Web site: https://
and applicable regulations in the future. www.justice.gov/enrd/consent-decrees.
jstallworth on DSK7TPTVN1PROD with NOTICES

These include constructing bermed and On May 12 2017, the Department of We will provide a paper copy of the
covered concrete pads at its facilities, Justice lodged a proposed Consent Consent Decree upon written request
removing of all fluids from vehicles Decree with the United States District and payment of reproduction costs.
prior to crushing, implementing Court for the District of Nevada in the Please mail your request and payment
corrective action at its facilities, lawsuit entitled United States v. Nevada to: Consent Decree Library, U.S. DOJ—
removing refrigerants from MVACs, and Cement Company, Inc., Civil Action No. ENRD, P.O. Box 7611, Washington, DC
obtaining permit coverage under, and 17–302. 20044–7611.

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Document Created: 2017-05-18 01:20:50
Document Modified: 2017-05-18 01:20:50

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		82 FR 22850