83 FR 6214 - Notice of Lodging of Proposed Second Amendment to Consent Decree Under the Clean Air Act

DEPARTMENT OF JUSTICE

Federal Register Volume 83, Issue 30 (February 13, 2018)

Page Range		6214-6215
FR Document		2018-02914
Federal Register, Volume 83 Issue 30 (Tuesday, February 13, 2018)
[Federal Register Volume 83, Number 30 (Tuesday, February 13, 2018)]
[Notices]
[Pages 6214-6215]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02914]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Second Amendment to Consent Decree 
Under the Clean Air Act

    On February 7, 2018, the Department of Justice lodged a proposed 
Second Amendment to Consent Decree (``Second Amendment'') 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, 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 sought civil penalties and 
injunctive relief against the owners and operators of the Gateway and 
Haverhill Facilities, the Haverhill Coke Company, LLC, SunCoke Energy, 
Inc., and the Gateway Energy & Coke Company, LLC. The States of 
Illinois and Ohio are co-plaintiffs in this action, and sought 
injunctive relief and civil penalties under corresponding state laws as 
to the Gateway Facility and Haverhill Facility, respectively.
    On November 10, 2014, the Court entered a Consent Decree that, 
inter alia, required (1) installation of heat recovery steam generators 
(``HRSGs'') to provide redundancy that will allow hot coking gases to 
be routed to a pollution control device instead of vented directly to 
the atmosphere in the event of equipment downtime, and (2) installation 
of continuous emissions monitors for sulfur dioxide at one bypass vent 
per process unit (two at the Haverhill Facility and one at the Gateway 
Facility).
    The Consent Decree allows Defendants 720 hours of ``tie-in'' time 
to complete installation of the Redundant HRSGs. Defendants have 
represented that installation and operation of the Redundant HRSGs have 
exacerbated corrosion-related issues at the spray dryer absorbers 
(``SDAs''); therefore, Defendants need to replate the SDAs to upgrade 
their metallurgy and to make them more corrosion-resistant, as well as 
assist in effective operation of the SDAs. To that end, the Second 
Amendment would allow Defendants to use tie-in hours to address the 
corrosion at the SDAs, while at the same time requiring Defendants to 
mitigate the excess emissions associated with the replating project.
    As to mitigation, the Second Amendment requires Defendants to: (1) 
Meet lower bypass venting emissions limits relating to sulfur dioxide 
at both the Gateway and Haverhill Facilities than were required by the 
Consent Decree, and seek to incorporate such lower limits into 
construction permit(s) and Title V operating permits; and (2) continue 
to operate the flue gas desulfurization units at the two facilities to 
over-control sulfur dioxide, particulate matter, lead, and, as to the 
Haverhill Facility, hydrochloric acid emissions from the main stacks 
by, among other things, injecting excess lime slurry into the SDAs. The 
proposed Second Amendment would also streamline reporting obligations 
under the Consent Decree, and add reporting requirements relating to 
mitigation of excess emissions resulting from the SDA replating 
project.
    The publication of this notice opens a period for public comment on 
the Second Amendment. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States et al. v. Gateway Energy & Coke Company, 
et al., D.J. Ref. No. 90-5-2-1-10065. 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:

[[Page 6215]]



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         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.
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    During the public comment period, the Second Amendment 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 Second Amendment 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 $4.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-02914 Filed 2-12-18; 8:45 am]
 BILLING CODE 4410-15-P
6214 Federal Register / Vol. 83, No. 30 / Tuesday, February 13, 2018 / Notices

On June 8, 2017, PacBio filed a grounds described in the concurrently- required (1) installation of heat recovery
motion for summary determination that issued opinion, the Markman Order’s steam generators (‘‘HRSGs’’) to provide
the domestic industry requirement is construction of the ‘‘single-molecule redundancy that will allow hot coking
satisfied. On June 9, 2017, Oxford filed sequencing’’ limitations. The gases to be routed to a pollution control
a motion for summary determination of Commission has also determined to device instead of vented directly to the
(1) noninfringement as to all accused affirm the ID’s finding of atmosphere in the event of equipment
products because they do not satisfy the noninfringement of claims 1, 5–7, 10, downtime, and (2) installation of
‘‘single-molecule sequencing’’ 14, 16–21, and 23–25 of the ’146 patent continuous emissions monitors for
limitations; (2) noninfringement as to a and asserted claims 1 and 3–11 of the sulfur dioxide at one bypass vent per
subset of the accused products (directed ’527 patent and the ID’s finding of no process unit (two at the Haverhill
solely to Oxford’s 1D or 1D2 sequencing violation of section 337. The Facility and one at the Gateway
processes) because they do not satisfy Commission denies PacBio’s request for Facility).
the ‘‘linker’’ limitations; and (3) oral argument.
noninfringement as to a subset of the The Consent Decree allows
The authority for the Commission’s
accused products (not directed solely to Defendants 720 hours of ‘‘tie-in’’ time to
determination is contained in section
Oxford’s 1D or 1D2 sequencing complete installation of the Redundant
337 of the Tariff Act of 1930, as
processes) because they are capable of HRSGs. Defendants have represented
amended (19 U.S.C. 1337), and in part
substantial noninfringing uses. that installation and operation of the
210 of the Commission’s Rules of
On July 19, 2017, the ALJ issued an Practice and Procedure (19 CFR part Redundant HRSGs have exacerbated
ID (Order No. 12), granting in part 210). corrosion-related issues at the spray
Oxford’s summary determination dryer absorbers (‘‘SDAs’’); therefore,
By order of the Commission. Defendants need to replate the SDAs to
motion. Specifically, the ID
incorporated the Markman Order by Issued: February 7, 2018. upgrade their metallurgy and to make
reference and found no infringement of Lisa R. Barton, them more corrosion-resistant, as well
claims 1, 5–7, 10, 14, 16–21, and 23–25 Secretary to the Commission. as assist in effective operation of the
of the ’146 patent and claims 1 and 3– [FR Doc. 2018–02854 Filed 2–12–18; 8:45 am] SDAs. To that end, the Second
11 of the ’527 patent based on the BILLING CODE 7020–02–P
Amendment would allow Defendants to
Markman Order’s construction of the use tie-in hours to address the corrosion
‘‘single-molecule sequencing’’ at the SDAs, while at the same time
limitations. The ID denied as moot requiring Defendants to mitigate the
DEPARTMENT OF JUSTICE
Oxford’s second and third requests for excess emissions associated with the
summary determination of Notice of Lodging of Proposed Second replating project.
noninfringement, as well as PacBio’s Amendment to Consent Decree Under As to mitigation, the Second
motion for summary determination on the Clean Air Act Amendment requires Defendants to: (1)
the economic prong of the domestic Meet lower bypass venting emissions
industry requirement. The ID found no On February 7, 2018, the Department
limits relating to sulfur dioxide at both
violation of section 337. of Justice lodged a proposed Second
the Gateway and Haverhill Facilities
On July 31, 2017, PacBio filed a Amendment to Consent Decree
than were required by the Consent
petition for review of the Markman (‘‘Second Amendment’’) with the
Decree, and seek to incorporate such
Order’s construction of ‘‘single- United States District Court for the
lower limits into construction permit(s)
molecule sequencing’’ and the ID’s Southern District of Illinois in the
and Title V operating permits; and (2)
finding of noninfringement. On August lawsuit entitled United States, et al. v.
continue to operate the flue gas
7, 2017, Oxford and OUII filed Gateway Energy & Coke Company, et al.,
desulfurization units at the two facilities
responses to PacBio’s petition. On Civil Action No. 3:13–cv–00616–DRH–
to over-control sulfur dioxide,
August 16, 2017, PacBio filed a motion SCW.
The United States, on behalf of the particulate matter, lead, and, as to the
for leave to file a reply in support of its Haverhill Facility, hydrochloric acid
petition for review. On August 28, 2017, U.S. Environmental Protection Agency,
filed a complaint under the Clean Air emissions from the main stacks by,
Oxford filed an opposition to PacBio’s among other things, injecting excess
motion. Act asserting claims relating to two
Midwestern heat recovery coking lime slurry into the SDAs. The proposed
On September 5, 2017, the
facilities, one of which is located in Second Amendment would also
Commission determined to review the
Granite City, Illinois (the ‘‘Gateway streamline reporting obligations under
ID in its entirety and to deny PacBio’s
Facility’’), and the other of which is the Consent Decree, and add reporting
motion for leave to file a reply. Notice
located in Franklin Furnace, Ohio (the requirements relating to mitigation of
(Sept. 5, 2017). The Commission also
‘‘Haverhill Facility’’). The United States excess emissions resulting from the SDA
requested additional briefing from the
sought civil penalties and injunctive replating project.
parties on certain issues.
On September 15, 2017, Oxford and relief against the owners and operators The publication of this notice opens
OUII filed initial written submissions of the Gateway and Haverhill Facilities, a period for public comment on the
addressing the Commission’s questions. the Haverhill Coke Company, LLC, Second Amendment. Comments should
On September 18, 2017, PacBio filed its SunCoke Energy, Inc., and the Gateway be addressed to the Assistant Attorney
initial written submission. On Energy & Coke Company, LLC. The General, Environment and Natural
Resources Division, and should refer to
sradovich on DSK3GMQ082PROD with NOTICES

September 22, 2017, Oxford and OUII States of Illinois and Ohio are co-
filed response briefs. On September 22, plaintiffs in this action, and sought United States et al. v. Gateway Energy
2017, and September 29, 2017, PacBio injunctive relief and civil penalties & Coke Company, et al., D.J. Ref. No.
filed its response briefs. under corresponding state laws as to the 90–5–2–1–10065. All comments must be
Having examined the record of this Gateway Facility and Haverhill Facility, submitted no later than thirty (30) days
investigation, including the ID and the respectively. after the publication date of this notice.
parties’ submissions, the Commission On November 10, 2014, the Court Comments may be submitted either by
has determined to adopt, on modified entered a Consent Decree that, inter alia, email or by mail:

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Federal Register / Vol. 83, No. 30 / Tuesday, February 13, 2018 / Notices 6215

To submit 202–598–9412). Written comments and/ phones, tobacco products, and
Send them to:
comments: or suggestions can also be sent to the makeshift weapons can be used by
Office of Management and Budget, inmates to spread violence, engage in
By email ....... pubcomment-ees.enrd@ Office of Information and Regulatory criminal activity, create underground
usdoj.gov Affairs, Attention Department of Justice economies, and perpetuate existing
By mail ......... Assistant Attorney General,
Desk Officer, Washington, DC 20503 or addictions. Contraband in correctional
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC sent to OIRA_submissions@ facilities is therefore a cause of serious
20044–7611. omb.eop.gov. concern for the safety and security of
SUPPLEMENTARY INFORMATION: Written inmates and correctional staff. However,
During the public comment period, comments and suggestions from the little is known about what types of
the Second Amendment may be public and affected agencies concerning contraband interdiction modalities are
examined and downloaded at this the proposed collection of information exercised across jurisdictions and have
Justice Department website: https:// are encouraged. Your comments should proven successful, let alone how much
www.justice.gov/enrd/consent-decrees. address one or more of the following and what type of contraband is found in
We will provide a paper copy of the four points: correctional facilities in the U.S. and
Second Amendment upon written —Evaluate whether the proposed how it is brought in.
request and payment of reproduction collection of information is necessary 5. An estimate of the total number of
costs. Please mail your request and for the proper performance of the respondents and the amount of time
payment to: Consent Decree Library, functions of the National Institute of estimated for an average respondent to
U.S. DOJ—ENRD, P.O. Box 7611, Justice, including whether the respond: The estimated range of burden
Washington, DC 20044–7611. information will have practical utility; for respondents completing the survey
Please enclose a check or money order —Evaluate the accuracy of the agency’s is 60 minutes. The department of
for $4.75 (25 cents per page estimate of the burden of the corrections in all 50 states, responding
reproduction cost) payable to the United proposed collection of information, for 1,821 prison facilities, and a
States Treasury. including the validity of the nationally representative sample of jails
methodology and assumptions used; (n = 408) will be recruited to complete
Jeffrey Sands,
—Evaluate whether and if so how the the survey.
Assistant Section Chief, Environmental quality, utility, and clarity of the 6. An estimate of the total public
Enforcement Section, Environment and
information to be collected can be burden (in hours) associated with the
Natural Resources Division.
enhanced; and collection: The estimated public burden
[FR Doc. 2018–02914 Filed 2–12–18; 8:45 am]
—Minimize the burden of the collection associated with this collection is 2,221
BILLING CODE 4410–15–P of information on those who are to hours. It is estimated that 1,821 state
respond, including through the use of participants and 408 jail participants
appropriate automated, electronic, will take one hour to complete the
DEPARTMENT OF JUSTICE mechanical, or other technological survey.
National Institute of Justice collection techniques or other forms If additional information is required
of information technology, e.g., contact: Melody Braswell, Department
[OMB Number 1121–New] permitting electronic submission of Clearance Officer, United States
responses. Department of Justice, Justice
Agency Information Collection
Overview of This Information Management Division, Policy and
Activities; Proposed eCollection
Collection Planning Staff, Two Constitution
eComments Requested; New
Square, 145 N Street NE, 3E.405A,
Collection 1. Type of Information Collection: Washington, DC 20530.
AGENCY: Office of Justice Programs, New Collection.
2. The Title of the Form/Collection: Dated: February 8, 2018.
Department of Justice. Melody Braswell,
National Survey on Correctional
ACTION: 30 Day notice. Contraband (NCSS). Department Clearance Officer for PRA, U.S.
SUMMARY: The Department of Justice, 3. The agency form number, if any, Department of Justice.
National Institute of Justice, is and the applicable component of the [FR Doc. 2018–02919 Filed 2–12–18; 8:45 am]
submitting the following information Department sponsoring the collection: BILLING CODE 4410–18–P

collection request to the Office of ‘‘There is no agency form number for
this collection.’’ The applicable
Management and Budget (OMB) for
component within the Department of
review and approval in accordance with NATIONAL CREDIT UNION
Justice is the Office of Justice Programs,
the Paperwork Reduction Act of 1995. ADMINISTRATION
National Institute of Justice.
DATES: The Department of Justice 4. Affected public who will be asked
encourages public comment and will Submission for OMB Review;
or required to respond, as well as a brief Comment Request
accept input until March 15, 2018. abstract: The current project aims to
FOR FURTHER INFORMATION CONTACT: If develop national statistics on AGENCY: National Credit Union
you have additional comments correctional contraband and interdiction Administration (NCUA).
especially on the estimated public modalities to fill these significant ACTION: Notice.
burden or associated response time,
sradovich on DSK3GMQ082PROD with NOTICES

knowledge gaps in the field. NIJ, in
suggestions, or need a copy of the collaboration with the Urban Institute, SUMMARY: The National Credit Union
proposed information collection will collect the data from the Administration (NCUA) will be
instrument with instructions or department of corrections in all 50 submitting the following information
additional information, please contact states and a nationally representative collection request to the Office of
Jack Harne, Physical Scientist, National sample of jails (n = 408). Management and Budget (OMB) for
Institute of Justice, 810 Seventh Street In correctional facilities, contraband review and clearance in accordance
NW, Washington, DC 20531 (phone items such as drugs, alcohol, cell with the Paperwork Reduction Act of

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Document Created: 2018-02-13 02:32:16
Document Modified: 2018-02-13 02:32:16
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		83 FR 6214