Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

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Published

June 28, 2023

Issuing agencies

Justice Department

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<title>Federal Register, Volume 88 Issue 123 (Wednesday, June 28, 2023)</title>
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[Federal Register Volume 88, Number 123 (Wednesday, June 28, 2023)]
[Notices]
[Page 41983]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13779]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean 
Water Act

    On June 22, 2023, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Northern 
District of West Virginia in the lawsuit entitled United States and 
West Virginia v. Messer LLC, Civil Action No. 5:23-cv-0023-JPB.
    The United States and State of West Virginia filed this lawsuit 
under the Clean Water Act. The complaint seeks injunctive relief and 
civil penalties against Defendant Messer LLC for National Pollutant 
Discharge Elimination System permit numeric effluent limit violations 
with respect to wastewater discharges from Messer's industrial gas 
manufacturing plant in New Cumberland, West Virginia. The consent 
decree requires the defendant to perform injunctive relief, including, 
but not limited to, the operation of a newly installed copper treatment 
system by certain deadlines, the implementation of a tiered effluent 
limit response plan, as well as revision and routine performance of 
stormwater best management practice measures. The consent decree also 
requires the defendant to pay a $1.9 million civil penalty.
    The publication of this notice opens a period for public comment on 
the consent decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States and West Virginia v. Messer LLC, D.J. 
Ref. No. 90-5-1-1-12590. 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:

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         To submit comments:                     Send them to:
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By email............................  <a href="/cdn-cgi/l/email-protection#82f2f7e0e1edefefe7ecf6afe7e7f1ace7ecf0e6c2f7f1e6ede8ace5edf4"><span class="__cf_email__" data-cfemail="22525740414d4f4f474c560f4747510c474c5046625751464d480c454d54">[email&#160;protected]</span></a>.
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 consent decree may be 
examined and downloaded at this Justice Department website: <a href="http://www.justice.gov/enrd/consent-decrees">http://www.justice.gov/enrd/consent-decrees</a>. We will provide a paper copy of 
the 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 $13.25 (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. 2023-13779 Filed 6-27-23; 8:45 am]
BILLING CODE P


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