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

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Published

July 31, 2023

Issuing agencies

Justice Department

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[Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Notices]
[Pages 49495-49496]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16190]


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DEPARTMENT OF JUSTICE


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

    On July 25, 2023, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Southern 
District of Ohio in the lawsuit entitled United States v. Globe 
Metallurgical, Inc., Civil Action No. 2:23-cv-02368-MHW.
    The proposed Consent Decree resolves claims against Globe 
Metallurgical, Inc. (``Globe'') related to emissions of hazardous air 
pollutants from its ferroalloy production facility located in 
Waterford, Ohio. The Complaint filed in this matter seeks injunctive 
relief and civil penalties pursuant to sections 113(b) and 167 of the 
Clean Air Act (CAA), 42 U.S.C.

[[Page 49496]]

7413(b) and 7477, for violation of (1) the CAA's Prevention of 
Significant Deterioration of Air Quality (PSD) provisions; (2) the 
CAA's New Source Performance Standards (NSPS) provisions and the NSPS 
regulations for ferroalloy production facilities (subpart Z), and (3) 
the Ohio State Implementation Plan's opacity limits, as incorporated 
into Globe's Title V permit, and Ohio's Title V permit program. Under 
the proposed Consent Decree, Globe will pay a $2.6 million civil 
penalty, construct a new baghouse, restrict sulfur content of process 
inputs to specified limits, and implement a detailed monitoring regime 
to address opacity concerns. Additionally, as mitigation for past 
exceedances, Globe will extend its sulfur content limits and Subpart Z 
obligations to all furnaces.
    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 v. Globe Metallurgical, Inc., D.J. Ref. 
No. 90-5-2-1-11643. 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............................  <a href="/cdn-cgi/l/email-protection#85f5f0e7e6eae8e8e0ebf1a8e0e0f6abe0ebf7e1c5f0f6e1eaefabe2eaf3"><span class="__cf_email__" data-cfemail="95e5e0f7f6faf8f8f0fbe1b8f0f0e6bbf0fbe7f1d5e0e6f1faffbbf2fae3">[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 $17.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Patricia S. McKenna,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2023-16190 Filed 7-28-23; 8:45 am]
BILLING CODE 4410-15-P


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