Notice2023-16919
Notice of Lodging of Proposed Consent Decree Under the Clean Air Act and Clean Water Act
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 8, 2023
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 88 Issue 151 (Tuesday, August 8, 2023)</title>
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[Federal Register Volume 88, Number 151 (Tuesday, August 8, 2023)]
[Notices]
[Page 53522]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16919]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean Air
Act and Clean Water Act
On August 2, 2023, the Department of Justice lodged a proposed
consent decree with the United States District Court for the Northern
District of New York in the lawsuit entitled United States and State of
New York v. FrieslandCampina Ingredients North America, Inc., Civil
Action No. 3:23-cv-00937-TJM-ML.
The United States and the State of New York filed this civil
enforcement action for injunctive relief and civil penalties pursuant
to section 113 of the Clean Air Act (``CAA''), 42 U.S.C. 7413, section
309 of the Clean Water Act (``CWA''), 33 U.S.C. 1319, and article 19 of
the New York Environmental Conservation Law (``ECL''), and regulations
promulgated thereto, against FrieslandCampina Ingredients North
America, Inc. (``Friesland'' or ``Defendant''), as owner and operator
of a hydrolyzed protein powder facility (``Facility'') located at 40196
State Highway 10, Delhi, New York.
The complaint alleges that Friesland violated the CAA by failing
to: obtain a modification of its title V CAA permit before its Facility
became a major source of volatile organic compound (``VOC'') emissions;
perform a Reasonably Available Control Technology (``RACT'')
demonstration and implement RACT before commencing operation of a major
source of VOC emissions; obtain a permit before constructing a new,
modified, or existing air contamination source at the Facility; and
report and maintain annual reports of its VOC (toluene) emissions. The
complaint also alleges that Friesland violated the CWA by: failing to
comply with the New York State Department of Environmental Conservation
(``NYSDEC'') State Pollutant Discharge Elimination System (``SPDES'')
Permit No. NY262838; discharging non-contact cooling water to the
Delaware River at temperatures that exceeded the Facility's permit
limit of 70 degrees Fahrenheit; introducing total suspended solids into
the Village of Delhi's publicly owned treatment works in quantities
that caused pass through and/or interference with the treatment works;
and failing to comply with its New York SPDES Multi-Sector General
Permit for Stormwater Discharges Associated with Industrial Activity
(GP-0-17-004--No. NYR00F872) No Exposure Certification.
The settlement, set forth in a consent decree lodged with the
court, would resolve violations of the CAA, CWA, and the ECL, and would
require Friesland to reduce harmful toluene emissions through the
installation and operation of pollution controls and comply with its
permits. Friesland would also pay a civil penalty of $2,880,000
($1,440,000 of which will be directed to New York State, exclusively to
fund projects to prevent, abate, restore, mitigate, or control any
identifiable instance of prior or ongoing water, land, or air
pollution, as authorized by New York State Finance Law section 4(11)
and New York Executive Law section 63(16)), and implement a
Supplemental Environmental Project (``SEP'') at the Facility to reduce
the adverse impacts of its thermal discharges and overall environmental
risk to the Delaware River, by installing a closed-loop cooling tower
system to replace its once-through, non-contact cooling water process
that discharges excess heat into the adjacent watershed. The SEP would
reduce groundwater withdrawals needed for Friesland's operations and
the volume of discharges of heated water to the Delaware River, which
would enhance trout habitat.
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 and State of New York v.
FrieslandCampina Ingredients North America, Inc., D.J. Ref. No. 90-5-2-
1-12387. 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#0f7f7a6d6c6062626a617b226a6a7c216a617d6b4f7a7c6b606521686079"><span class="__cf_email__" data-cfemail="e3939681808c8e8e868d97ce868690cd868d9187a39690878c89cd848c95">[email 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 proposed consent decree may
be examined and downloaded at this Justice Department website: <a href="https://www.justice.gov/enrd/consent-decrees">https://www.justice.gov/enrd/consent-decrees</a>. 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 $10.25 (25 cents per page
reproduction cost) payable to the United States Treasury.
Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2023-16919 Filed 8-7-23; 8:45 am]
BILLING CODE 4410-15-P
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</html>Indexed from Federal Register on August 8, 2023.
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