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

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Published

October 25, 2023

Issuing agencies

Justice Department

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[Federal Register Volume 88, Number 205 (Wednesday, October 25, 2023)]
[Notices]
[Page 73379]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23502]



[[Page 73379]]

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DEPARTMENT OF JUSTICE


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

    On October 19, 2023, the Department of Justice lodged a proposed 
Consent Decree Modification (``Modification'') with the United States 
District Court for the Eastern District of Michigan in the lawsuit 
entitled United States and the Michigan Department of Environment, 
Great Lakes, and Energy v. Cleveland-Cliffs Steel Corp. (f/k/a AK Steel 
Corp.) Case No. 15-cv-11804.
    The Modification amends the Consent Decree entered by the Court on 
August 21, 2015, which resolved Plaintiffs' claims that Defendant 
violated the Clean Air Act at its steel manufacturing plant located in 
Dearborn, Michigan. The Consent Decree required Defendant to improve 
its maintenance and operation of the electrostatic precipitator 
(``ESP'') at the plant in order to reduce emissions of various 
pollutants. Plaintiffs have determined, however, that these efforts 
were insufficient and the Modification requires Defendant to replace 
the ESP entirely. It also requires routine testing of the new ESP, 
operation in accordance with various parameters, and improved 
monitoring. Finally, the Modification requires Defendant to pay an 
$80,000 penalty to Michigan for violation of state law and perform a 
State supplemental environmental project that consists of providing air 
purifiers to area residences near the plant.
    The publication of this notice opens a period for public comment on 
the proposed Modification. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States, et al. v. Cleveland-Cliffs, Case No. 
15-cv-11804, D.J. Ref. No. 90-5-2-1-10702. 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 e-mail...........................  <a href="/cdn-cgi/l/email-protection#9bebeef9f8f4f6f6fef5efb6fefee8b5fef5e9ffdbeee8fff4f1b5fcf4ed"><span class="__cf_email__" data-cfemail="a0d0d5c2c3cfcdcdc5ced48dc5c5d38ec5ced2c4e0d5d3c4cfca8ec7cfd6">[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 Modification may be examined 
and downloaded at this Justice Department website: <a href="https://www.usdoj.gov/enrd/Consent_Decrees.html">https://www.usdoj.gov/enrd/Consent_Decrees.html</a>. We will provide a paper copy 
of the Modification 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 $34.25 (25 cents per page 
reproduction cost) for the proposed Modification, payable to the United 
States Treasury.

Patricia Mckenna,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2023-23502 Filed 10-24-23; 8:45 am]
BILLING CODE 4410-15-P


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