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[Federal Register Volume 87, Number 34 (Friday, February 18, 2022)]
[Notices]
[Page 9386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03497]

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DEPARTMENT OF JUSTICE

Notice of Lodging of Proposed Consent Decree Under the Clean 
Water Act, Emergency Planning and Community Right-to-Know Act, and 
Comprehensive Environmental Response, Compensation and Liability Act

    On February 14, 2022, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Northern 
District of Indiana in the lawsuit entitled United States and the State 
of Indiana v. Cleveland-Cliffs Burns Harbor LLC and Cleveland-Cliffs 
Steel LLC, Case No. 22-CV-26 (N.D. Ind.).
    The Complaint seeks civil penalties, injunctive relief, and 
recovery of response costs relating to a steel manufacturing and 
finishing facility in Burns Harbor, Indiana (``Facility'') owned and 
operated by Cleveland-Cliffs Burns Harbor LLC and its corporate parent 
Cleveland-Cliffs Steel LLC (collectively, ``Cleveland-Cliffs''). The 
Complaint alleges that Cleveland-Cliffs exceeded discharge pollution 
limits for cyanide and ammonia, including during an August 2019 spill; 
failed to properly report those cyanide and ammonia releases under the 
Emergency Planning and Community Right-to-Know Act, and the 
Comprehensive Environmental Response, Compensation and Liability Act; 
and violated other Clean Water Act and permit terms. Under the Consent 
Decree, Cleveland-Cliffs would be required to take a number of measures 
to come into compliance with the law. In particular, the proposed 
Consent Decree requires the operation of ammonia and cyanide treatment 
systems; measures to improve pollution control system reliability; 
specific procedures for preventing violations during another Facility 
incident, including the diversion of wastewater to a retention pond, 
treatment of wastewater, and prompt shutdown of the Facility processes; 
improvements to Cleveland-Cliffs' sampling and lab analysis; and public 
notification in the event of certain exceedances. Defendants are also 
required to complete two Environmentally-Beneficial Projects, to be 
administered by the state of Indiana: (1) The donation of 127 acres of 
land abutting the Indiana Dunes National Park to a qualified land trust 
organization for permanent conservation protection; and (2) a water 
sampling project to monitor and report on water quality at four 
locations in the East Branch of the Little Calumet River and Lake 
Michigan. Finally, the proposed Consent Decree would require payment of 
a civil penalty of $3 million, split evenly between the United States 
and Indiana, and reimbursement of the governments' response costs in 
responding to the August 2019 spill.
    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 the State of Indiana v. Cleveland-
Cliffs Burns Harbor LLC and Cleveland-Cliffs Steel LLC, D.J. Ref. No. 
90-5-1-1-12268. 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............................  [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 Consent Decree 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 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 $15.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Patricia McKenna,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2022-03497 Filed 2-17-22; 8:45 am]
BILLING CODE 4410-15-P
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