[Federal Register Volume 75, Number 183 (Wednesday, September 22, 2010)]
[Notices]
[Pages 57816-57817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23604]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree

    Notice is hereby given that on August 26, 2010, an electronic 
version of a proposed Consent Decree was lodged in the United States 
District Court for the Southern District of Georgia in United States v. 
Tronox Pigments (Savannah), Inc., No. 408-259. The Consent Decree 
settles the United States' claims against Tronox Pigments (Savannah), 
Inc. (``Tronox Pigments'') for civil penalties and injunctive relief 
based on violations of the Clean Air Act, 42 U.S.C. 7401 et seq. 
(``CAA'') and implementing regulations, as well as a permit issued to 
Tronox Pigments by the State of Georgia pursuant to a State 
Implementation Plan (``Georgia SIP'') approved by EPA pursuant to the 
CAA and a permit issued to Tronox Pigments under Title V of the CAA, 42 
U.S.C. 7661-7661f (``CAA'') and Georgia's Title V regulations; 
violations of the Resource Conservation and Recovery Act (``RCRA''), 42 
U.S.C. 6901 et seq. and implementing regulations; violations of the 
Clean Water Act (``CWA''), 33 U.S.C. 1251 et seq. and implementing 
regulations; and a violation of Section 103(a) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, as 
amended, (``CERCLA''), 42 U.S.C. 9603(a) and implementing regulations.
    Under the terms of the proposed Consent Decree, Tronox Pigments 
will, among other things, apply for an amended Title V permit to 
include the air emissions limits contained in the consent decree upon 
any resumption of titanium dioxide production at the Savannah facility. 
The consent decree requires Tronox to continue performing a RCRA 
investigation and cleanup under State supervision, including addressing 
the new areas of noncompliance identified by EPA. For CWA compliance, 
Tronox Pigments will complete the excavation of the ditch system. 
Tronox Pigments and its affiliates have filed for bankruptcy protection 
under Chapter 11 of the Bankruptcy Code, and under the consent decree a 
civil penalty of $4.2 million will be treated as an allowed claim. The 
consent decree resolves the litigation filed in the Southern District 
of Georgia.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
either e-mailed to <a href="/cdn-cgi/l/email-protection#53232631303c3e3e363d277e3636207d363d2137132620373c397d343c25"><span class="__cf_email__" data-cfemail="2c5c594e4f4341414942580149495f0249425e486c595f484346024b435a">[email protected]</span></a> or mailed to P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States v. Tronox Pigments (Savannah), Inc., No. 408-259 
and DOJ No. 90-5-2-1-09052.

[[Page 57817]]

    The Consent Decree may be examined at the Office of the United 
States Attorney for the Southern District of Georgia, 100 Bull Street, 
2nd Floor, Savannah, Georgia 31401. During the public comment period, 
the Consent Decree may also be examined on the following Department of 
Justice: http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the 
Consent Decree may also be obtained by mail from the Consent Decree 
Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 
20044-7611, or by faxing or e-mailing a request to Tonia Fleetwood, 
<a href="/cdn-cgi/l/email-protection#53273c3d3a327d353f363627243c3c37132620373c397d343c25"><span class="__cf_email__" data-cfemail="0f7b6061666e2169636a6a7b7860606b4f7a7c6b606521686079">[email protected]</span></a>, Fax No. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $11.50 (25 cents per 
page reproduction cost) payable to the U.S. Treasury.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2010-23604 Filed 9-21-10; 8:45 am]
BILLING CODE 4410-15-P


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