[Federal Register Volume 74, Number 100 (Wednesday, May 27, 2009)]
[Notices]
[Pages 25281-25282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12188]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree In United States v. MI 
Metals, Inc. Under the Clean Air Act

    Under 28 CFR 50.7, notice is hereby given that on May 20, 2009, a 
proposed consent decree (``Consent Decree'') between MI Metals, Inc. 
(``MI Metals'') and the United States, Civil Action No. 8:09-cv-921, 
was lodged with the United States District Court for the Middle 
District of Florida, Tampa Division.
    The Consent Decree would resolve claims asserted by the United 
States against MI Metals pursuant to Section 113(b) of the Clean Air 
Act (the ``Act''), 42 U.S.C. 7413(b), seeking injunctive relief and the 
assessment of civil penalties for MI Metal's violations of Section 112 
of the Act, 42 U.S.C. 7412, and the National Emissions Standards for 
Hazardous Air Pollutants (``NESHAP'') for Secondary Aluminum 
Production, codified at 40 CFR Part 63, Subparts A and RRR, and Rule 
62-204.800(11) of the Florida Administrative Code (which incorporates 
the federal regulations by reference). Pinellas County is a party to 
the settlement and has moved to intervene in this action.
    MI Metals operates a secondary aluminum production facility in 
Oldsmar, Pinellas County, Florida. The

[[Page 25282]]

complaint filed by the United States alleges that MI Metals began 
charging dirty (coated) scrap into the furnace at its Oldsmar, Florida 
facility on July 14 2003, which made this furnace subject to the 
testing, operating, and monitoring requirements of 40 CFR Part 63, 
Subparts A and RRR. The United States' Complaint further alleges that 
MI Metals violated a number of these requirements, including 
demonstration of an adequate emissions capture/collection system on the 
furnace; appropriate performance testing to demonstrate compliance with 
the regulation's dioxin and furan (``D/F'') emissions limit; and 
monitoring of key operating parameters to assure ongoing compliance 
with the emissions limit.
    The proposed Consent Decree would require MI Metals to make 
modifications to the emissions hood on the furnace; to re-test the 
furnace; and to comply with a number of operating and monitoring 
requirements. Finally, the proposed Consent Decree would require MI 
Metals to pay a $210,000 civil penalty.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 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#2c5c594e4f4341414942580149495f0249425e486c595f484346024b435a"><span class="__cf_email__" data-cfemail="8dfdf8efeee2e0e0e8e3f9a0e8e8fea3e8e3ffe9cdf8fee9e2e7a3eae2fb">[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. MI Metals, Inc., D.J. Ref. No. 90-5-2-1-08988.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Middle District of Florida, 400 North Tampa Street, 
Suite 3200, Tampa, Florida 33602, and at U.S. EPA Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia, 30303. During the public comment period, 
the Consent Decree may also be examined on the following Department of 
Justice Web site, 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#45312a2b2c246b2329202031322a2a21053036212a2f6b222a33"><span class="__cf_email__" data-cfemail="e69289888f87c8808a83839291898982a6939582898cc8818990">[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 $10.00 
(25 cents per page reproduction cost) payable to the U.S. Treasury or, 
if by e-mail or fax, forward a check in that amount to the Consent 
Decree Library at the stated address.

Maureen Katz,
Deputy Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. E9-12188 Filed 5-26-09; 8:45 am]
BILLING CODE 4410-15-P


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