Notice of Lodging of Consent Decree In United States v. MI Metals, Inc. Under the Clean Air Act, 25281-25282 [E9-12188]

Download as PDF Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Notices conducted before the expiration date pursuant to Section 204(f) of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1714(f) (2000), the Secretary determines that the withdrawal shall be extended. Dated: May 19, 2009. Ken Salazar, Secretary of the Interior. [FR Doc. E9–12307 Filed 5–21–09; 4:15 pm] BILLING CODE 4310–JB–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–451 (Second Review)] Gray Portland Cement and Cement Clinker From Mexico AGENCY: United States International Trade Commission. ACTION: Termination of review. On April 6, 2009, the U.S. Department of Commerce published notice of the revocation of its antidumping duty order on gray portland cement and cement clinker from Mexico and termination of the sunset review of the order (74 FR 15435). Accordingly, the Commission gives notice that its antidumping duty review concerning gray portland cement and cement clinker from Mexico (Investigation No. 731–TA–451 (Second Review)) is terminated. DATES: Effective Date: April 1, 2009. FOR FURTHER INFORMATION CONTACT: Jim McClure (202–205–3191 or via e-mail james.mcclure@usitc.gov), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearingimpaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its Internet server (https:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. erowe on PROD1PC63 with NOTICES SUMMARY: Authority: This investigation is being terminated under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.40 of the Commission’s rules (19 CFR 207.40). By order of the Commission. VerDate Nov<24>2008 15:23 May 26, 2009 Jkt 217001 Issued: May 20, 2009. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–12261 Filed 5–26–09; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act Pursuant to Department of Justice policy, notice is hereby given that, on May 18, 2009, a proposed Consent Decree in In re James Pielet, Case No. 06–01026 (Bankr. N.D. Ill.) and In re J.P. Investments, Inc., Case No. 06–01037 (Bankr. N.D. Ill.) was lodged with the United States Bankruptcy Court for the Northern District of Illinois. The Consent Decree provides for recovery of response costs that the U.S. Environmental Protection Agency (‘‘EPA’’) has incurred and will incur in addressing environmental contamination at two sites: the Midwest Metallics Site in Summit, Illinois and the H&H Enterprises Site in Gary, Indiana. The United States has asserted a claim against the J.P. Investments bankruptcy estate for $5,087,276 in costs associated with the Midwest Metallics Site and it has asserted a claim against the James Pielet bankruptcy estate for $3,210,411.66 in costs associated with the H&H Enterprises Site. The proposed Consent Decree would resolve the United States’ claims in the two bankruptcy cases in exchange for providing EPA: (i) A $700,000.00 allowed secured claim against the James Pielet bankruptcy estate, to be paid on a priority basis pursuant to 11 U.S.C. 725; (ii) a $2,510,411.66 allowed general unsecured claim against the James Pielet bankruptcy estate; (iii) a $3,391,517.33 allowed general unsecured claim against the J.P. Investments bankruptcy estate; and (iv) a $1,695,758.67 allowed general unsecured subordinated claim against the J.P. Investments bankruptcy estate. The Department of Justice will receive comments relating to the Consent Decree for a period of thirty (30) days from the date of this publication. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and mailed either electronically to pubcommentees.enrd@usdoj.gov or in hard copy to U.S. Department of Justice, P.O. Box 7611, Washington, DC 20044–7611. Comments should refer to In re James Pielet and In re J.P. Investments, Inc. PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 25281 and D.J. Ref. Nos. 90–11–2–1092/2 and 90–11–2–1092/3. The Consent Decree may be examined at the offices of the U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 14th Floor, Chicago, Illinois. During the public comment period, the Consent Decree may also be examined on the following Department of Justice Web site: https:// www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the Consent Decree may also be obtained by mail from the Department of Justice Consent Decree Library, P.O. Box 7611, Washington, DC 20044–7611 or by faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), 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 $4.25 (17 pages at 25 cents per page reproduction cost) payable to the U.S. Treasury. Maureen M. Katz, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E9–12185 Filed 5–26–09; 8:45 am] BILLING CODE 4410–15–P 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 E:\FR\FM\27MYN1.SGM 27MYN1 erowe on PROD1PC63 with NOTICES 25282 Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Notices 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 pubcomment-ees.enrd@usdoj.gov 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, https:// 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 (tonia.fleetwood@usdoj.gov), 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 VerDate Nov<24>2008 15:23 May 26, 2009 Jkt 217001 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 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice (09–041)] Notice of Centennial Challenges—2009 Lunar Lander Challenge AGENCY: National Aeronautics and Space Administration (NASA). ACTION: Notice of Centennial Challenges—2009 Lunar Lander Challenge SUMMARY: This notice is issued in accordance with 42 U.S.C. 2451(314)(d). The 2009 Lunar Lander Challenge is now scheduled and teams that wish to compete may soon register (see contact information below). The NASA Centennial Challenges is a program of prize contests to stimulate innovation and competition in technologies of interest and value to NASA and the nation. The Lunar Lander Challenge is a prize competition designed to accelerate technology developments in reusable rocket-powered vehicles including vehicles capable of ferrying cargo or humans between lunar orbit and the lunar surface as well as future Earth launch vehicles or other rocketpowered vehicles. The Lunar Lander Challenge is administered for NASA by the X Prize Foundation. The prize purse is funded by NASA. DATES: The 2009 Lunar Lander Challenge will be held as an open period of competition for flight attempts between July 1, 2009, and October 31, 2009. LOCATION: The 2009 Lunar Lander Challenge attempts will be conducted at locations chosen by the competing teams. To register for and get additional information regarding the 2009 Lunar Lander Challenge including rules, team agreements, eligibility and prize criteria, visit the Web site at https:// space.xprize.org/ng-lunar-landerchallenge or contact Mr. William Pomerantz, X Prize Foundation, 5510 Lincoln Blvd., Suite 100, Playa Vista, CA 90094, phone: 310.741.4910, e-mail: will@xprize.org. Questions and comments regarding the NASA FOR FURTHER INFORMATION: PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 Centennial Challenges Program should be addressed to Mr. Andrew Petro, NASA Headquarters, Washington, DC, phone: 202–358–0310 e-mail: andrew.j.petro@nasa.gov. The Centennial Challenges Web site is https://www.ip.nasa.gov/cc. SUPPLEMENTARY INFORMATION: To qualify to win a prize in this challenge, a rocket-propelled vehicle with an assigned payload must take off vertically, climb to a defined altitude, fly for a pre-determined amount of time, then land vertically on a target that is a fixed distance from the take-off point. After remaining at this location for a period of time, the vehicle must take off, fly for the same amount of time, and land again on its original launch pad. The remaining prize purse for this challenge is $1,650,000 distributed as follows: Level 2 1st prize: $1,000,000, Level 2 2nd prize: $500,000 and Level 1 2nd prize: $150,000. The Level 1 1st prize of $350,000 was awarded in 2008. In the case of individuals, prizes can only be awarded to US citizens or permanent residents and in the case of corporations or other entities, prizes can only be awarded to those that are incorporated in and maintain a primary place of business in the United States. Dated: May 14, 2009. Douglas A. Comstock, Director, Innovative Partnerships Program. [FR Doc. E9–11921 Filed 5–26–09; 8:45 am] BILLING CODE P NUCLEAR REGULATORY COMMISSION [Docket No. 72–71–EA; ASLBP No. 09–888– 03–EA–BD01] Detroit Edison Company; Corrected Notice of Establishment of Atomic Safety and Licensing Board On May 15, 2009, the Atomic Safety and Licensing Board Panel issued a notice of Establishment of Atomic Safety and Licensing Board for Detroit Edison Company, Fermi Power Plant (Independent Spent Fuel Storage Installation), which incorrectly identified the docket number as 72–7– EA. The correct docket number is 72– 71–EA. All other information given in the original Board Establishment Notice remains the same, and is repeated below. Pursuant to delegation by the Commission dated December 29, 1972 (37 FR 28,710), and the Commission’s regulations, see 10 CFR 2.106, 2.300, 2.313(a), and 2.318, notice is hereby given that an Atomic Safety and Licensing Board (Board) is being E:\FR\FM\27MYN1.SGM 27MYN1

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


-----------------------------------------------------------------------

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 
pubcomment-ees.enrd@usdoj.gov 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, https://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 (tonia.fleetwood@usdoj.gov), 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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