Notice of Lodging of Consent Decree Under the Clean Air Act, 62421-62422 [2010-25366]

Download as PDF Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Notices designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d)–(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: October 5, 2010. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–25409 Filed 10–7–10; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE erowe on DSK5CLS3C1PROD with NOTICES Notice of Lodging of Consent Decree Under the Clean Air Act Pursuant to 28 CFR 50.7, notice is hereby given that on September 30, 2010, a proposed Consent Decree in United States of America v. Dakota Ethanol, LLC, Civil Action No. 4:10– CV–04144–LLP, was lodged with the United States District Court for the District of South Dakota. The Consent Decree would resolve claims asserted by the United States against Dakota Ethanol, LLC pursuant to Sections 111 and 502(a) of the Clean Air Act (the ‘‘Act’’), 42 U.S.C. 7411 and 7661a, seeking injunctive relief and the assessment of civil penalties for Defendant’s alleged violations of the Act. Dakota Ethanol, LLC owns and operates an ethanol production facility in Lake County, South Dakota, near Wentworth (the ‘‘Facility’’). The VerDate Mar<15>2010 15:29 Oct 07, 2010 Jkt 223001 complaint alleges that Defendant violated the Facility’s Title V operating permit by exceeding certain VOC emissions limits, conducting invalid testing to demonstrate compliance with its VOC emissions limits, and failing to timely conduct required VOC stack testing. The complaint also alleges that Defendant violated both its Title V operating permit and regulations promulgated pursuant to the New Source Performance Standards program by failing to maintain the internal floating roof on the liquid inside several storage vessels at the Facility. The proposed Consent Decree would require Dakota Ethanol, LLC to conduct all VOC Performance Tests in accordance with 40 CFR part 51, Appendix M; Method 207 and 40 CFR part 60, Appendix A; Method 18 and to report the results of each performance test to EPA within ninety (90) days. In addition, the proposed Consent Decree would require Defendant to apply to include the testing requirements in either a federally enforceable permit or request a site-specific amendment to the South Dakota SIP to include the requirements enumerated in the Consent Decree within one hundred eighty (180) days. Finally, the proposed Consent Decree would require Dakota Ethanol, LLC to pay a $75,000 civil penalty. 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 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 of America v. Dakota Ethanol, LLC, D.J. Ref. 90–5–2–1–08636. The Consent Decree may be examined at U.S. EPA Region 8, 1595 Wynkoop Street, Denver, CO 80202. 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 $7.00 (25 cents per page reproduction cost) payable to the PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 62421 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, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2010–25364 Filed 10–7–10; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Air Act Pursuant to 28 CFR 50.7, notice is hereby given that on September 30, 2010, a proposed Consent Decree in United States of America v. James Valley Ethanol, LLC, Northern Lights Ethanol, LLC, and Poet Plant Management, Civil Action No. 4:10– CV–04143–KES, was lodged with the United States District Court for the District of South Dakota. The Consent Decree would resolve claims asserted by the United States against James Valley Ethanol, LLC (‘‘James Valley’’), Northern Lights Ethanol, LLC (‘‘Northern Lights’’), and POET Plant Management (‘‘POET’’) pursuant to Sections 111 and 502(a) of the Clean Air Act (the ‘‘Act’’), 42 U.S.C. 7411 and 7661a, seeking injunctive relief and civil penalties for Defendants’ alleged violations of the Act. Defendant James Valley owns an ethanol production facility in Brown County, South Dakota, near Groton (the ‘‘Groton Facility’’) and Defendant Northern Lights owns an ethanol production facility in Grant County, South Dakota, near Big Stone City (the ‘‘Big Stone Facility’’). Defendant POET operates both the Groton and Big Stone Facilities. The complaint filed by the United States alleges that Defendants James Valley and POET violated the Title V operating permit for the Groton Facility and regulations promulgated pursuant to the New Source Performance Standards program by failing to maintain the internal floating roof on the liquid inside several storage vessels at the Groton Facility. The complaint also alleges that Defendant Northern lights and POET violated the Title V operating permit for the Big Stone Facility by exceeding certain VOC emissions limits, conducting invalid testing to demonstrate compliance with its VOC emissions limits, and failing to install required monitoring devices. Finally, the complaint alleges that these Defendants violated both the Big Stone Facility’s Title V operating permit and regulations promulgated pursuant to the E:\FR\FM\08OCN1.SGM 08OCN1 erowe on DSK5CLS3C1PROD with NOTICES 62422 Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Notices New Source Performance Standards program by failing to maintain the internal floating roof on the liquid inside several storage vessels at the Big Stone Facility. The proposed Consent Decree would require Defendants to conduct all VOC Performance Tests for the Facilities in accordance with 40 CFR part 51, Appendix M; Method 207 and 40 CFR part 60, Appendix A; Method 18 and to report the results of each performance test to EPA within ninety (90) days. In addition, the proposed Consent Decree would require Defendants to apply to include the testing requirements in either a federally enforceable permit or request a site-specific amendment to the South Dakota SIP to include the requirements enumerated in the Consent Decree within one hundred eighty (180) days. Finally, the proposed Consent Decree would require Defendants to pay a $150,000 civil penalty. 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 either emailed 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 of America v. James Valley Ethanol, LLC, Northern Lights Ethanol, LLC, and Poet Plant Management, D.J. Ref. 90–5–2–1–08640. The Consent Decree may be examined at U.S. EPA Region 8, 1595 Wynkoop Street, Denver, CO 80202. 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 $8.25 (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 Mar<15>2010 15:29 Oct 07, 2010 Jkt 223001 Consent Decree Library at the stated address. Maureen Katz, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2010–25366 Filed 10–7–10; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act Consistent with Section 122 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (‘‘CERCLA’’), 42 U.S.C. 9622(d), and 28 C.F.R. 50.7, notice is hereby given that on September 21, 2010, the United States lodged a Consent Decree with Bud’s Oil Service, Inc. (‘‘Settling Defendant’’) in United States of America v. Bud’s Oil Service, Inc., Case No. CV10–7032 GAF (AJWx) (C.D. Cal.), with respect to the Omega Chemical Superfund Site, located in Whittier, Los Angeles County, California (the ‘‘Omega Site’’) and the Casmalia Resources Superfund Site (the ‘‘Casmalia Site’’) (both referred to collectively as the ‘‘Sites’’), located in Santa Barbara County, California. On September 21, 2010, Plaintiff United States of America (‘‘United States’’), on behalf of the United States Environmental Protection Agency (‘‘EPA’’) filed a complaint in this matter against defendant Bud’s Oil Service, Inc., pursuant to CERCLA Section 107, 42 U.S.C. 9607, seeking recovery of environmental response costs incurred by EPA related to the release or threatened release or disposal of hazardous substances at or from the Sites. Financial information provided by the Settling Defendant indicated a financial inability to pay. However, pursuant to settlement agreements between Settling Defendant and certain of its insurers, the United States has received reimbursement of response costs totalling $485,000. Of this total, $2,900 will be payable to or transferred by EPA to the Casmalia Resources Site Special Account. The remaining amount ($482,100) will be applied towards the Omega Chemical Corporation Site Special Account. In exchange, the proposed Consent Decree provides Settling Defendant with a covenant not to sue and contribution protection with respect to the Sites. The Department of Justice will receive for a period of thirty (30) days from the PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 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 of America v. Bud’s Oil Service, Inc., Case No. CV 10–7032 GAF (AJWx) (C.D. Cal.) (DOJ Ref. No. 90–11–3– 06529/9). The Consent Decree may be examined at U.S. Environmental Protection Agency, Office of Regional Counsel, EPA Region 9, 75 Hawthorne Street, San Francisco, CA 94105 (contact Stephen Berninger, (415) 972–3909). 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, U.S. Department of Justice, 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 refer to United States of America v. Bud’s Oil Service, Inc., Case No. CV 10–7032 GAF (AJWx) (C.D. Cal.) (DOJ Ref. No. 90–11–3– 06529/9), and enclose a check in the amount of $ 6.50 (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, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2010–25423 Filed 10–7–10; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that on October 4, 2010, a proposed Consent Decree in United States v. Quality Distribution, Inc., Civil Action No. 1:10–cv–05098– NLH–KMW, was lodged with the United States District Court for the District of New Jersey. The proposed Consent Decree will settle the United States’ claims on behalf of the U.S. Environmental Protection Agency (‘‘EPA’’) against E:\FR\FM\08OCN1.SGM 08OCN1

Agencies

[Federal Register Volume 75, Number 195 (Friday, October 8, 2010)]
[Notices]
[Pages 62421-62422]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25366]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Pursuant to 28 CFR 50.7, notice is hereby given that on September 
30, 2010, a proposed Consent Decree in United States of America v. 
James Valley Ethanol, LLC, Northern Lights Ethanol, LLC, and Poet Plant 
Management, Civil Action No. 4:10-CV-04143-KES, was lodged with the 
United States District Court for the District of South Dakota.
    The Consent Decree would resolve claims asserted by the United 
States against James Valley Ethanol, LLC (``James Valley''), Northern 
Lights Ethanol, LLC (``Northern Lights''), and POET Plant Management 
(``POET'') pursuant to Sections 111 and 502(a) of the Clean Air Act 
(the ``Act''), 42 U.S.C. 7411 and 7661a, seeking injunctive relief and 
civil penalties for Defendants' alleged violations of the Act.
    Defendant James Valley owns an ethanol production facility in Brown 
County, South Dakota, near Groton (the ``Groton Facility'') and 
Defendant Northern Lights owns an ethanol production facility in Grant 
County, South Dakota, near Big Stone City (the ``Big Stone Facility''). 
Defendant POET operates both the Groton and Big Stone Facilities. The 
complaint filed by the United States alleges that Defendants James 
Valley and POET violated the Title V operating permit for the Groton 
Facility and regulations promulgated pursuant to the New Source 
Performance Standards program by failing to maintain the internal 
floating roof on the liquid inside several storage vessels at the 
Groton Facility. The complaint also alleges that Defendant Northern 
lights and POET violated the Title V operating permit for the Big Stone 
Facility by exceeding certain VOC emissions limits, conducting invalid 
testing to demonstrate compliance with its VOC emissions limits, and 
failing to install required monitoring devices. Finally, the complaint 
alleges that these Defendants violated both the Big Stone Facility's 
Title V operating permit and regulations promulgated pursuant to the

[[Page 62422]]

New Source Performance Standards program by failing to maintain the 
internal floating roof on the liquid inside several storage vessels at 
the Big Stone Facility.
    The proposed Consent Decree would require Defendants to conduct all 
VOC Performance Tests for the Facilities in accordance with 40 CFR part 
51, Appendix M; Method 207 and 40 CFR part 60, Appendix A; Method 18 
and to report the results of each performance test to EPA within ninety 
(90) days. In addition, the proposed Consent Decree would require 
Defendants to apply to include the testing requirements in either a 
federally enforceable permit or request a site-specific amendment to 
the South Dakota SIP to include the requirements enumerated in the 
Consent Decree within one hundred eighty (180) days. Finally, the 
proposed Consent Decree would require Defendants to pay a $150,000 
civil penalty.
    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 either emailed 
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 of America v. James Valley Ethanol, LLC, Northern Lights 
Ethanol, LLC, and Poet Plant Management, D.J. Ref. 90-5-2-1-08640.
    The Consent Decree may be examined at U.S. EPA Region 8, 1595 
Wynkoop Street, Denver, CO 80202. 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 $8.25 
(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,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2010-25366 Filed 10-7-10; 8:45 am]
BILLING CODE 4410-15-P
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