Notice of Lodging of Consent Decree Under the Clean Air Act, 76762 [2011-31486]

Download as PDF 76762 Federal Register / Vol. 76, No. 236 / Thursday, December 8, 2011 / Notices standard template for all COPS programs. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that 4,200 respondents annually will complete the form within 9.4 hours. (6) An estimate of the total public burden (in hours) associated with the collection: There are an estimated 39,500 total annual burden hours associated with this collection. If additional information is required contact: Jerri Murray, Deputy Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., Room 2E–508, Washington, DC 20530. Jerri Murray, Department Clearance Officer, PRA, U.S. Department of Justice. [FR Doc. 2011–31535 Filed 12–7–11; 8:45 am] BILLING CODE 4410–AT–P DEPARTMENT OF JUSTICE mstockstill on DSK4VPTVN1PROD with NOTICES Notice of Lodging of Consent Decree Under the Clean Air Act Notice is hereby given that on December 2, 2011, a proposed Consent Decree (‘‘Decree’’) in United States v. Jack M. Levine & Son, Inc., Civil Action No. 1:11–cv–00480–CAB, was lodged with the United States District Court for the Northern District of Ohio. In this action the United States, on behalf of the U.S. Environmental Protection Agency (‘‘U.S. EPA’’), sought penalties and injunctive relief under the Clean Air Act (‘‘CAA’’) against Jack M. Levine & Son, Inc. (‘‘Defendant’’) relating to Defendant’s Cleveland, Ohio facility (‘‘Facility’’). The Complaint alleged that Defendant violated Section 608(b)(1) of the CAA, 42 U.S.C. 7671g(b)(1) (National Recycling and Emission Reduction Program), and the regulations promulgated thereunder, 40 CFR Part 82, Subpart F, by failing to follow the requirement to recover or verify recovery of refrigerant from appliances it accepts for disposal. The Consent Decree provides for a civil penalty of $3,500 based upon ability to pay. The Decree also requires Defendant to implement the following measures at the Facility: (1) Purchase equipment to recover refrigerant or contract for such services and provide for such recovery at no additional cost; (2) no longer accept small appliances, motor vehicle air conditioners (‘‘MVACs’’), or MVAClike appliances with cut lines unless the supplier can provide appropriate written verification (e.g., that all VerDate Mar<15>2010 15:59 Dec 07, 2011 Jkt 226001 refrigerant that had not leaked previously was properly evacuated); (3) require its suppliers to use the verification statement provided in Appendix A that contains the information required by the regulations, unless it has an existing written agreement with that supplier regarding verification; and (4) keep a refrigerant recovery log to document details regarding refrigerant that is recovered by Defendant in the form provided in Appendix B. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, 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 v. Jack M. Levine & Son, Inc., D.J. Ref. 90–5–2–1–09789. The Decree may be examined at the Office of the United States Attorney, Northern District of Ohio, 801 West Superior Avenue, Suite 400, Cleveland, OH 44113 (contact Assistant U.S. Attorney Steven Paffilas (216) 622–3698)) and at U.S. EPA, Region 5, 77 West Jackson Blvd., Chicago, IL 60604. During the public comment period, the 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 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 emailing 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 $6.50 (25 cents per page reproduction cost) payable to the U.S. Treasury or, if by email 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. 2011–31486 Filed 12–7–11; 8:45 am] BILLING CODE 4410–15–P PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Air Act Notice is hereby given that on December 2, 2011, a proposed Consent Decree in United States v. Rentech Nitrogen, LLC, Civil Action No. 3:11– CV–50358, was lodged with the United States District Court for Northern District of Illinois. The Consent Decree would resolve claims for injunctive relief and the assessment of civil penalties asserted by the United States (Plaintiff), against Rentech Nitrogen, LLC (Defendant) pursuant to Sections 113(b) and 167 of the Clean Air Act (‘‘CAA’’), 42 U.S.C. 7413(b) and 7477. Defendant produces nitric acid, which is used in the production of ammonium nitrate and other fertilizers and explosives. The nitric acid process results in the emissions of regulated air pollutants, including nitrogen oxides (‘‘NOX’’). The Plaintiff’s complaint, filed concurrently with the Consent Decree, alleges that Defendant violated the Prevention of Significant Deterioration (‘‘PSD’’) provisions of the CAA, 42 U.S.C. 7470–7492, and the implementing regulations at 40 CFR part 52; the New Source Performance Standards (‘‘NSPS’’) provisions of the CAA, 42 U.S.C. 7411, and the implementing regulations at 40 CFR part 60, subpart G; Title V of the CAA, 42 U.S.C. 7661 et seq.; and the State Implementation Plan for the State of Illinois promulgated pursuant to Section 110 of the CAA, 42 U.S.C. 7410, to the extent it incorporates and/or implements the above-listed federal requirements. Specifically, the complaint alleges that Defendant operated a nitric acid plant since inception without a required PSD permit and without using the best available control technology (‘‘BACT’’) required under the PSD regulatory framework. Additionally, the complaint alleges that Defendant’s Title V operating permit is deficient for the same reason. Finally, the complaint alleges that Defendant exceeded emission limits for NOX, violating the NSPS. The Consent Decree would require Defendants to achieve BACT level emissions for NOX, comply with the Nitric Acid NSPS, and incorporate these requirements into its Title V permit. The Consent Decree would also provide for a civil penalty of $108,000. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comment relating to the Consent Decree. E:\FR\FM\08DEN1.SGM 08DEN1

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[Federal Register Volume 76, Number 236 (Thursday, December 8, 2011)]
[Notices]
[Page 76762]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31486]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Notice is hereby given that on December 2, 2011, a proposed Consent 
Decree (``Decree'') in United States v. Jack M. Levine & Son, Inc., 
Civil Action No. 1:11-cv-00480-CAB, was lodged with the United States 
District Court for the Northern District of Ohio.
    In this action the United States, on behalf of the U.S. 
Environmental Protection Agency (``U.S. EPA''), sought penalties and 
injunctive relief under the Clean Air Act (``CAA'') against Jack M. 
Levine & Son, Inc. (``Defendant'') relating to Defendant's Cleveland, 
Ohio facility (``Facility''). The Complaint alleged that Defendant 
violated Section 608(b)(1) of the CAA, 42 U.S.C. 7671g(b)(1) (National 
Recycling and Emission Reduction Program), and the regulations 
promulgated thereunder, 40 CFR Part 82, Subpart F, by failing to follow 
the requirement to recover or verify recovery of refrigerant from 
appliances it accepts for disposal. The Consent Decree provides for a 
civil penalty of $3,500 based upon ability to pay. The Decree also 
requires Defendant to implement the following measures at the Facility: 
(1) Purchase equipment to recover refrigerant or contract for such 
services and provide for such recovery at no additional cost; (2) no 
longer accept small appliances, motor vehicle air conditioners 
(``MVACs''), or MVAC-like appliances with cut lines unless the supplier 
can provide appropriate written verification (e.g., that all 
refrigerant that had not leaked previously was properly evacuated); (3) 
require its suppliers to use the verification statement provided in 
Appendix A that contains the information required by the regulations, 
unless it has an existing written agreement with that supplier 
regarding verification; and (4) keep a refrigerant recovery log to 
document details regarding refrigerant that is recovered by Defendant 
in the form provided in Appendix B.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Decree. 
Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, 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 v. Jack M. Levine & Son, Inc., D.J. Ref. 90-5-2-1-09789. 
The Decree may be examined at the Office of the United States Attorney, 
Northern District of Ohio, 801 West Superior Avenue, Suite 400, 
Cleveland, OH 44113 (contact Assistant U.S. Attorney Steven Paffilas 
(216) 622-3698)) and at U.S. EPA, Region 5, 77 West Jackson Blvd., 
Chicago, IL 60604. During the public comment period, the 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 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 emailing 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 $6.50 (25 cents per 
page reproduction cost) payable to the U.S. Treasury or, if by email 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. 2011-31486 Filed 12-7-11; 8:45 am]
BILLING CODE 4410-15-P

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