Notice of Lodging of Consent Decree Under the Clean Air Act, 14358 [2013-05017]
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Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices
DEPARTMENT OF JUSTICE
Decree (‘‘CD’’) with the United States
District Court for the Northern District
of Illinois, Eastern Division, in the
lawsuit entitled United States v. Geneva
Energy, LLC, Civil Action No. 13-cv1448.
In this action, the United States, on
behalf of the United States
Environmental Protection Agency
(‘‘EPA’’), sought civil penalties and
injunctive relief, pursuant to Section
113(b) of the Clean Air Act (the ‘‘CAA’’
or ‘‘Act’’), 42 U.S.C. 7413(b), for
violations related to a tire-burning
electric generating plant in Ford
Heights, Illinois (the ‘‘Facility’’). The CD
resolves claims against Geneva Energy,
LLC, (‘‘Geneva Energy’’) as former
owner and operator of the Facility, and
NAES, Inc., (‘‘NAES’’) a contract
operator at the Facility for 14 months in
2008–2009. The claims are identified in
the Complaint, which was also filed
with the district court on February 25,
2013, and in EPA’s Notice and Finding
of Violation issued to Geneva Energy
and NAES in 2010. The claims include
allegations that Geneva Energy and
NAES violated provisions of the Clean
Air Act, including: (1) The New Source
Performance Standards for Industrial
Steam Generating Units; (2) the Illinois
State Implementation Plan; and (3)
numerous emissions limitations and
operating requirements governed by the
Facility’s construction permit.
The CD requires Geneva Energy to: (1)
Permanently shut down the Facility; (2)
request that Illinois EPA withdraw all
air and water permits and pending
permit applications related to the
Facility; and (3) surrender its sulfur
dioxide emissions allowances. The CD
does not require Geneva Energy to pay
a civil penalty due to its inability to pay,
as determined through a financial
analysis. NAES will pay a civil penalty
of $185,000.
The publication of this notice opens
a period for public comment on the
Consent Decree. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, Environmental
Enforcement Section and should refer to
United States v. Geneva Energy, LLC,
D.J. Ref. No. 90–5–2–1–10155. All
comments must be submitted no later
than thirty (30) days after the
publication date of this notice.
Comments may be submitted either by
email or by mail:
Notice of Lodging of Consent Decree
Under the Clean Air Act
To submit
comments:
Send them to:
On February 25, 2013, the Department
of Justice lodged a proposed Consent
By e-mail ..
pubcommentees.enrd@usdoj.gov.
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the complaint is to be served:
Maxlite, Inc., 12 York Avenue, West
Caldwell, NJ 07006.
Technical Consumer Products, Inc., 325
Campus Drive, Aurora, OH 44202.
Satco Products, Inc., 110 Heartland
Boulevard, Brentwood, NY 11717.
Litetronics International, Inc., 4101 W.
123rd Street, Alsip, IL 60803.
(3) For the investigation so instituted,
the Chief Administrative Law Judge,
U.S. International Trade Commission,
shall designate the presiding
Administrative Law Judge.
The Office of Unfair Import
Investigations will not participate as a
party in this investigation.
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.
Issued: February 27, 2013.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013–04966 Filed 3–4–13; 8:45 am]
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To submit
comments:
Send them to:
By mail .....
Assistant Attorney General, U.S.
DOJ—ENRD, P.O. Box 7611,
Washington, D.C. 20044–
7611.
During the public comment period,
the Consent Decree may be examined
and downloaded at this Justice
Department Web site: https://
www.usdoj.gov/enrd/
Consent_Decrees.html. We will provide
a paper copy of the Consent Decree
upon written request and payment of
reproduction costs. Please mail your
request and payment to: Consent Decree
Library, U.S. DOJ—ENRD, P.O. Box
7611, Washington, DC 20044–7611.
Please enclose a check or money order
for $8.00 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Maureen Katz,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2013–05017 Filed 3–4–13; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the Resource
Conservation and Recovery Act
On February 26, 2013, the Department
of Justice lodged a proposed Consent
Decree with the United States District
Court for the Northern District of New
York in the lawsuit entitled United
States v. Adirondack Energy Products,
Inc., et al., Civil Action No. 11-cv-213
(TJM).
The settlement relates to eight retail
gasoline service stations and/or
petroleum bulk storage stations located
in New York that are owned and
operated by the Defendants. The
Defendants include Adirondack Energy
Products, Inc.; Mountain Mart #104,
LLC; Mountain Mart #105, LLC;
Mountain Mart #106, LLC; Mountain
Mart #107, LLC; and Mountain Mart
#108, LLC.
The proposed Consent Decree
resolves claims of the United States
under the Solid Waste Disposal Act, as
amended by various laws including the
Resource Conservation and Recovery
Act related to the facilities that are the
subject of the complaint. Under the
proposed Consent Decree, the
Defendants will pay a civil penalty in
the amount of $46,000 to the United. In
addition, the Consent Decree requires
the installation of fully automated
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[Federal Register Volume 78, Number 43 (Tuesday, March 5, 2013)]
[Notices]
[Page 14358]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05017]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Clean Air Act
On February 25, 2013, the Department of Justice lodged a proposed
Consent Decree (``CD'') with the United States District Court for the
Northern District of Illinois, Eastern Division, in the lawsuit
entitled United States v. Geneva Energy, LLC, Civil Action No. 13-cv-
1448.
In this action, the United States, on behalf of the United States
Environmental Protection Agency (``EPA''), sought civil penalties and
injunctive relief, pursuant to Section 113(b) of the Clean Air Act (the
``CAA'' or ``Act''), 42 U.S.C. 7413(b), for violations related to a
tire-burning electric generating plant in Ford Heights, Illinois (the
``Facility''). The CD resolves claims against Geneva Energy, LLC,
(``Geneva Energy'') as former owner and operator of the Facility, and
NAES, Inc., (``NAES'') a contract operator at the Facility for 14
months in 2008-2009. The claims are identified in the Complaint, which
was also filed with the district court on February 25, 2013, and in
EPA's Notice and Finding of Violation issued to Geneva Energy and NAES
in 2010. The claims include allegations that Geneva Energy and NAES
violated provisions of the Clean Air Act, including: (1) The New Source
Performance Standards for Industrial Steam Generating Units; (2) the
Illinois State Implementation Plan; and (3) numerous emissions
limitations and operating requirements governed by the Facility's
construction permit.
The CD requires Geneva Energy to: (1) Permanently shut down the
Facility; (2) request that Illinois EPA withdraw all air and water
permits and pending permit applications related to the Facility; and
(3) surrender its sulfur dioxide emissions allowances. The CD does not
require Geneva Energy to pay a civil penalty due to its inability to
pay, as determined through a financial analysis. NAES will pay a civil
penalty of $185,000.
The publication of this notice opens a period for public comment on
the Consent Decree. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division,
Environmental Enforcement Section and should refer to United States v.
Geneva Energy, LLC, D.J. Ref. No. 90-5-2-1-10155. All comments must be
submitted no later than thirty (30) days after the publication date of
this notice. Comments may be submitted either by email or by mail:
------------------------------------------------------------------------
To submit comments: Send them to:
------------------------------------------------------------------------
By e-mail......................... pubcomment-ees.enrd@usdoj.gov.
By mail........................... Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, D.C. 20044-7611.
------------------------------------------------------------------------
During the public comment period, the Consent Decree may be
examined and downloaded at this Justice Department Web site: https://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy
of the Consent Decree upon written request and payment of reproduction
costs. Please mail your request and payment to: Consent Decree Library,
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
Please enclose a check or money order for $8.00 (25 cents per page
reproduction cost) payable to the United States Treasury.
Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2013-05017 Filed 3-4-13; 8:45 am]
BILLING CODE 4410-15-P
