Notice of Lodging of Consent Decree Under the Clean Air Act, 14358 [2013-05017]

Download as PDF 14358 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] emcdonald on DSK67QTVN1PROD with NOTICES BILLING CODE 7020–02–P VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 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: http:// 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 E:\FR\FM\05MRN1.SGM 05MRN1

Agencies

[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:

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        To submit comments:                     Send them to:
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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.
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    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department Web site: http://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