[Federal Register Volume 76, Number 104 (Tuesday, May 31, 2011)]
[Notices]
[Page 31362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13352]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Amendment to Consent Decree Under 
the Clean Air Act

    Notice is hereby given that on May 18, 2011, a proposed Consent 
Decree, pertaining to United States v. City of Wyandotte, No. 2-11-cv-
12181, was lodged with the United States District Court for the Eastern 
District of Michigan.
    In this action, the United States seeks civil penalties and 
injunctive relief for violations of Section 113(b) of the Clean Air Act 
(``CAA''), 42 U.S.C. 7413(b), at a power plant owned and operated by 
the City, and located at 2555 Van Alstyne St., Wyandotte, Wayne County, 
Michigan. Specifically, the Complaint alleges that the Defendant 
violated the emission limits established in: (1) An operating permit 
issued to the Defendant by the State of Michigan pursuant to Sections 
501-507 of the Clean Air Act (``CAA''), 42 U.S.C. 7661-7661f; a 
Prevention of Significant Deterioration permit issued to the Defendant 
by the State of Michigan pursuant to CAA Sections 160-169, 42 U.S.C. 
7470-7479; the New Source Performance Standards established pursuant to 
CAA Section 111, 42 U.S.C. 7411; and the federally enforceable Michigan 
State Implementation Plan that was prepared and adopted pursuant to CAA 
Section 110, 42 U.S.C. 7411.
    The proposed Consent Decree would require the City to pay a civil 
penalty of $112,000, perform a supplemental environmental project at an 
estimated cost of $210,000, and install new emission controls and 
implement operational practices to reduce emissions. The compliance 
program would consist of two phases, with the second phase being 
required only if the first proves insufficient.
    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 [email protected] or mailed to P.O. Box 7611, 
U.S. Department of Justice, Washington, DC 20044-7611, and should refer 
to United States v. City of Wyandotte, D.J. Ref. 90-5-2-1-09346. During 
the public comment period, the Consent Decree may be examined on the 
following Department of Justice Web site: http://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 ([email protected]), 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 $13.25 (25 cents per page reproduction cost), 
for the consent decree alone, or in the amount of $13.75 (for the 
consent decree and its appendix) 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 M. Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2011-13352 Filed 5-27-11; 8:45 am]
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