[Federal Register Volume 78, Number 43 (Tuesday, March 5, 2013)]
[Notices]
[Page 14358]
From the Federal Register Online via the Government Publishing 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......................... [email protected].
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]
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