[Federal Register Volume 75, Number 157 (Monday, August 16, 2010)]
[Notices]
[Pages 49947-49948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20114]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean Air
Act
Notice is hereby given that on August 6, 2010, a proposed Consent
Decree in United States v. Premix, Inc., Civil Action No. 1:10-cv-
01732-DAP was lodged with the United States District Court for the
Northern District of Ohio.
In this action, the United States sought injunctive relief and
assessment of civil penalties for various violations under the Clean
Air Act (``CAA''), 42
[[Page 49948]]
U.S.C. 7401 et seq., at a plant owned and operated by Premix, Inc.
(``Premix'') in North Kingsville, Ohio. Specifically, the complaint
filed by the United States alleges violations of (1) Emission limits
set forth in Ohio Administrative Code (``OAC'') 3745-21-07(g)(2), which
is part of the federally enforceable Ohio State Implementation Plan
(``Ohio SIP'') for volatile organic compounds; (2) emission limits in
the permit-to-install issued to Premix pursuant to OAC 3745-31-
05(A)(3), which is also part of the Ohio SIP; (3) various record
keeping and reporting requirements set forth in the permit issued to
Premix pursuant to Title V of the CAA, 33 U.S.C. 7661-7661f; and (4) an
information request issued by the U.S. Environmental Protection Agency
(``EPA'') pursuant to Section 114 of the CAA, 33 U.S.C. 7414. Under the
proposed Consent Decree, Premix is required to operate an emission
control system (``ECS'') that meets and exceeds applicable emission
limits under the Ohio SIP, Premix's permit-to-install and Title V
permit. Premix shall demonstrate compliance with such emission limits
by monitoring control parameters that EPA shall establish based upon
the demonstrated performance of the ECS. Finally, the proposed
settlement will also require Premix to pay a civil penalty of $400,000.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the
proposed 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. Premix, Inc., D.J. Ref. 90-5-2-1-09272.
The proposed Consent Decree may be examined at the Office of the
United States Attorney, 801 West Superior Avenue, Suite 400, Cleveland,
Ohio, and at U.S. EPA Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604. During the public comment period, the proposed Consent
Decree may also be examined on the following Department of Justice
website, too: http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy
of the proposed 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 $12.25
(25 cents per page reproduction cost) 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 Katz,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2010-20114 Filed 8-13-10; 8:45 am]
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