[Federal Register Volume 65, Number 169 (Wednesday, August 30, 2000)]
[Notices]
[Pages 52787-52788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22133]


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DEPARTMENT OF JUSTICE


Lodging of Consent Decree Pursuant to the Clean Air Act

    In accordance with the policy of the Department of Justice, 28 
U.S.C. 50.7, notice is hereby given that a proposed consent decree in 
United States v. Metropolitan Council, Civ. No. 99-CV-1105 (DFW/AVB), 
was lodged with the United States District Court for the District of 
Minnesota on August 11, 2000. The action was brought by the United 
States against the Metropolitan Council, a subdivision of the State of 
Minnesota, which, among other things, operates a wastewater sewage 
treatment plant in St. Paul, Minnesota. The United State's complaint 
alleged that the Defendant violated various provisions of the Clean Air 
Act, 42 U.S.C. 7401 et seq., (``Act''), the Act's New Source 
Performance Standards, 40 CFR part 60,

[[Page 52788]]

and the State of Minnesota State Implementation Plan (``SIP'') limiting 
emissions of particulate matter from multiple hearth incinerators 
operated by the Defendant which burned sewage sludge generated from the 
wastewater treatment plant.
    Under the proposed consent decree, Metropolitan Council will 
undertake a series of compliance measures designed with the goal of 
eliminating future violations of applicable emission limitations until 
new control equipment is installed. Defendant, among other things, has 
designed and installed new dampers and seals on the incinerator's 
emergency stacks that will prevent leakage of particulate matter; will 
develop a fan alarm system; will develop and implement an operator 
training program; will develop and implement an improved operation and 
maintenance plan; and will limit the feed rate to the incinerators. In 
addition, Metropolitan Council is required to replace the existing 
multiple hearth incinerators with new fluidized bed incinerators in 
accordance with a schedule attached to the proposed decree.
    In addition to the above, Metropolitan Council has agreed to expend 
not less than $1.6 million to perform a Supplemental Environmental 
Project--the installation of a dry electrostatic precipitator--which 
will result in an additional forty percent (40%) removal of particulate 
matter from emissions. Installation of this additional control device 
is not required by the Act or the Minnesota SIP. Beyond these various 
compliance measures, Metropolitan Council will also pay a civil penalty 
of $250,000.
    The proposed consent decree may be examined at: (1) the Office of 
the United States Attorney for the District of Minnesota, United States 
Courthouse, 300 South Fourth Street, Minneapolis, MN (contact Assistant 
United States Attorney Friedrich A.P. Siekert (612-664-5600)); (2) the 
United States Environmental Protection Agency (Region 5), 77 West 
Jackson Boulevard, Chicago, Illinois 60604-3590 (contact Mary McAuliffe 
(312-886-6237)); and, (3) a copy of the proposed Consent Decree may be 
obtained by mail from the Department of Justice Consent Decree Library, 
P.O. Box 7611, Ben Franklin Station, Washington, DC 20044. When 
requesting a copy, please refer to United States v. Metropolitan 
Council, DJ #90-5-2-1-2243, and enclose a check in the amount of $8.25 
for the consent decree only (33 pages at 25 cents per page reproduction 
costs), or $10.75 for the consent decree and all appendices (43 pages), 
made payable to the Consent Decree Library.

Bruce S. Gelber,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 00-22133 Filed 8-29-00; 8:45 am]
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