[Federal Register Volume 67, Number 206 (Thursday, October 24, 2002)]
[Notices]
[Pages 65361-65362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27071]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Under 28 CFR 50.7, notice is hereby given that on October 2, 2002, 
a proposed Consent Decree in United States v. Agri Energy, L.L.C., 
Broin and Associates, Inc., and Broin Management, L.L.C., (``Agri-
Energy'') Civil Action No. CV02-3787 MJD/JGL was lodged with the United 
States District Court for the District of Minnesota.
    In this action the United States sought to resolve claims against 
the owners and operators of an ethanol dry mill in Luverne, Minnesota, 
pursuant to section 113(b) of the Clean Air Act (``Act''), 42 U.S.C. 
7413(b) (1983), amended by, 42 U.S.C. 7413(b) (Supp. 1991). The United 
States sought injunctive relief and civil penalties for violations of 
the Prevention of Significant Deterioration (``PSD'') provisions of the 
Act and regulations promulgated thereunder. In addition, the Compliant 
alleges that the plant is in violation of the New Source Performance 
Standards (``NSPS''), 40 CFR part 60, Subparts Db, Dc, DD, Kb, and VV; 
National Emission Standards for Hazardous Air Pollutants (``NESHAP''), 
40 CFR part 63, pursuant to sections 112(d) and 112(g) of the Act; and 
the Minnesota state implementation plan (``SIP'') which incorporates 
and/or implements the above-listed federal regulations. Under the 
proposed settlement, Agri-Energy will install air pollution control 
technology, comply with new, more stringent emission limits, and pay a 
civil penalty of $31,598. The Minnesota Pollution Control Agency has 
joined in the settlement as a signatory to the Consent Decree.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Agri-
Energy Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, PO Box 
7611, U.S. Department of Justice, Washington, D.C. 20044-7611, and 
should refer to: United States v. Agri-Energy, L.L.C., Broin and 
Associates, Inc., and Broin Management, L.L.C., D.J. Ref. 90-5-2-1-
07784.

[[Page 65362]]

    The Consent Decree may be examined at the Office of the Attorney 
General, NCL Towers Suite 900, 445 Minnesota Street, St. Paul, MN 
55101-2127, and at U.S. EPA Region 5, 77 West Jackson Blvd., Chicago, 
IL 60604. A copy of the Consent Decree may also be obtained by mail 
from the Consent Decree Library, PO box 7611, U.S. Department of 
Justice, Washington, D.C. 20044-7611 or by faxing a request to Tonia 
Fleetwood, fax no. (202) 514-0097, phone confirmation number (202) 514-
1547. In requesting a copy, please enclose a check in the amount of 
$13.75 (25 cents per page reproduction cost) payable to the U.S. 
Treasury.

William Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 02-27071 Filed 10-23-02; 8:45 am]
BILLING CODE 4410-15-M