[Federal Register Volume 67, Number 206 (Thursday, October 24, 2002)]
[Notices]
[Pages 65366-65367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27075]


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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. Pro-Corn, L.L.C., Broin 
and Associates, Inc., and Broin Management, L.L.C., Civil Action No. 
CV02-3786 PAM/RLE was lodged with the United States District Court for 
the District of Minnesota.
    In this action, the United States sought to resolve claims against 
operators of ethanol dry mills in Minnesota pursuant to Section 113(b) 
of the Clean Air Act (``Act''), 42 U.S.C. Sec.  7413(b) (1983), amended 
by, 42 U.S.C. 7413(b) (Supp. 1991). The Pro-Corn facility is located in 
Preston, Minnesota. 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 Complaint 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, Pro-Corn will install air pollution control technology, 
comply with new, more stringent emission limits, and pay a civil 
penalty of $32,828. 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 Pro-
Corn Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to: United States v. Pro-Corn, L.L.C., Broin and Associates, 
Inc., and Broin Management, L.L.C., D.J. Ref. 90-5-2-1-07784/11.
    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,

[[Page 65367]]

P.O. Box 7611, U.S. Department of Justice, Washington, DC 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 $14.25 (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. 02-27075 Filed 10-23-02; 8:45 am]
BILLING CODE 4410-15-M