[Federal Register Volume 71, Number 3 (Thursday, January 5, 2006)]
[Notices]
[Page 618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-82]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    In accordance with 28 CFR 50.7, notice is hereby given that on 
December 21, 2005, a proposed Consent Decree in United States v. MGP 
Ingredients of Illinois, Inc. (``MGP''), Civil Action No. 05-1395, was 
lodged with the United States District Court for the Central District 
of Illinois.
    In Complaints filed simultaneously with the lodging of the proposed 
Consent Decree, the United States and the State of Illinois 
(``Plaintiffs'') asserted claims on behalf of the U.S. Environmental 
Protection Agency (``U.S. EPA'') and the Illinois Environmental 
Protection Agency (``IEPA'') against the owners and operators of an 
ethanol dry mill in Pekin, Illinois, pursuant to Section 113(b) of the 
Clean Air Act (``Act''), 42 U.S.C. 7413(b). Plaintiffs sought 
injunctive relief and civil penalties for violations of the Prevention 
of Significant Deterioration (``PSD'') Provisions of the Act and 
regulations promulgated thereunder; New Source Performance Standards 
(``NSPS''), 40 CFR Part 60, subpart VV; and the Illinois state 
implementation plan.
    In the proposed Consent Decree, MGP agrees, among other things, to 
install new equipment that includes a thermal oxidizer to control 
volatile organic compound (``VOC''), particulate, and carbon monoxide 
(``CO'') emissions from its dryer; achieve at least 95 percent removal 
of VOCs; meet stringent limits on CO, particulate matter, and 
NOX emissions; implement a program to reduce emissions 
during loading and transport operations and to manage dust on roads at 
the facility; comply with various monitoring and record-keeping 
requirements; apply for a revised operating permit from IEPA; and pay a 
civil penalty of $171,800, half to the United States and half to the 
State.
    The Department of Justice will receive comments relating to the 
proposed Consent Decree for a period of thirty (30) days from the date 
of publication. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, P.O. Box 7611, 
U.S. Department of Justice, Washington, D.C. 20044-7611, and should 
refer to: United States v.  MGP Ingredients of Illinois, Inc., D.J. 
Ref. 90-5-2-1-08180.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney for the Central District of Illinois, Peoria 
Division, One Technology Plaza, 211 Fulton Street, Suite 400, Peoria, 
Illinois 61602, and at U.S. EPA Region 5, 77 West Jackson Blvd., 
Chicago, IL 60604. During the pubic comment period the proposed Consent 
Decree may also be examined on the llowing Department of Justice Web 
site, http://www.usdoj.gov/enrd/open.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 $11.00 (25 cents per 
page reproduction cost) payable to the U.S. Treasury.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 06-82 Filed 1-4-06; 8:45 am]
BILLING CODE 4410-15-M