[Federal Register Volume 75, Number 195 (Friday, October 8, 2010)]
[Notices]
[Page 62421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25364]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Pursuant to 28 CFR 50.7, notice is hereby given that on September 
30, 2010, a proposed Consent Decree in United States of America v. 
Dakota Ethanol, LLC, Civil Action No. 4:10-CV-04144-LLP, was lodged 
with the United States District Court for the District of South Dakota.
    The Consent Decree would resolve claims asserted by the United 
States against Dakota Ethanol, LLC pursuant to Sections 111 and 502(a) 
of the Clean Air Act (the ``Act''), 42 U.S.C. 7411 and 7661a, seeking 
injunctive relief and the assessment of civil penalties for Defendant's 
alleged violations of the Act. Dakota Ethanol, LLC owns and operates an 
ethanol production facility in Lake County, South Dakota, near 
Wentworth (the ``Facility''). The complaint alleges that Defendant 
violated the Facility's Title V operating permit by exceeding certain 
VOC emissions limits, conducting invalid testing to demonstrate 
compliance with its VOC emissions limits, and failing to timely conduct 
required VOC stack testing. The complaint also alleges that Defendant 
violated both its Title V operating permit and regulations promulgated 
pursuant to the New Source Performance Standards program by failing to 
maintain the internal floating roof on the liquid inside several 
storage vessels at the Facility.
    The proposed Consent Decree would require Dakota Ethanol, LLC to 
conduct all VOC Performance Tests in accordance with 40 CFR part 51, 
Appendix M; Method 207 and 40 CFR part 60, Appendix A; Method 18 and to 
report the results of each performance test to EPA within ninety (90) 
days. In addition, the proposed Consent Decree would require Defendant 
to apply to include the testing requirements in either a federally 
enforceable permit or request a site-specific amendment to the South 
Dakota SIP to include the requirements enumerated in the Consent Decree 
within one hundred eighty (180) days. Finally, the proposed Consent 
Decree would require Dakota Ethanol, LLC to pay a $75,000 civil 
penalty.
    The Department of Justice will receive comments relating to the 
Consent Decree for a period of thirty (30) days from the date of this 
publication. 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 of America v. Dakota Ethanol, LLC, D.J. Ref. 90-5-2-1-
08636.
    The Consent Decree may be examined at U.S. EPA Region 8, 1595 
Wynkoop Street, Denver, CO 80202. During the public comment period, the 
Consent Decree may also be examined on the following Department of 
Justice Web site, http://www.usdoj.gov/enrd/Consent Decrees.html. A 
copy of the 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 $7.00 
(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. 2010-25364 Filed 10-7-10; 8:45 am]
BILLING CODE 4410-15-P