[Federal Register Volume 77, Number 51 (Thursday, March 15, 2012)]
[Notices]
[Page 15392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6226]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Judgment Under the Clean Air Act

    Notice is hereby given that on March 7, 2012, a proposed Consent 
Judgment (``Consent Judgment'') in United States v. 110 Sand Co., et 
al., No. CV-09-4209, was lodged with the United States District Court 
for the Eastern District of New York.
    In this action the United States, on behalf of the Environmental 
Protection Agency (``EPA''), brought claims under the Clean Air Act, as 
amended, 42 U.S.C. 7401 et seq. (hereinafter, ``CAA'' or the ``Act''), 
against Defendants 110 Sand Company, C. Broman Transportation Corp., 
Farmingdale Sand Corp., and Broad Hollow Estates, Inc. (collectively, 
``Defendants''). Defendants owned and operated a demolition and debris 
landfill located in Suffolk County at 136 Bethpage-Spagnoli Road 
Melville, New York. Defendants receive at the landfill construction and 
demolition debris, including wallboard, which contains gypsum. The 
decay of gypsum produces landfill gases, including hydrogen sulfide 
gas. The landfill then collects its hydrogen sulfide emissions through 
the use of a landfill gas collection system, and combusts the hydrogen 
sulfide through a flare, producing sulfur dioxide. The Complaint 
asserts claims against Defendants for penalties and injunctive relief 
under Section 113(b) of the Act, 42 U.S.C. 7413(b), for violation of 
the Prevention of Significant Deterioration provisions of the Act, CAA 
Sec. Sec.  165-169, 42 U.S.C. 7470-7492, and for causing violations of 
the National Ambient Air Quality Standards for hydrogen sulfide and 
sulfur dioxide.
    The Consent Judgment provides for, among other things: (1) The 
continued operation and maintenance of state-of-the-art pollution 
control technology that Defendants installed following enforcement 
efforts by the United States and during the pendency of this lawsuit; 
(2) compliance with emissions limitations; (3) the continued operation 
of monitoring equipment; (4) the maintenance and continued operation of 
the Landfill's gas collection system; and (5) payment of a civil 
penalty of $150,000.
    The Department of Justice will receive for a period of 30 days from 
the date of this publication comments relating to the Consent Judgment. 
Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, and either emailed 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 v. 110 Sand Co., et al., D.J. Ref. 90-5-2-1-08944.
    During the public comment period, the Consent Judgment 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 
Judgment 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 emailing a request to ``Consent Decree Copy'' 
([email protected]), fax no. (202) 514-0097, phone confirmation 
number (202) 514-5271. If requesting a copy from the Consent Decree 
Library by mail, please enclose a check in the amount of $5.00 (25 
cents per page reproduction cost) payable to the U.S. Treasury or, if 
requesting by email or fax, forward a check in that amount to the 
Consent Decree Library at the address given above.

Ronald G. Gluck,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2012-6226 Filed 3-14-12; 8:45 am]
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