[Federal Register Volume 78, Number 43 (Tuesday, March 5, 2013)]
[Notices]
[Page 14358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05017]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    On February 25, 2013, the Department of Justice lodged a proposed 
Consent Decree (``CD'') with the United States District Court for the 
Northern District of Illinois, Eastern Division, in the lawsuit 
entitled United States v. Geneva Energy, LLC, Civil Action No. 13-cv-
1448.
    In this action, the United States, on behalf of the United States 
Environmental Protection Agency (``EPA''), sought civil penalties and 
injunctive relief, pursuant to Section 113(b) of the Clean Air Act (the 
``CAA'' or ``Act''), 42 U.S.C. 7413(b), for violations related to a 
tire-burning electric generating plant in Ford Heights, Illinois (the 
``Facility''). The CD resolves claims against Geneva Energy, LLC, 
(``Geneva Energy'') as former owner and operator of the Facility, and 
NAES, Inc., (``NAES'') a contract operator at the Facility for 14 
months in 2008-2009. The claims are identified in the Complaint, which 
was also filed with the district court on February 25, 2013, and in 
EPA's Notice and Finding of Violation issued to Geneva Energy and NAES 
in 2010. The claims include allegations that Geneva Energy and NAES 
violated provisions of the Clean Air Act, including: (1) The New Source 
Performance Standards for Industrial Steam Generating Units; (2) the 
Illinois State Implementation Plan; and (3) numerous emissions 
limitations and operating requirements governed by the Facility's 
construction permit.
    The CD requires Geneva Energy to: (1) Permanently shut down the 
Facility; (2) request that Illinois EPA withdraw all air and water 
permits and pending permit applications related to the Facility; and 
(3) surrender its sulfur dioxide emissions allowances. The CD does not 
require Geneva Energy to pay a civil penalty due to its inability to 
pay, as determined through a financial analysis. NAES will pay a civil 
penalty of $185,000.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, 
Environmental Enforcement Section and should refer to United States v. 
Geneva Energy, LLC, D.J. Ref. No. 90-5-2-1-10155. All comments must be 
submitted no later than thirty (30) days after the publication date of 
this notice. Comments may be submitted either by email or by mail:

------------------------------------------------------------------------
        To submit comments:                     Send them to:
------------------------------------------------------------------------
By e-mail.........................  [email protected].
By mail...........................  Assistant Attorney General, U.S.
                                     DOJ--ENRD, P.O. Box 7611,
                                     Washington, D.C. 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy 
of the Consent Decree upon written request and payment of reproduction 
costs. Please mail your request and payment to: Consent Decree Library, 
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $8.00 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2013-05017 Filed 3-4-13; 8:45 am]
BILLING CODE 4410-15-P