[Federal Register Volume 66, Number 180 (Monday, September 17, 2001)]
[Notices]
[Pages 48065-48066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23168]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Clean Air Act

    In accordance with Departmental policy and 28 CFR 50.7, the 
Department of Justice gives notice that a proposed amendment to the 
Consent Decree previously approved and entered by the Court in the case 
captioned United States v. Metropolitian Council, Civil Action No. 99-
CV-1105 (D. Minn.) was lodged with the United States District Court for 
the District of Minnesota on September 4, 2001. The United States filed 
a Complaint in 1999 alleging violations of the Clean Air Act, 42 U.S.C. 
7401 et seq., by the Metropolitan Council (``Met'') at its wastewater 
treatment plant in St. Paul, Minnesota. The United States and Met 
settled those claims on terms set forth in a Consent Decree lodged with 
the Court on August 11, 2000. The court entered an Order on February 6, 
2001 approving that Consent Decree, and signed the Consent Decree on 
March 16, 2001.
    By agreement between the United States and Met, the existing 
Consent Decree would be amended to substitute a proposed Amended 
Appendix C, which would describe a modified Supplemental Environmental 
Project to be performed by Met under the Consent Decree. No other terms 
of the Consent Decree would change. The existing Appendix C to the 
Consent Decree requires that Met expend at least $1.6 million for a 
Supplemental Environmental Project to add a dry electrostatic 
precipitator to the air pollution control train of one of the new 
fluidized bed incinerators to be installed at Met's facility. The 
proposed Amended Appendix C describes an improved substitute 
Supplemental Environmental Project, requiring installation of a fabric 
filter system (rather than a dry electrostatic precipitator) to the air 
pollution control train of one of the new fluidized bed incinerators at 
Met's facility. Met and its consultants believe that the fabric filter 
technology outlined in the Amended Appendix C would result in increased 
removal of key pollutants, including particulate matter and mercury. 
Met and its consultants estimate that the total cost of the fabric 
filter technology would exceed $1.6 million, and would be approximately 
the same as the cost of a dry electrostatic precipitator. Based on its 
review of the information provided by Met, the Environmental Protection 
Agency agrees that the substitute Supplemental Environmental Project is 
appropriate.
    For a period of thirty (30) days from the date of this publication, 
the Department of Justice will receive comments relating to the 
proposed amendment to the existing Consent Decree. Comments should be 
addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, United States Department of Justice, P.O. Box 7611, 
Washington, DC 20044-7611, and should refer to United States v. 
Metropolitan Council, Civil Action No. 99-CV-1105 (D. Minn.), and DOJ 
Reference Number 90-5-2-1-2243.
    A copy of the Consent Decree and proposed Amended Appendix C to the 
Consent Decree may be examined at: (1) The Office of the United States 
Attorney for the District of Minnesota, U.S. Courthouse--Room 600, 300 
South Fourth Street, Minneapolis, Minnesota 55415 (contact Friedrich 
Siekert (612-664-5600)); and (2) the U.S. Environmental Protection 
Agency (Region 5), 77 West Jackson Boulevard, Chicago, Illinois 60604 
(contact Mary McAuliffe (312-886-6237)). Copies may also be obtained by 
mail from the Department of Justice Consent Decree Library, P.O. Box 
7611, Washington, DC 20044-7611. In requesting copies, please refer to 
the above-referenced case name and DOJ Reference Numbers, and enclose a 
check made payable to the Consent Decree Library for $9.25 for the 
Consent Decree and the proposed Amended Appendix C to the Consent 
Decree (37 pages at 25 cents per page

[[Page 48066]]

reproduction cost) or a check for $0.25 for the Amended Appendix C 
alone.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 01-23168 Filed 9-14-01; 8:45 am]
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