[Federal Register Volume 71, Number 240 (Thursday, December 14, 2006)]
[Notices]
[Page 75273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9671]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Clean Air Act
(``CAA'')
In accordance with 28 CFR 50.7, notice is hereby given that on
November 29, 2006, a proposed Consent Decree in United States and State
of Illinois v. Smurfit Stone Container Enterprises, Inc.,
(``Smurfit''), Civil Action No. 06 C 6543, was lodged with the United
States District Court for the Northern District of Illinois.
In a Complaint filed on the same day as the lodging of the proposed
Consent Decree, the United States sought injunctive relief and civil
penalties for violations of: (1) The Illinois State Implementation Plan
(``SIP'') provisions governing emissions of volatile organic material
from rotogravure and flexographic printing operations codified at 35
Ill. Admin. Code parts 205 and 218; (2) applicable National Emissions
Standards for Hazardous Air Pollutants (``NESHAP'') for the printing
and publishing industry, codified at 40 CFR Part 63, Subpart KK; (3)
duty to provide information to EPA upon request pursuant to Section 114
of the CAA, 42 U.S.C. 7414; and (4) Smurfit's operating permit program
requirements pursuant to Title V of the CAA, 42 U.S.C. 7661a-7661f. The
violations alleged in the Complaint took place at Smurfit's printing
facility located at 1128 East Tower Road, Schaumburg, Illinois (the
``Facility''). On June 30, 2006, the Facility was acquired by Bluegrass
Flexible Packaging Company, LLC (``Bluegrass''). Bluegrass has also
joined the Consent Decree in which Bluegrass has accepted the
jurisdiction of the Court in this case.
In the proposed Consent Decree, Smurfit and Bluegrass agree,
jointly and severally to: (1) Install a regenerative thermal oxidizer
to destroy volatile organic material by means of high temperature
thermal oxidation to meet the Illinois SIP requirements for capture and
destruction of volatile organic matter; (2) comply with the cap and
trade requirements of the Illinois SIP by paying the Illinois
Environmental Protection Agency (EPA) $151,440.36 for Smurfit's alleged
emissions in excess of its allotment trading units; (3) comply with the
applicable SIP requirements regarding volatile organic material; and
(4) Pay $325,000 in civil penalties--half to the United States and the
other half to the State of Illinois. The Consent Decree acknowledges
that Smurfit has already installed the required regenerative thermal
oxidizer as required by the Consent Decree.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the
proposed Consent Decree. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, P.O. Box
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should
refer to United States and State of Illinois v. Smurfit Stone Container
Enterprises, Inc., D.J. Ref. 90-5-2-1-08141.
The Consent Decree may be examined at the Office of the United
States Attorney for the Northern District of Illinois, 219 South
Dearborn Street, Chicago, Illinois 60604, and at U.S. EPA Region 5, 77
West Jackson Blvd., Chicago, IL 60604. During the public comment period
the proposed 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 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
requiring a copy from the Consent Decree Library, please enclose a
check in the amount of $8.25 (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.
William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 06-9671 Filed 12-13-06; 8:45 am]
BILLING CODE 4410-15-M