[Federal Register Volume 73, Number 105 (Friday, May 30, 2008)]
[Notices]
[Page 31146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12037]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Clean Air Act
Notice is hereby given pursuant to the Clean Air Act (the ``Act''),
42 U.S.C. 7413(g), and 28 CFR 50.7, that on May 15, 2008, a proposed
Consent Decree, in United States v. Michigan Sugar Co., Civil No. 08-
12125 (E.D. Mich.), was lodged with the United States District Court
for the Eastern District of Michigan, Bay City, Michigan Division. In
this action, the United States sought injunctive relief and civil
penalties against Michigan Sugar for violations of the Prevention of
Significant Deterioration (``PSD'') provisions of the Act, 42 U.S.C.
7470-7492, and the Plan Requirements for Nonattainment Areas (``NSR'')
of the Act, 42 U.S.C. 7501-7515, and the federally approved and
enforceable Michigan SIP. Michigan Sugar commenced construction of a
new natural gas-fired Pulp Dryer No. 3 at its Bay City Facility in 1984
without obtaining a PSD permit that addressed carbon monoxide (``CO'')
emissions as required by section 165 of the Act, 42 U.S.C. 7475, 40 CFR
52.21(I), and the Michigan SIP. At the same time, because Bay County
was nonattainment for ozone, Michigan Sugar failed to obtain an NSR
permit that addressed volatile organic compounds (``VOC'') emissions,
as required by section 173 of the Act, 42 U.S.C. 7503, and R 336.1201
of the Michigan Air Pollution Control Rules that are part of the
federally enforceable Michigan SIP. Further, in 1995, Michigan Sugar
increased its annual hours of operation at its Bay City facility beyond
the federally enforceable permit conditions for all its Pulp Dryers,
Nos. 1, 2, and 3, triggering emissions increases, without obtaining a
PSD permit addressing CO emissions, and an NSR permit addressing VOC
emissions as required by the Act, federal regulations and the Michigan
SIP.
Under the Consent Decree, Michigan Sugar shall: (1) Operate and
maintain a Steam Dryer (or alternative non-air pollutant emitting sugar
beet pulp drying technology) for processing sugar beet pulp at its Bay
City Facility; (2) permanently shut down and decommission its three
natural gas-fired Pulp Dryers on a schedule that commenced in December
2007 and will end in May 2014; (3) submit application(s) for a Title V
permit modification and/or other appropriate permits under the Act for
its Bay City Facility and cooperate fully with Michigan Department of
Environmental Quality (``MDEQ'') officials processing the
application(s); (4) comply with terms and conditions of the MDEQ
approved permit(s); and, (5) pay a civil penalty of $210,000.
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, and
either e-mailed to [email protected] or mailed to United
States Department of Justice, P.O. Box 7611, Washington, DC 20044-7611,
and should refer to United States v. Michigan Sugar Co., Civil No. 08-
12125 (E.D. Mich.), and DOJ Reference No. 90-5-2-1-08726.
The proposed Consent Decree may be examined at: (1) The Office of
the United States Attorney for the Eastern District of Michigan, Bay
City, Michigan Division, 101 First St., Suite 200, Bay City, MI 48708
(989-895-5712); and (2) the United States Environmental Protection
Agency (Region 5), 77 West Jackson Blvd., Chicago, IL 60604-3507
(contact: Nidhi O'Meara (312-886-0568).
During the public comment period, the proposed Consent Decree may
also be examined on the following U.S. 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, U.S. Department of Justice, P.O. Box 7611, Washington, DC
20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood
([email protected]), fax no. (202) 514-0097, phone confirmation
no. (202) 514-1547. In requesting a copy from the Consent Decree
Library, please refer to the referenced case and DOJ Reference Number
and enclose a check in the amount of $9.25 for the Consent Decree and
Appendix A (37 pages, at 25 cents per page reproduction costs), made
payable to the U.S. Treasury or, if by email or fax, forward a check in
that amount to the Consent Decree Library at the stated address.
William D. Brighton,
Environmental Enforcement Section, Environment and Natural Resources
Division.
[FR Doc. E8-12037 Filed 5-29-08; 8:45 am]
BILLING CODE 4410-15-P