[Federal Register Volume 75, Number 157 (Monday, August 16, 2010)]
[Notices]
[Pages 49947-49948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20114]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean Air 
Act

    Notice is hereby given that on August 6, 2010, a proposed Consent 
Decree in United States v. Premix, Inc., Civil Action No. 1:10-cv-
01732-DAP was lodged with the United States District Court for the 
Northern District of Ohio.
    In this action, the United States sought injunctive relief and 
assessment of civil penalties for various violations under the Clean 
Air Act (``CAA''), 42

[[Page 49948]]

U.S.C. 7401 et seq., at a plant owned and operated by Premix, Inc. 
(``Premix'') in North Kingsville, Ohio. Specifically, the complaint 
filed by the United States alleges violations of (1) Emission limits 
set forth in Ohio Administrative Code (``OAC'') 3745-21-07(g)(2), which 
is part of the federally enforceable Ohio State Implementation Plan 
(``Ohio SIP'') for volatile organic compounds; (2) emission limits in 
the permit-to-install issued to Premix pursuant to OAC 3745-31-
05(A)(3), which is also part of the Ohio SIP; (3) various record 
keeping and reporting requirements set forth in the permit issued to 
Premix pursuant to Title V of the CAA, 33 U.S.C. 7661-7661f; and (4) an 
information request issued by the U.S. Environmental Protection Agency 
(``EPA'') pursuant to Section 114 of the CAA, 33 U.S.C. 7414. Under the 
proposed Consent Decree, Premix is required to operate an emission 
control system (``ECS'') that meets and exceeds applicable emission 
limits under the Ohio SIP, Premix's permit-to-install and Title V 
permit. Premix shall demonstrate compliance with such emission limits 
by monitoring control parameters that EPA shall establish based upon 
the demonstrated performance of the ECS. Finally, the proposed 
settlement will also require Premix to pay a civil penalty of $400,000.
    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 P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States v. Premix, Inc., D.J. Ref. 90-5-2-1-09272.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, 801 West Superior Avenue, Suite 400, Cleveland, 
Ohio, and at U.S. EPA Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. During the public comment period, the proposed Consent 
Decree may also be examined on the following Department of Justice 
website, too: 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 requesting a copy from the 
Consent Decree Library, please enclose a check in the amount of $12.25 
(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.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2010-20114 Filed 8-13-10; 8:45 am]
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