[Federal Register Volume 76, Number 34 (Friday, February 18, 2011)]
[Notices]
[Pages 9609-9610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3671]


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DEPARTMENT OF JUSTICE


Notice of Proposed Consent Decree Under the Clean Air Act

    Notice is hereby given that on February 14, 2011, a proposed 
Consent Decree in United States et al. v. Merced Power LLC, Civil 
Action No. 1:11-cv-00241, was lodged with the United States District 
Court for the Eastern District of California.
    The Consent Decree in this Clean Air Act enforcement action 
resolves allegations by the Environmental Protection Agency and the San 
Joaquin Valley Unified Air Pollution Control District (``District''), 
asserted in a complaint filed together with the Consent Decree, under 
Section 113(b) of the Clean Air Act, 42 U.S.C. 7413(b), for alleged 
environmental violations at defendant's biomass electric generating 
facilities in Merced, California. The violations include, among others, 
a failure to: Comply with numerous conditions contained in Federally 
enforceable permits issued for the facility, including those related to 
emissions of pollutants; install and operate required pollution control 
technology; undertake periodic equipment testing; and to submit 
required reports. The proposed Consent Decree would require defendant 
to install additional emissions monitoring equipment at their facility, 
pay a total of $492,000 in civil penalties to the United States and the 
District, and comply with permit conditions or face stipulated 
penalties during approximately two years following court approval of 
the consent decree.
    The Department of Justice will receive comments relating to the 
proposed Consent Decree for a period of thirty (30) days from the date 
of this publication. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
either e-mailed to <a href="/cdn-cgi/l/email-protection#86f6f3e4e5e9ebebe3e8f2abe3e3f5a8e3e8f4e2c6f3f5e2e9eca8e1e9f0"><span class="__cf_email__" data-cfemail="88f8fdeaebe7e5e5ede6fca5ededfba6ede6faecc8fdfbece7e2a6efe7fe">[email protected]</span></a> or mailed to P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to the matter as United States et al. v. Merced Power LLC, DOJ 
Ref. No. 90-5-2-1-09903.
    The proposed Consent Decree may be examined at the following 
Regional Office of the United States Environmental Protection Agency: 
Region 9, 75 Hawthorne Street, San Francisco, California 94105. The 
Consent Decree may also be examined at the Office of the United States 
Attorney, 501 I Street, Suite 10-100, Sacramento, California 95814.
    During the public comment period, the proposed agreement may also 
be examined on the following Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. Copies of the proposed 
agreement 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 
(<a href="/cdn-cgi/l/email-protection#176378797e7639717b7272636078787357626473787d39707861"><span class="__cf_email__" data-cfemail="41352e2f28206f272d242435362e2e25013432252e2b6f262e37">[email protected]</span></a>), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting from the Consent Decree Library a 
copy of the consent decree, please enclose a check payable to the U.S. 
Treasury in the amount of $14.50 (25 cents per page

[[Page 9610]]

reproduction cost) payable to the U.S. Treasury.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2011-3671 Filed 2-17-11; 8:45 am]
BILLING CODE 4410-15-P


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