5576 Federal Register / Vol. 69, No. 24 / Thursday, February 5, 2004 / Notices 

in cleaning up the Site under an earlier 

Consent Decree. The settling parties will 

pay the Respondent Group a total of 

$38,782.55. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Consent Decree. 

Comments should be addressed to the 

Assistant Attorney General of the 

Environment and Natural Resources 

Division, Department of Justice, P.O. 

Box 7611, Washington, DC 20044, and 

should refer to United States v. A–L 

Processors, f.k.a. Atlas-Leaderer Co., et 

al., D.J. Ref. 90–11–3–279B. 

The Consent Decree may be examined 

at the Office of the United States 

Attorney, Southern District of Ohio, 

Federal Building Room 602, 200 West 

Second Street, Dayton, Ohio, or at the 

Region 5 Office of the Environmental 

Protection Agency, 77 West Jackson 

Street, Chicago, Illinois 60604–3590. 

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/open.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 emailing a request to Tonia Fleetwood 

(tonia.fleetwood@usdoj.gov), 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 

$5.75 (23 pages at 25 cents per page 

reproduction cost) payable to the U.S. 

Treasury.

William Brighton, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division.

[FR Doc. 04–2316 Filed 2–4–04; 8:45 am] 

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Amended 

Consent Decree Under the Clean Air 

Act 

In accordance with 28 CFR 50.7, 

notice is hereby given that on January 

22, 2004, a proposed Consent Decree in 

United States v. Ace Ethanol, L.L.C.

(‘‘Ace Ethanol’’) Civil Action No. 04 C 

0034 S, was lodged with the United 

States District Court for the Western 

District of Wisconsin. 

In a complaint filed simultaneously 

with the lodging of the proposed 

Consent Decree, the United States and 

the State of Wisconsin (‘‘Plaintiffs’’) 

asserted claims on behalf of the U.S. 

Environmental Protection Agency 

(‘‘EPA’’) and the Wisconsin Department 

of Natural Resources (‘‘WDNR’’) against 

the owners and operators of an ethanol 

mill in Stanley, Wisconsin, pursuant to 

section 113(b) of the Clean Air Act 

(‘‘Act’’), 42 U.S.C. § 7413(b). Plaintiffs 

sought injunctive relief and civil 

penalties for violations of the 

Prevention of Significant Deterioration 

(‘‘PSD’’) provisions of the Act and 

regulations promulgated thereunder; 

New Source Performance Standards 

(‘‘NSPS’’), 40 CFR part 60, subparts Db, 

Dc, Kb, and VV; National Emission 

Standards for Hazardous Air Pollutants 

(‘‘NESHAP’’), 40 CFR part 63; and the 

Wisconsin State implementation plan. 

In the proposed Consent Decree, Ace 

Ethanol agrees, among other things, to 

install a regenerative thermal oxidizer to 

control volatile organic compound 

(‘‘VOC’’), particulate, and carbon 

monoxide emissions from its dryer; 

achieve at least 95 percent removal of 

VOCs; meet a stringent limit on nitrogen 

oxide (‘‘NOX’’) emissions from its gas 

boilers and a new, plant-wide cap on 

hazardous air pollutant emissions; 

implement programs to reduce 

emissions during loading and transport 

operations and to manage dust on roads 

at the facility; comply with various 

monitoring and record-keeping 

requirements; apply for a PSD permit 

from the WDNR; and pay a civil penalty 

of over $300,000 to the State. 

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, P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to: United 

States v. Ace Ethanol, L.L.C., D.J. Ref. 

90–5–2–1–08176. 

The proposed Consent Decree may be 

examined at the Office of the United 

States Attorney for the Western District 

of Wisconsin, Suite 303, City Station, 

660 West Washington Avenue, Madison, 

Wisconsin 53703, 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/open/

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 (tonia.fleetwood@usdoj.gov), 

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 $10.50 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury.

William D. Brighton, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division.

[FR Doc. 04–2315 Filed 2–4–04; 8:45 am] 

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Partial Consent 

Decree Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

Under 28 CFR 50.7, notice is hereby 

given that on January 27, 2004, a 

proposed Amended Consent Decree in 

United States v. Central Maine Power 

Company, Civil Action No. 90–302B, 

was lodged with the United States 

District Court for the District of Maine. 

On September 3, 1991, the United 

States District Court for the District of 

Maine entered a Consent Decree 

between the United States and Central 

Maine Power Company (‘‘CMP’’). In the 

Consent Decree, CMP agreed to perform 

the remedy selected in a 1989 Record of 

Decision (‘‘1989 ROD’’) for the F. 

O’Connor Superfund Site (‘‘Site’’). 

Subsequently discovered conditions at 

the Site resulted in a determination by 

the United States Environmental 

Protection Agency (‘‘EPA’’) and the 

Maine Department of Environmental 

Protection (‘‘Maine DEP’’), that it would 

be technically impracticable to restore 

the groundwater at the Site to drinking 

water standards within a reasonable 

period of time. 

Following issuance of a proposed 

plan and public comment period, EPA 

signed a 2002 Record of Decision 

Amendment (‘‘2002 ROD Amendment’’) 

to address the changes to the 1989 ROD. 

The 2002 ROD Amendment included 

active and passive oil recovery, longterm groundwater monitoring, a fiveyear review, and a restrictive covenant 

between CMP and the Maine DEP which 

prevents use of the Site groundwater. 

The 2002 ROD amendment also 

addressed minor changes and 

clarifications to the original 1989 

remedy for source control. With 

necessary changes in the remedy, EPA 

is amending the 1991 Consent Decree 

and its Appendix II, Remedial Design/

Remedial Action Statement of Work to 

make these documents consistent with 

the changes, and provide enforcement