[Federal Register Volume 69, Number 24 (Thursday, February 5, 2004)]
[Notices]
[Page 5576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2315]


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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. Sec. 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 (``NO<INF>X</INF>'') 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 
(<a href="/cdn-cgi/l/email-protection#0d796263646c236b616868797a6262694d787e696267236a627b"><span class="__cf_email__" data-cfemail="71051e1f18105f171d141405061e1e15310402151e1b5f161e07">[email protected]</span></a>), 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


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