[Federal Register Volume 71, Number 240 (Thursday, December 14, 2006)]
[Notices]
[Page 75273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9671]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act 
(``CAA'')

    In accordance with 28 CFR 50.7, notice is hereby given that on 
November 29, 2006, a proposed Consent Decree in United States and State 
of Illinois v. Smurfit Stone Container Enterprises, Inc., 
(``Smurfit''), Civil Action No. 06 C 6543, was lodged with the United 
States District Court for the Northern District of Illinois.
    In a Complaint filed on the same day as the lodging of the proposed 
Consent Decree, the United States sought injunctive relief and civil 
penalties for violations of: (1) The Illinois State Implementation Plan 
(``SIP'') provisions governing emissions of volatile organic material 
from rotogravure and flexographic printing operations codified at 35 
Ill. Admin. Code parts 205 and 218; (2) applicable National Emissions 
Standards for Hazardous Air Pollutants (``NESHAP'') for the printing 
and publishing industry, codified at 40 CFR Part 63, Subpart KK; (3) 
duty to provide information to EPA upon request pursuant to Section 114 
of the CAA, 42 U.S.C. 7414; and (4) Smurfit's operating permit program 
requirements pursuant to Title V of the CAA, 42 U.S.C. 7661a-7661f. The 
violations alleged in the Complaint took place at Smurfit's printing 
facility located at 1128 East Tower Road, Schaumburg, Illinois (the 
``Facility''). On June 30, 2006, the Facility was acquired by Bluegrass 
Flexible Packaging Company, LLC (``Bluegrass''). Bluegrass has also 
joined the Consent Decree in which Bluegrass has accepted the 
jurisdiction of the Court in this case.
    In the proposed Consent Decree, Smurfit and Bluegrass agree, 
jointly and severally to: (1) Install a regenerative thermal oxidizer 
to destroy volatile organic material by means of high temperature 
thermal oxidation to meet the Illinois SIP requirements for capture and 
destruction of volatile organic matter; (2) comply with the cap and 
trade requirements of the Illinois SIP by paying the Illinois 
Environmental Protection Agency (EPA) $151,440.36 for Smurfit's alleged 
emissions in excess of its allotment trading units; (3) comply with the 
applicable SIP requirements regarding volatile organic material; and 
(4) Pay $325,000 in civil penalties--half to the United States and the 
other half to the State of Illinois. The Consent Decree acknowledges 
that Smurfit has already installed the required regenerative thermal 
oxidizer as required by the Consent Decree.
    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, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States and State of Illinois v. Smurfit Stone Container 
Enterprises, Inc., D.J. Ref. 90-5-2-1-08141.
    The Consent Decree may be examined at the Office of the United 
States Attorney for the Northern District of Illinois, 219 South 
Dearborn Street, Chicago, Illinois 60604, 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/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 (<a href="/cdn-cgi/l/email-protection#8df9e2e3e4eca3ebe1e8e8f9fae2e2e9cdf8fee9e2e7a3eae2fb"><span class="__cf_email__" data-cfemail="21554e4f48400f474d444455564e4e45615452454e4b0f464e57">[email protected]</span></a>), fax 
no. (202) 514-0097, phone confirmation number (202) 514-1547. In 
requiring a copy from the Consent Decree Library, please enclose a 
check in the amount of $8.25 (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.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 06-9671 Filed 12-13-06; 8:45 am]
BILLING CODE 4410-15-M


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