[Federal Register Volume 75, Number 164 (Wednesday, August 25, 2010)]
[Notices]
[Pages 52371-52372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21036]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under The Clean Air Act

    Notice is hereby given that on August 12, 2010, a proposed Consent 
Decree in United States v. RP Baking, LLC. Civil Action No. 2:10-cv-
04139-SDW-MCA, was filed with the United States District Court for the 
District of New Jersey. In this action, the United States sought 
penalties and injunctive relief for the Defendant's violations of the 
Clean Air Act, 42 U.S.C. 7413(b), and for violations of the federally 
enforceable New Jersey State Implementation Plan, at a facility in 
Harrison, Hudson County, New Jersey.
    To resolve the United States' claims, the Defendant will pay a 
penalty of $210,000 to the United States and the State of New Jersey, 
and propose physical changes and/or upgrades to the oxidizer, a 
pollution control device, to come into compliance with the New Jersey 
State Implementation Plan's emission limits for volatile organic 
compounds. If the performance test performed after physical changes/
upgrades demonstrates non-compliance, the Consent Decree requires the 
Defendant to pay an additional $50,000 civil penalty and to propose 
further upgrades/changes to the oxidizer or possibly request an 
alternate emission limit from both EPA and the NJDEP.
    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, 
Environment and Natural Resources Division, and either e-mailed to

[[Page 52372]]

<a href="/cdn-cgi/l/email-protection#6a1a1f08090507070f041e470f0f19440f04180e2a1f190e0500440d051c"><span class="__cf_email__" data-cfemail="3747425554585a5a5259431a525244195259455377424453585d19505841">[email protected]</span></a> or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
either: United States v. RP Baking, LLC, Civil Action No. 2:10-cv-
04139-SDW-MCA, or D.J. Ref. No. 90-5-2-1-09318/1. The Consent Decree 
may be examined at the Office of the United States Attorney, District 
of New Jersey, 970 Broad Street, Room 502, Newark, New Jersey 07102, 
and at the United States Environmental Protection Agency, 290 Broadway 
New York, New York 10007-1866. During the public comment period, the 
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 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#aedac1c0c7cf80c8c2cbcbdad9c1c1caeedbddcac1c480c9c1d8"><span class="__cf_email__" data-cfemail="dfabb0b1b6bef1b9b3babaaba8b0b0bb9faaacbbb0b5f1b8b0a9">[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, payable to the U.S. 
Treasury, in the amount of $10.25 (25 cents per page reproduction 
cost), or, if by e-mail or fax, forward a check in the applicable 
amount to the Consent Decree Library at the stated address.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2010-21036 Filed 8-24-10; 8:45 am]
BILLING CODE 4410-15-P


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