Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Notices 62421 

designate the presiding Administrative 

Law Judge. 

Responses to the complaint and the 

notice of investigation must be 

submitted by the named respondents in 

accordance with section 210.13 of the 

Commission’s Rules of Practice and 

Procedure, 19 CFR 210.13. Pursuant to 

19 CFR 201.16(d)–(e) and 210.13(a), 

such responses will be considered by 

the Commission if received not later 

than 20 days after the date of service by 

the Commission of the complaint and 

the notice of investigation. Extensions of 

time for submitting responses to the 

complaint and the notice of 

investigation will not be granted unless 

good cause therefor is shown. 

Failure of a respondent to file a timely 

response to each allegation in the 

complaint and in this notice may be 

deemed to constitute a waiver of the 

right to appear and contest the 

allegations of the complaint and this 

notice, and to authorize the 

administrative law judge and the 

Commission, without further notice to 

the respondent, to find the facts to be as 

alleged in the complaint and this notice 

and to enter an initial determination 

and a final determination containing 

such findings, and may result in the 

issuance of an exclusion order or a cease 

and desist order or both directed against 

the respondent. 

By order of the Commission. 

Issued: October 5, 2010. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 2010–25409 Filed 10–7–10; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Air Act 

Pursuant to 28 CFR 50.7, notice is 

hereby given that on September 30, 

2010, a proposed Consent Decree in 

United States of America v. Dakota 

Ethanol, LLC, Civil Action No. 4:10– 

CV–04144–LLP, was lodged with the 

United States District Court for the 

District of South Dakota. 

The Consent Decree would resolve 

claims asserted by the United States 

against Dakota Ethanol, LLC pursuant to 

Sections 111 and 502(a) of the Clean Air 

Act (the ‘‘Act’’), 42 U.S.C. 7411 and 

7661a, seeking injunctive relief and the 

assessment of civil penalties for 

Defendant’s alleged violations of the 

Act. Dakota Ethanol, LLC owns and 

operates an ethanol production facility 

in Lake County, South Dakota, near 

Wentworth (the ‘‘Facility’’). The 

complaint alleges that Defendant 

violated the Facility’s Title V operating 

permit by exceeding certain VOC 

emissions limits, conducting invalid 

testing to demonstrate compliance with 

its VOC emissions limits, and failing to 

timely conduct required VOC stack 

testing. The complaint also alleges that 

Defendant violated both its Title V 

operating permit and regulations 

promulgated pursuant to the New 

Source Performance Standards program 

by failing to maintain the internal 

floating roof on the liquid inside several 

storage vessels at the Facility. 

The proposed Consent Decree would 

require Dakota Ethanol, LLC to conduct 

all VOC Performance Tests in 

accordance with 40 CFR part 51, 

Appendix M; Method 207 and 40 CFR 

part 60, Appendix A; Method 18 and to 

report the results of each performance 

test to EPA within ninety (90) days. In 

addition, the proposed Consent Decree 

would require Defendant to apply to 

include the testing requirements in 

either a federally enforceable permit or 

request a site-specific amendment to the 

South Dakota SIP to include the 

requirements enumerated in the 

Consent Decree within one hundred 

eighty (180) days. Finally, the proposed 

Consent Decree would require Dakota 

Ethanol, LLC to pay a $75,000 civil 

penalty. 

The Department of Justice will receive 

comments relating to the 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 

pubcomment-ees.enrd@usdoj.gov or 

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

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States of America v. Dakota Ethanol, 

LLC, D.J. Ref. 90–5–2–1–08636. 

The Consent Decree may be examined 

at U.S. EPA Region 8, 1595 Wynkoop 

Street, Denver, CO 80202. 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 (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 $7.00 (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. 

Maureen Katz, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 2010–25364 Filed 10–7–10; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Air Act 

Pursuant to 28 CFR 50.7, notice is 

hereby given that on September 30, 

2010, a proposed Consent Decree in 

United States of America v. James 

Valley Ethanol, LLC, Northern Lights 

Ethanol, LLC, and Poet Plant 

Management, Civil Action No. 4:10– 

CV–04143–KES, was lodged with the 

United States District Court for the 

District of South Dakota. 

The Consent Decree would resolve 

claims asserted by the United States 

against James Valley Ethanol, LLC 

(‘‘James Valley’’), Northern Lights 

Ethanol, LLC (‘‘Northern Lights’’), and 

POET Plant Management (‘‘POET’’) 

pursuant to Sections 111 and 502(a) of 

the Clean Air Act (the ‘‘Act’’), 42 U.S.C. 

7411 and 7661a, seeking injunctive 

relief and civil penalties for Defendants’ 

alleged violations of the Act. 

Defendant James Valley owns an 

ethanol production facility in Brown 

County, South Dakota, near Groton (the 

‘‘Groton Facility’’) and Defendant 

Northern Lights owns an ethanol 

production facility in Grant County, 

South Dakota, near Big Stone City (the 

‘‘Big Stone Facility’’). Defendant POET 

operates both the Groton and Big Stone 

Facilities. The complaint filed by the 

United States alleges that Defendants 

James Valley and POET violated the 

Title V operating permit for the Groton 

Facility and regulations promulgated 

pursuant to the New Source 

Performance Standards program by 

failing to maintain the internal floating 

roof on the liquid inside several storage 

vessels at the Groton Facility. The 

complaint also alleges that Defendant 

Northern lights and POET violated the 

Title V operating permit for the Big 

Stone Facility by exceeding certain VOC 

emissions limits, conducting invalid 

testing to demonstrate compliance with 

its VOC emissions limits, and failing to 

install required monitoring devices. 

Finally, the complaint alleges that these 

Defendants violated both the Big Stone 

Facility’s Title V operating permit and 

regulations promulgated pursuant to the 


erowe on DSK5CLS3C1PROD with NOTICES