[Federal Register Volume 75, Number 195 (Friday, October 8, 2010)]
[Notices]
[Pages 62421-62422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25366]


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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

[[Page 62422]]

New Source Performance Standards program by failing to maintain the 
internal floating roof on the liquid inside several storage vessels at 
the Big Stone Facility.
    The proposed Consent Decree would require Defendants to conduct all 
VOC Performance Tests for the Facilities 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 
Defendants 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 Defendants to pay a $150,000 
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 emailed 
to <a href="/cdn-cgi/l/email-protection#d4a4a1b6b7bbb9b9b1baa0f9b1b1a7fab1baa6b094a1a7b0bbbefab3bba2"><span class="__cf_email__" data-cfemail="b7c7c2d5d4d8dadad2d9c39ad2d2c499d2d9c5d3f7c2c4d3d8dd99d0d8c1">[email protected]</span></a> 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. James Valley Ethanol, LLC, Northern Lights 
Ethanol, LLC, and Poet Plant Management, D.J. Ref. 90-5-2-1-08640.
    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 (<a href="/cdn-cgi/l/email-protection#f68299989f97d8909a93938281999992b6838592999cd8919980"><span class="__cf_email__" data-cfemail="99edf6f7f0f8b7fff5fcfcedeef6f6fdd9eceafdf6f3b7fef6ef">[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 $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.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2010-25366 Filed 10-7-10; 8:45 am]
BILLING CODE 4410-15-P


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