Notice of Lodging of Proposed Consent Decree Under The Clean Air Act

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Published

September 15, 2021

Issuing agencies

Justice Department

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<title>Federal Register, Volume 86 Issue 176 (Wednesday, September 15, 2021)</title>
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[Federal Register Volume 86, Number 176 (Wednesday, September 15, 2021)]
[Notices]
[Page 51385]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19921]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under The Clean Air 
Act

    On September 9, 2021, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Southern 
District of Illinois in the lawsuit entitled United States v. Center 
Ethanol Company, LLC, Case No. 3:21-cv-01115.
    The United States filed a Complaint seeking civil penalties and 
injunctive relief from Defendant Center Ethanol Company, LLC (``Center 
Ethanol'') for alleged violations of the Clean Air Act, 42 U.S.C. 7401-
7671q, at its former ethanol production facility in Sauget, Illinois 
(the ``Facility''). Among other things, the United States alleges that 
Center Ethanol has violated statutory and regulatory requirements 
limiting volatile organic compound emissions from the Facility, leak 
detection and repair (``LDAR'') monitoring requirements, as well as air 
pollution control efficiency requirements under Center Ethanol's 2006 
Construction Permit for the Facility.
    When the Complaint was filed, the United States also lodged a 
proposed Consent Decree that would settle the claims asserted in the 
Complaint. Because Center Ethanol has shut down the Facility, the 
proposed Consent Decree contains provisions related to its shutdown and 
deactivation. If Center Ethanol reactivates the Facility, the Consent 
Decree would require that Center Ethanol implement appropriate 
injunctive relief to control air pollutant emissions from the Facility, 
including an LDAR compliance and mitigation program. The Consent Decree 
also assess a $20,000 civil penalty based on a determination that 
Center Ethanol has a limited ability to pay.
    The publication of this notice opens a period for public comment on 
the proposed Consent Decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States v. Center Ethanol Company, LLC, D.J. 
Ref. No. 90-5-2-1-12078. All comments must be submitted no later than 
thirty (30) days after the publication date of this notice. Comments 
may be submitted either by email or by mail:

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         To submit comments:                     Send them to:
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By email............................  <a href="/cdn-cgi/l/email-protection#25555047464a4848404b51084040560b404b5741655056414a4f0b424a53"><span class="__cf_email__" data-cfemail="e4949186878b8989818a90c9818197ca818a9680a49197808b8eca838b92">[email&#160;protected]</span></a>.
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    During the public comment period, the proposed Consent Decree may 
be examined and downloaded at this Justice Department website: <a href="https://www.justice.gov/enrd/consent-decrees">https://www.justice.gov/enrd/consent-decrees</a>.
    We will provide a paper copy of the proposed Consent Decree upon 
written request and payment of reproduction costs. Please mail your 
request and payment to: Consent Decree Library, U.S. DOJ--ENRD, P.O. 
Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $18.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Patricia A. McKenna,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2021-19921 Filed 9-14-21; 8:45 am]
BILLING CODE 4410-15-P


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