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]
[Pages 51384-51385]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19928]


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DEPARTMENT OF JUSTICE


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

    On September 9, 2021, the U.S. Department of Justice (DOJ) filed a 
Complaint and lodged a proposed Consent Decree with the United States 
District Court for the Eastern District of Michigan in United States of 
America and Michigan Department of Environment, Great Lakes, and Energy 
v. Arbor Hills Energy LLC No. 5:21-cv-12098.
    The proposed Consent Decree resolves several Clean Air Act and 
State law claims against Arbor Hills Energy LLC (AHE), including for 
exceedances of permitted SO<INF>2</INF> emissions limits, at AHE's 
landfill gas-to-energy facility in Northville, Michigan. The AHE 
facility converts landfill gas (LFG), which is generated by 
decomposition of waste from an adjacent landfill, into electricity by 
burning it as fuel in four gas turbines.

[[Page 51385]]

Under the settlement, by March 2023 AHE will either construct a 
renewable natural gas facility that converts LFG into pipeline quality 
natural gas and would virtually eliminate SO<INF>2</INF> emissions, or 
install a sulfur treatment system that achieves a 64 percent reduction 
in SO<INF>2</INF> emissions. Either pathway will bring AHE into 
compliance with the Clean Air Act and mitigate past excess 
SO<INF>2</INF> emissions from the AHE facility. Based on an evaluation 
of the company's limited ability to pay, AHE also will pay a civil 
penalty of $750,000, split equally between the United States and the 
State of Michigan.
    The publication of this notice opens a period for public comment on 
the proposed Consent Decree. Comments should be addressed to Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States of America and Michigan Department of 
Environment, Great Lakes, and Energy v. Arbor Hills Energy LLC, D.J. 
Ref. No. 90-5-2-1-12226. All comments must be submitted no later than 
thirty (30) days after the publication date of this notice. Comments 
may be submitted by email or mail:

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            To submit comments:                     Send them to:
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By email..................................  <a href="/cdn-cgi/l/email-protection#21515443424e4c4c444f550c4444520f444f5345615452454e4b0f464e57"><span class="__cf_email__" data-cfemail="cababfa8a9a5a7a7afa4bee7afafb9e4afa4b8ae8abfb9aea5a0e4ada5bc">[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="http://www.justice.gov/enrd/consent-decrees">http://www.justice.gov/enrd/consent-decrees</a>.
    We will provide a paper copy of the proposed Consent Decree upon 
written request and payment of the 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 $12.00 (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. 2021-19928 Filed 9-14-21; 8:45 am]
BILLING CODE 4410-15-P


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