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

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Published

January 22, 2025

Issuing agencies

Justice Department

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<title>Federal Register, Volume 90 Issue 13 (Wednesday, January 22, 2025)</title>
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[Federal Register Volume 90, Number 13 (Wednesday, January 22, 2025)]
[Notices]
[Page 7706]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01392]


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DEPARTMENT OF JUSTICE


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

    On January 14, 2025, the Department of Justice lodged a proposed 
Modification to a Consent Decree with the United States District Court 
for the Northern District of Ohio, in the lawsuit entitled United 
States v. Buckeye Egg Farm, LLC., et al, Civil Action No. 3:03-CV-0768 
(2004 N.D. OH).
    In 2004, EPA and DOJ entered into a Consent Decree (``CD'') with 
the inter-related predecessors of Ohio Fresh Eggs, LLC (``OFE'') to 
resolve Clean Air Act (``CAA'') violations at several of defendants' 
barns in Ohio that house egg-laying chickens. The CD required OFE, 
which had purchased the facilities, to install particulate matter 
(``PM'') control equipment and implement best management practices to 
reduce ammonia emissions. In 2017, the lessee of OFE's facilities 
requested termination of the CD. EPA conducted an inspection of the 
facilities and found numerous violations of the CD. The proposed 
Modification amends the CD to resolve these violations by providing 
alternative injunctive relief approved by EPA that will achieve the 
emission reduction goals of the CD and requiring payment of $5,816,250 
in penalties for violations of CD requirements to install and operate 
emissions controls and to submit quarterly reports.
    The publication of this notice opens a period for public comment on 
the proposed Modification of the Consent Decree. Comments should be 
addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, and should refer to United States v. Buckeye Egg 
Farm, LLC et al., D.J. Ref. No. 90-5-2-1-07262. 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#95e5e0f7f6faf8f8f0fbe1b8f0f0e6bbf0fbe7f1d5e0e6f1faffbbf2fae3"><span class="__cf_email__" data-cfemail="5c2c293e3f3331313932287139392f7239322e381c292f383336723b332a">[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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    Any comments submitted in writing may be filed by the United States 
in whole or in part on the public court docket without notice to the 
commenter.
    During the public comment period, the Modification of the 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>. If you require 
assistance accessing the Modification of the Consent Decree, you may 
request assistance by email or by mail to the addresses provided above 
for submitting comments.

Patricia McKenna,
Deputy Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2025-01392 Filed 1-21-25; 8:45 am]
BILLING CODE 4410-15-P


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