81 FR 11591 - Notice of Lodging of Proposed Consent Decree Under the Clean Air Act

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 43 (March 4, 2016)

[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Notices]
[Pages 11591-11592]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04721]


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DEPARTMENT OF JUSTICE


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

    On February 26, 2016, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Northern 
District of California in the lawsuit entitled United States and North 
Coast Unified Air Quality Management District v. Blue Lake Power, LLC, 
Civil Action No. 3:16-cv-00961.
    The United States and the North Coast Unified Air Quality 
Management District (``District'') filed this lawsuit under the Clean 
Air Act. The complaint seeks injunctive relief and civil penalties for 
violations of the Clean Air Act's Prevention of Significant 
Deterioration provisions, 42 U.S.C. 7470-92, and the North Coast 
Unified Air Quality Management District Rules at Defendant Blue Lake 
Power, LLC's biomass-fired electric generating plant in Blue Lake, 
California. Specifically, the complaint alleges that, when defendant 
restarted the plant in 2010, it failed to obtain appropriate permits 
and failed to install and operate required pollution control devices to 
reduce emissions of carbon monoxide (CO), oxides of nitrogen 
(NOX), and/or particulate matter with a diameter of 10 
microns (PM10) at its facility.
    The proposed consent decree requires the defendant to perform 
injunctive relief and pay a $5,000 civil penalty to be shared between 
the United States and the District. The defendant is required to 
install and operate pollution control equipment at its facility, meet 
emission limitations for CO, NOX, and PM10, and 
adopt operational procedures to reduce additional emissions of 
particulate matter from the facility. In addition, Blue Lake Power will 
contribute $10,000 to the District's wood stove replacement program in 
order to mitigate the adverse effects of past particulate matter 
emissions from the facility.
    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 and North Coast Unified Air Quality 
Management District v. Blue Lake Power LLC, D.J. Ref. No. 90-5-2-1-
11038. 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 e-mail.........................  [email protected].
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 consent decree may be 
examined and downloaded at this Justice Department Web site: http://

[[Page 11592]]

www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the 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 $11.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2016-04721 Filed 3-3-16; 8:45 am]
 BILLING CODE 4410-15-P