Notice of Lodging of Consent Decree Under the Clean Air Act, 59818 [06-8574]

Download as PDF 59818 Federal Register / Vol. 71, No. 196 / Wednesday, October 11, 2006 / Notices Dated: October 4, 2006. Lynn Bryant, Department Clearance Officer, PRA, Department of Justice. [FR Doc. E6–16723 Filed 10–10–06; 8:45 am] BILLING CODE 4410–AT–P DEPARTMENT OF JUSTICE pwalker on PRODPC60 with NOTICES Notice of Lodging of Consent Decree Under the Clean Air Act Notice is hereby given that on August 24, 2006, a proposed Consent Decree in United States of America and the Michigan Department of Environmental Quality v. CEMEX, Inc., St. Mary’s Cement Inc. (U.S.), and St. Barbara Cement, Inc., Civil Action No. 1:06–CV– 0607, was lodged with the United States District Court for the Western District of Michigan. In this action the United States sought injunctive relieve and civil penalties for violations for the Clean Air Act that occurred at the portland cement manufacturing facility located in 16000 Bell Bays Road, in Charlevoix, Michigan, which was owned and operated by CEMEX, Inc. prior to March 31, 2005, and owned by St. Barbara Cement Inc. and operated by St.Marys Cement Inc. (U.S.) on and after March 31, 2005. The complaint alleges that CEMEX Inc. failed to control and limit particulate matter (dust) emissions, failed to perform required compliance monitoring, and failed to comply with various other requirements government operation of portland cement manufacturing plants. The proposed consent decree resolves all violations alleged in the complaint. Among other things, the consent decree requires CEMEX Inc. to pay a civil penalty of $1,359,422 to the United States and the State of Michigan and requires St. Marys and St. Barbara to install a baghouse filtering system, which is estimated to cost in excess of $11 million, to remedy the ongoing emissions violations. In addition, the consent decree requires the defendants to spend at least $6.2 million on the installation of a new indirect firing system for the facility’s kiln, which is expected to substantially reduce emissions of particulate matter, sulfur dioxide, and nitrogen oxides. The Department of Justice will receive, for a period of thirty (30) days from the date of this publication, comments relating to the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environmental and Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC VerDate Aug<31>2005 16:53 Oct 10, 2006 Jkt 211001 20044–7611, and should refer to United States, et al. v. CEMEX, et al., D.J. Ref. 90–5–2–1–08077. The Consent Decree may be examined at the Office of the United States Attorney, Fifth Floor, 330 Ionia NW., Grand Rapids, MI. During the public comment period, the Consent Decree may also be examined on the following Department of Justice Web site, https:// 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 (tonia.fleetwood@usdoj.gov), 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 $50.50 (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 state address. In requesting a copy exclusive of exhibits, please enclose a check in the amount of $10.00 (25 cents per page reproduction cost) payable to the U.S. Treasury. Margaret M. Chiara, United States Attorney. W. Francesca Ferguson, Assistant United States Attorney, Western District of Michigan. [FR Doc. 06–8574 Filed 10–10–06; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE [AAG/A Order No. 016–2006] Privacy Act of 1974; Systems of Records United States Trustee Program, Department of Justice. ACTION: Notice of modifications to current systems of records and establishment of a new system of records. AGENCY: SUMMARY: Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a) and Office of Management and Budget Circular No. A–130, the United States Trustee Program (USTP), Department of Justice, proposes to modify the following existing Privacy Act systems of records: JUSTICE/UST–001, ‘‘Bankruptcy Case Files and Associated Records’’ (last substantively revised on March 4, 2004, at 69 FR 10255; as amended June 15, 2004, 69 FR 33403); JUSTICE/UST–002, ‘‘Bankruptcy Trustee Oversight Records’’ (last substantively revised on PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 March 4, 2004, at 69 FR 10255; as amended June 15, 2004, 69 FR 33403); JUSTICE/UST–003, ‘‘U.S. Trustee Program Timekeeping Records’’ (last substantively revised on March 4, 2004, at 69 FR 10255; as amended June 15, 2004, 69 FR 33403); and JUSTICE/UST– 004, ‘‘U.S. Trustee Program Case Referral System’’ (last substantively revised on March 4, 2004, at 69 FR 10255; as amended June 15, 2004, 69 FR33403). In addition, the USTP proposes to establish a new system of records entitled, JUSTICE/UST–005, ‘‘Credit Counseling and Debtor Education Files and Associated Records.’’ The modified system notices and the new system notice are published in their entirety below. These actions will be effective November 20, 2006. DATES: For information regarding these changes and for general information regarding the USTP’s Privacy Act systems, contact Sue Ann Slates, FOIA/Privacy Counsel, Executive Office for United States Trustees (EOUST), at (202) 307–1399. FOR FURTHER INFORMATION CONTACT: On April 20, 2005, amendments to the Bankruptcy Code, 11 U.S.C. 101, et seq., were enacted that took effect on October 17, 2005. Under the new provisions, all individual debtors are required to receive credit counseling and a budget analysis from a USTP approved nonprofit budget and credit counseling agency within 180 days prior to filing a bankruptcy petition. Also, an individual debtor is required to take a personal financial management course from a USTP approved debtor education provider before receiving a bankruptcy discharge. The United States Trustees approve credit counseling and debtor education providers after determining their qualifications meet the standards set forth in the Bankruptcy Code and agency regulations. Accordingly, a new system of records is needed to cover applicants seeking to be USTP approved and reapproved providers of credit counseling and debtor education services under the Bankruptcy Code, as well as individuals who submit complaints and comments to the USTP regarding such providers. The records in this system will be used, among other things, to assist the EOUST and United States Trustees to assess the qualifications of credit counseling and debtor education applicants and providers, ensure compliance with the statutory and regulatory requirements, and collect and maintain complaints and comments submitted by individuals. SUPPLEMENTARY INFORMATION: E:\FR\FM\11OCN1.SGM 11OCN1

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[Federal Register Volume 71, Number 196 (Wednesday, October 11, 2006)]
[Notices]
[Page 59818]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8574]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Notice is hereby given that on August 24, 2006, a proposed Consent 
Decree in United States of America and the Michigan Department of 
Environmental Quality v. CEMEX, Inc., St. Mary's Cement Inc. (U.S.), 
and St. Barbara Cement, Inc., Civil Action No. 1:06-CV-0607, was lodged 
with the United States District Court for the Western District of 
Michigan.
    In this action the United States sought injunctive relieve and 
civil penalties for violations for the Clean Air Act that occurred at 
the portland cement manufacturing facility located in 16000 Bell Bays 
Road, in Charlevoix, Michigan, which was owned and operated by CEMEX, 
Inc. prior to March 31, 2005, and owned by St. Barbara Cement Inc. and 
operated by St.Marys Cement Inc. (U.S.) on and after March 31, 2005. 
The complaint alleges that CEMEX Inc. failed to control and limit 
particulate matter (dust) emissions, failed to perform required 
compliance monitoring, and failed to comply with various other 
requirements government operation of portland cement manufacturing 
plants.
    The proposed consent decree resolves all violations alleged in the 
complaint. Among other things, the consent decree requires CEMEX Inc. 
to pay a civil penalty of $1,359,422 to the United States and the State 
of Michigan and requires St. Marys and St. Barbara to install a 
baghouse filtering system, which is estimated to cost in excess of $11 
million, to remedy the ongoing emissions violations. In addition, the 
consent decree requires the defendants to spend at least $6.2 million 
on the installation of a new indirect firing system for the facility's 
kiln, which is expected to substantially reduce emissions of 
particulate matter, sulfur dioxide, and nitrogen oxides.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
Consent Decree. Comments should be addressed to the Assistant Attorney 
General, Environmental and Natural Resources Division, P.O. Box 7611, 
U.S. Department of Justice, Washington, DC 20044-7611, and should refer 
to United States, et al. v. CEMEX, et al., D.J. Ref. 90-5-2-1-08077.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Fifth Floor, 330 Ionia NW., Grand Rapids, MI. During 
the public comment period, the Consent Decree may also be examined on 
the following Department of Justice Web site, https://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 (tonia.fleetwood@usdoj.gov), 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 $50.50 (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 state address. In 
requesting a copy exclusive of exhibits, please enclose a check in the 
amount of $10.00 (25 cents per page reproduction cost) payable to the 
U.S. Treasury.


Margaret M. Chiara,
United States Attorney.
W. Francesca Ferguson,
Assistant United States Attorney, Western District of Michigan.
[FR Doc. 06-8574 Filed 10-10-06; 8:45 am]
BILLING CODE 4410-15-M
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