Notice of Lodging of Consent Decree Under the Clean Air Act, 53903 [E8-21638]

Download as PDF Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Notices Jonathan Lasher, Counsel to the Inspector General United States Postal Service Phone Number: (703) 248–2100 PCIE/ECIE Liaison—Agapi Doulaveris (703) 248–2286 Vacant, Deputy Inspector General Elizabeth Martin, Assistant Inspector General, General Counsel Gladis Griffith, Deputy Assistant Inspector General, General Counsel Ron Stith, Assistant Inspector General, Mission Support Mary Demory, Deputy Assistant Inspector General for Mission Support David Sidransky, Chief Information Officer Timothy Barry, Assistant Inspector General for Investigations Lance Carrington, Deputy Assistant Inspector General for Investigations— Field Operations LaVan Griffith, Deputy Assistant Inspector General for Headquarters Gordon Milbourn, Assistant Inspector General for Audits Robert Batta, Deputy Assistant Inspector General for Mission Operations John Cihota, Deputy Assistant Inspector General for Audits—Financial Accountability Darrell Benjamin, Deputy Assistant Inspector General for Audits— Support Operations Tammy Whitcomb, Deputy Assistant Inspector General for Audits— Revenue and Systems Dated: September 11, 2008. Thomas R. Moyle, Acting Assistant Inspector General, Department of Interior and Chair, Human Resources Committee, PCIE. [FR Doc. E8–21660 Filed 9–16–08; 8:45 am] BILLING CODE 3110–01–P DEPARTMENT OF JUSTICE pwalker on PROD1PC71 with NOTICES Notice of Lodging of Consent Decree Under the Clean Air Act In accordance with Departmental policy, 28 CFR 50.7, notice is hereby given that on September 8, 2008, a proposed consent decree (‘‘Consent Decree’’) in United States v. St. Marys Cement Inc. (U.S.) and St. Barbara Cement Inc., Civil Action No. 3:08–CV– 50199, was lodged with the United States District Court for the Northern District of Illinois, Western Division. In this action, brought against St. Marys Cement Inc. (U.S.) and St. Barbara Cement Inc. (‘‘collectively ‘‘Defendants’’) pursuant to sections 113(b) and 167 of the Clean Air Act (‘‘the Act’’), 42 U.S.C. 7413(b) and 7477, VerDate Aug<31>2005 17:38 Sep 16, 2008 Jkt 214001 the United States has sought injunctive relief and the assessment of civil penalties for violations of the Prevention of Significant Deterioration (‘‘PSD’’) provisions of the Act, 42 U.S.C. 7470–92, and the PSD regulations incorporated into the federally approved and enforceable Illinois State Implementation Plan (‘‘the SIP’’) at a Portland cement plant located in or near Dixon, Illinois (‘‘Facility’’). The United States’ complaint alleges, among other things, that the Facility’s prior owner and/or operator, CEMEX Central Plains Cement LLC (‘‘CEMEX’’), conducted a major modification of the Facility and that thereafter CEMEX and the Defendants, after they became the owner (St. Barbara Cement Inc.) and operator (St. Marys Cement Inc. (U.S.)) of the Facility, operated the Facility as modified without obtaining a PSD permit authorizing the major modification and without installing the best available technology to control emissions of nitrogen oxides (‘‘NOX’’), as required by the Act and the SIP. The proposed consent decree would resolve the civil claims of the United States alleged in the complaint and in a Notice of Violation and Finding of Violation and a Notice of Violation issued by the U.S. Environmental Protection Agency, as well as any civil liability of CEMEX’s successor for these same violations. The proposed consent decree would require, among other things, that the Defendants: Have installed emission controls (selective non-catalytic reduction) at three of the Facility’s kilns and achieve specified NOX emission limits by April 30, 2009; permanently retire a fourth kiln; install NOX continuous emissions monitoring systems to measure NOX emissions at the Facility’s kilns; apply for appropriate permits or permit modifications to incorporate various requirements of the consent decree; and pay a civil penalty to the United States in the amount of $800,000.00. If the Defendants elect to build a new kiln to replace the retired kiln, the proposed consent decree establishes specific limitations and conditions governing the use of any NOX emission credits from the shutdown of the kiln, including specific requirements that would apply to any new kiln. 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, Environment and Natural Resources Division, and either e-mailed to pubcomment-ees@usdoj.gov or mailed to P.O. Box 7611, United States PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 53903 Department of Justice, Washington, DC 20044–7611, and should refer to United States v. St. Marys Cement Inc. and St. Barbara Cement Inc., D.J. Ref. 90–5–2– 1–08782. The consent decree may be examined at the Office of the United States Attorney, 308 West State Street, Suite 300, Rockford, Illinois 61101. During the public comment period, the consent decree may also be examined on the following Justice Department 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 $12.00 (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 stated address. William D. Brighton, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E8–21638 Filed 9–16–08; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request September 10, 2008. The Department of Labor (DOL) hereby announces the submission of the following public information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104–13, 44 U.S.C. chapter 35). A copy of this ICR, with applicable supporting documentation; including among other things a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained from the RegInfo.gov Web site at https://www.reginfo.gov/ public/do/PRAMain or by contacting Darrin King on 202–693–4129 (this is not a toll-free number)/e-mail: DOL_PRA_PUBLIC@dol.gov. Interested parties are encouraged to send comments to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the E:\FR\FM\17SEN1.SGM 17SEN1

Agencies

[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Notices]
[Page 53903]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21638]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that on September 8, 2008, a proposed consent decree 
(``Consent Decree'') in United States v. St. Marys Cement Inc. (U.S.) 
and St. Barbara Cement Inc., Civil Action No. 3:08-CV-50199, was lodged 
with the United States District Court for the Northern District of 
Illinois, Western Division.
    In this action, brought against St. Marys Cement Inc. (U.S.) and 
St. Barbara Cement Inc. (``collectively ``Defendants'') pursuant to 
sections 113(b) and 167 of the Clean Air Act (``the Act''), 42 U.S.C. 
7413(b) and 7477, the United States has sought injunctive relief and 
the assessment of civil penalties for violations of the Prevention of 
Significant Deterioration (``PSD'') provisions of the Act, 42 U.S.C. 
7470-92, and the PSD regulations incorporated into the federally 
approved and enforceable Illinois State Implementation Plan (``the 
SIP'') at a Portland cement plant located in or near Dixon, Illinois 
(``Facility''). The United States' complaint alleges, among other 
things, that the Facility's prior owner and/or operator, CEMEX Central 
Plains Cement LLC (``CEMEX''), conducted a major modification of the 
Facility and that thereafter CEMEX and the Defendants, after they 
became the owner (St. Barbara Cement Inc.) and operator (St. Marys 
Cement Inc. (U.S.)) of the Facility, operated the Facility as modified 
without obtaining a PSD permit authorizing the major modification and 
without installing the best available technology to control emissions 
of nitrogen oxides (``NOX''), as required by the Act and the 
SIP.
    The proposed consent decree would resolve the civil claims of the 
United States alleged in the complaint and in a Notice of Violation and 
Finding of Violation and a Notice of Violation issued by the U.S. 
Environmental Protection Agency, as well as any civil liability of 
CEMEX's successor for these same violations. The proposed consent 
decree would require, among other things, that the Defendants: Have 
installed emission controls (selective non-catalytic reduction) at 
three of the Facility's kilns and achieve specified NOX 
emission limits by April 30, 2009; permanently retire a fourth kiln; 
install NOX continuous emissions monitoring systems to 
measure NOX emissions at the Facility's kilns; apply for 
appropriate permits or permit modifications to incorporate various 
requirements of the consent decree; and pay a civil penalty to the 
United States in the amount of $800,000.00. If the Defendants elect to 
build a new kiln to replace the retired kiln, the proposed consent 
decree establishes specific limitations and conditions governing the 
use of any NOX emission credits from the shutdown of the 
kiln, including specific requirements that would apply to any new kiln.
    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, Environment and Natural Resources Division, and either e-
mailed to pubcomment-ees@usdoj.gov or mailed to P.O. Box 7611, United 
States Department of Justice, Washington, DC 20044-7611, and should 
refer to United States v. St. Marys Cement Inc. and St. Barbara Cement 
Inc., D.J. Ref. 90-5-2-1-08782.
    The consent decree may be examined at the Office of the United 
States Attorney, 308 West State Street, Suite 300, Rockford, Illinois 
61101. During the public comment period, the consent decree may also be 
examined on the following Justice Department 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 $12.00 (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 stated address.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E8-21638 Filed 9-16-08; 8:45 am]
BILLING CODE 4410-15-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.