Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices 517 

the New Mexico State Parks Division 

approximately 715 acres of land 

adjacent to the City of Rocks State Park 

in Grant County, New Mexico to further 

offset natural resource losses at the mine 

sites. Finally, Freeport-McMoRan will 

reimburse the Department of Interior’s 

remaining unpaid past natural resource 

damage assessment costs, which amount 

to $59,750.99. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Freeport-McMoRan 

Consent Decree. Comments should be 

addressed to the Assistant Attorney 

General, Environment and Natural 

Resources Division, and either emailed 

to pubcomment-ees-enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States and State of New Mexico v. 

Freeport-McMoran Corp. et al., Case No. 

1:11–cv–1140 (D. N.M.), D.J. Ref. 90–11– 

3–08069. 

During the public comment period, 

the Freeport-McMoRan Consent Decree 

may also be examined on the following 

Department of Justice Web site: http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Freeport-McMoRan 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 emailing 

a request to ‘‘Consent Decree Copy’’ 

(EESCDCopy.ENRD@usdoj.gov), fax no. 

(202) 514–0097, phone confirmation 

number (202) 514–5271. If requesting a 

copy from the Consent Decree Library 

by mail, please enclose a check in the 

amount of $14.75 (25 cents per page 

reproduction cost) payable to the U.S. 

Treasury or, if requesting by email or 

fax, forward a check in that amount to 

the Consent Decree Library at the 

address given above. 

Ronald G. Gluck, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2011–33803 Filed 1–4–12; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

Notice is hereby given that on 

December 29, 2011, a proposed Consent 

Decree (‘‘Decree’’) in United States and 

State of Rhode Island v. Ashland, Inc., 

et al., Civil Action No. 11–558, was 

lodged with the United States District 

Court for the District of Rhode Island. 

The Decree resolves claims of the 

United States and the State of Rhode 

Island pursuant to Sections 106 and 107 

of the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (‘‘CERCLA’’), 42 U.S.C. 9606, 9607, 

against seven parties in connection with 

the Davis Liquid Waste Superfund Site 

located in Smithfield, Rhode Island 

(‘‘Site’’). The Decree requires the settling 

defendants to perform the remedial 

action selected in the Amended Record 

of Decision (‘‘Amended ROD’’) issued 

on September 20, 2010. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Decree. Comments should 

be addressed to the Assistant Attorney 

General, Environmental and Natural 

Resources Division, and either emailed 

to pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States and State of Rhode Island v. 

Ashland, Inc., et al., Civil Action No. 

11–558, D.J. Ref. 90–11–2–137/3. 

During the public comment period, 

the Consent Decree also may be 

examined on the following Department 

of Justice Web site: http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

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 emailing a request to ‘‘Consent 

Decree Copy’’ 

(EESCDCopy.ENRD@usdoj.gov), fax no. 

(202) 514–0097, phone confirmation 

number (202) 514–5271. If requesting a 

copy from the Consent Decree Library, 

please enclose a check in the amount of 

$71.00 (25 cents per page reproduction 

cost) payable to the U.S. Treasury or, if 

by email or fax, forward a check in that 

amount to the Consent Decree Library at 

the address given above. If requesting a 

copy exclusive of exhibits, please 

enclose a check in the amount of $17.00. 

Ronald Gluck, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 2011–33804 Filed 1–4–12; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Air Act 

Notice is hereby given that on 

December 29, 2011, a proposed consent 

decree in United States, et al. v. Essroc 

Cement Company, Civil Action No. 

2:11–cv–0650–DSC was lodged with the 

United States District Court for the 

Western District of Pennsylvania. 

In this action the United States and 

Indiana, Pennsylvania, Puerto Rico and 

West Virginia sought injunctive relief 

and civil penalties for violations of the 

following statutory and regulatory 

requirements of the Clean Air Act (the 

‘‘Act’’) at Essroc cement plants: the 

Prevention of Significant Deterioration 

(‘‘PSD’’) provisions of the Act, 42 U.S.C. 

7470 to 7492; the nonattainment New 

Source Review (‘‘nonattainment NSR’’) 

provisions of the Act, 42 U.S.C. 7501 to 

7515; the federally-approved and 

enforceable state implementation plans, 

or SIPs, which incorporate and/or 

implement the above-listed Federal PSD 

and/or nonattainment NSR 

requirements; and, Title V of the Act, 42 

U.S.C. 7661 to 7661f, and Title V’s 

implementing Federal and state 

regulations. The proposed consent 

decree requires installation and 

continuous operation of a selective noncatalytic reduction system (SNCR) for 

NOX at five cement kilns. The proposed 

consent decree also requires testing a 

selective catalytic reduction system 

(SCR) for NOX control at two cement 

kilns. If the SCR tests are unsuccessful, 

Essroc will apply SNCR at each of the 

kilns. For controlling SO2, Essroc will 

install a Dry Scrubber/Lime Injection 

system at seven cement kilns. Two 

cement kilns, under the proposed 

settlement, will be permanently retired. 

As mitigation for violations under the 

Act, Essroc will replace old engines in 

several off-road vehicles at its facilities. 

Essroc will also pay a civil penalty of 

$1.7 million, with 50 percent ($850,000) 

payable to the United States and the 

remander allocated among the four 

states. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the proposed consent decree. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, and either emailed to 

pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States, et al. v. Essroc Cement Company, 

Civil Action No. 2:11–cv–0650–DSC (DJ 

No. 90–5–2–1–09608). 

During the public comment period, 

the proposed consent decree, may also 

be examined on the following 

Department of Justice Web site, http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 


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