[Federal Register Volume 77, Number 3 (Thursday, January 5, 2012)]
[Notices]
[Pages 517-518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33821]


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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 non-catalytic reduction system (SNCR) for NO<INF>X</INF> 
at five cement kilns. The proposed consent decree also requires testing 
a selective catalytic reduction system (SCR) for NO<INF>X</INF> control 
at two cement kilns. If the SCR tests are unsuccessful, Essroc will 
apply SNCR at each of the kilns. For controlling SO<INF>2</INF>, 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 <a href="/cdn-cgi/l/email-protection#cfbfbaadaca0a2a2aaa1bbe2aaaabce1aaa1bdab8fbabcaba0a5e1a8a0b9"><span class="__cf_email__" data-cfemail="bcccc9dedfd3d1d1d9d2c891d9d9cf92d9d2ced8fcc9cfd8d3d692dbd3ca">[email protected]</span></a> 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

[[Page 518]]

proposed 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'' (<a href="/cdn-cgi/l/email-protection#d5909086969196baa5acfb909b879195a0a6b1babffbb2baa3"><span class="__cf_email__" data-cfemail="ade8e8feeee9eec2ddd483e8e3ffe9edd8dec9c2c783cac2db">[email protected]</span></a>), 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 
$21.50 (25 cents per page reproduction cost) payable to the U.S. 
Treasury or, if requesting by email or fax, please forward a check in 
that amount to the Consent Decree Library at the address given above.

Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2011-33821 Filed 1-4-12; 8:45 am]
BILLING CODE 4410-15-P


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