[Federal Register Volume 76, Number 40 (Tuesday, March 1, 2011)]
[Notices]
[Pages 11280-11281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4519]


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DEPARTMENT OF JUSTICE


Notice of Lodging of an Amendment to Consent Decree Under the 
Clean Air Act

    Notice is hereby given that on February 14, 2011, a proposed 
Amendment to the consent decree in United States et al. v. Lafarge 
North America, et al., Civil Action No. 3:10-cv-44-JPG was lodged with 
the United States District Court for the Southern District of Illinois.
    On March 18, 2010, the United States District Court for the 
Southern District of Illinois entered a consent decree (``decree'') 
resolving claims of the United States and twelve states or state 
agencies against Lafarge North America, Inc.'s, Lafarge Midwest, 
Inc.'s, and Lafarge Building Materials, Inc.'s (``Lafarge's'') for 
alleged violations of the Clean Air Act (``CAA'' or ``Act'') at its 
thirteen portland cement production facilities in the United States. 
Specifically, the consent decree resolved alleged violations of the 
Act's Prevention of Significant Deterioration (``PSD'') provisions, 42 
U.S.C. 7470-92; Nonattainment New Source Review (``NNSR'') provisions, 
42 U.S.C. 7501-15; the federally approved and enforceable state 
implementation plans (``SIPs'') which incorporate and/or implement the 
above-listed Federal PSD and/or NNSR requirements; and the CAA Title V 
operating permit requirements, 42 U.S.C. 7661-61f, including Title V's 
implementing federal and state regulations. Among other requirements, 
the consent decree requires Lafarge to install and continuously operate 
two wet flue gas desulfurization devices (``Wet FGDs'') to control 
SO<INF>2</INF> emissions from Kilns 22 and 23 at Lafarge's Alpena, 
Michigan cement production facility.
    The proposed Amendment to the decree allows Lafarge the option of 
installing a single Wet FGD to control combined SO<INF>2</INF> 
emissions from both Kilns 22 and 23 at its Alpena, Michigan cement 
production facility, rather than the two Wet FGDs required by the 
decree. In addition, the proposed Amendment requires Lafarge to: (1) 
Install single Wet FGD three months earlier than currently required in 
the decree for one of the Alpena cement kilns; (2) design the Wet FGD 
to collect the combined SO<INF>2</INF> emissions from both Kilns 22 and 
23 at Lafarge's Alpena facility; and (3) develop a malfunction 
abatement plan, subject to EPA and state approval under the decree, 
intended to minimize emissions in the event of a malfunction of each 
Wet FGD at Ravena and Alpena. These requirements ensure

[[Page 11281]]

that the proposed Amendment to the decree will achieve equivalent or 
better emission reductions for SO<INF>2</INF> than those currently 
required.
    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 e-mailed to <a href="/cdn-cgi/l/email-protection#6d1d180f0e0200000803194008081e4308031f092d181e090207430a021b"><span class="__cf_email__" data-cfemail="e4949186878b8989818a90c9818197ca818a9680a49197808b8eca838b92">[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. Lafarge North America, et al., Civil 
Action No. 3:10-cv-44-JPG, DJ<greek-i> 90-5-2-1-08221.
    The proposed Amendment to the consent decree may be examined at the 
Office of the United States Attorney, Southern District of Illinois, 
Nine Executive Drive, Fairview Heights, Illinois 62208-1344 (contact 
Assistant United States Attorney J. Christopher Moore (618) 628-3700)), 
and at U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, IL 60604-3590 (contact Associate Regional Counsel 
Louise Gross (312/886-6844)). During the public comment period, the 
proposed Consent Decree, may also be examined on the following 
Department of Justice Web site, to http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the 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 e-
mailing a request to Tonia Fleetwood (<a href="/cdn-cgi/l/email-protection#8afee5e4e3eba4ece6efeffefde5e5eecafff9eee5e0a4ede5fc"><span class="__cf_email__" data-cfemail="196d76777078377f757c7c6d6e76767d596c6a7d7673377e766f">[email protected]</span></a>), 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 $4.50 (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 stated address.

Maureen M. Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2011-4519 Filed 2-28-11; 8:45 am]
BILLING CODE 4410-15-P


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