[Federal Register Volume 86, Number 8 (Wednesday, January 13, 2021)]
[Notices]
[Pages 2698-2699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00541]


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DEPARTMENT OF JUSTICE


Lodging of Proposed First Amendment To Consent Decree Under the 
Clean Air Act

    On January 5, 2021, the Department of Justice lodged a proposed 
First Amendment to Consent Decree with the United States District Court 
for the

[[Page 2699]]

Eastern District of Pennsylvania in the lawsuit entitled United States, 
et al. v. Lehigh Cement Company LLC and Lehigh White Cement Company, 
LLC, Civil Action No. 5:19-cv-05688-JFL.
    On December 3, 2019, the United States and seven states and state 
or local agencies filed a Complaint alleging violations of the Clean 
Air Act, its regulations, and related state provisions at one or more 
of eleven Portland cement facilities owned or operated by Lehigh and 
Lehigh White Cement Company, LLC (``Lehigh White''). One of these 
facilities is located in Mitchell, Indiana (the ``Mitchell facility''), 
and is owned and/or operated by Lehigh. The Mitchell facility is the 
subject of this amendment.
    Simultaneously with filing the Complaint, the United States lodged 
a Consent Decree. The Consent Decree requires, inter alia, installation 
of emissions control technology for nitrogen oxides 
(``NO<INF>X</INF>'') and sulfur dioxide (SO<INF>2</INF>''), emissions 
monitoring systems, and specified NO<INF>X</INF> and SO<INF>2</INF> 
emission limits (except that the emission limit for SO<INF>2</INF> at 
the Cupertino, CA facility will be established through a testing 
program). On November 19, 2020, following public comment, the Court 
approved and entered the Consent Decree.
    The First Amendment would modify two dates contained in the Consent 
Decree relating to the Mitchell facility: (1) Extend by two months the 
date for electing between two injunctive relief measures (either 
building a new kiln or kilns or retrofitting the existing kilns), and 
(2) extend the deadline for retrofitting the one of the existing kilns 
by four months, should Lehigh choose that option. The First Amendment 
would also revise the Consent Decree to make building the new kiln(s) 
the default option, should Lehigh fail to meet the deadline for 
selecting between building a new kiln(s) and retrofitting the existing 
kilns. The First Amendment does not revise any deadlines relating to 
any of the other ten cement facilities subject to the Consent Decree, 
or make any changes other than those described above.
    The publication of this notice opens a period for public comment on 
the First Amendment to Consent Decree. Comments should be addressed to 
the Assistant Attorney General, Environment and Natural Resources 
Division, and should refer to United States, et al. v. Lehigh Cement 
Company LLC and Lehigh White Cement Company, LLC, Civil Action No. 
5:19-cv-05688-JFL, D.J. Ref. No. 90-5-2-1-08531/1. All comments must be 
submitted no later than thirty (30) days after the publication date of 
this notice. Comments may be submitted either by email or by mail:

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         To submit comments:                     Send them to:
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By email............................  <a href="/cdn-cgi/l/email-protection#32424750515d5f5f575c461f5757411c575c4056724741565d581c555d44"><span class="__cf_email__" data-cfemail="b6c6c3d4d5d9dbdbd3d8c29bd3d3c598d3d8c4d2f6c3c5d2d9dc98d1d9c0">[email protected]</span></a>.
By mail.............................  Assistant Attorney General,
                                      U.S. DOJ--ENRD,
                                      P.O. Box 7611,
                                      Washington, DC 20044-7611.
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    During the public comment period, the First Amendment to Consent 
Decree may be examined and downloaded at this Justice Department 
website: https://www.justice.gov/enrd/consent-decrees. We will provide 
a paper copy of the First Amendment to Consent Decree upon written 
request and payment of reproduction costs. Please mail your request and 
payment to: Consent Decree Library, U.S. DOJ--ENRD P.O. Box 7611, 
Washington, DC 20044-7611.
    Please enclose a check or money order for $1.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Patricia McKenna,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2021-00541 Filed 1-12-21; 8:45 am]
BILLING CODE 4410-15-P


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