[Federal Register Volume 75, Number 198 (Thursday, October 14, 2010)]
[Notices]
[Pages 63202-63203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25876]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree

    Notice is hereby given that on September 23, 2010, an electronic 
version of a proposed Consent Decree was lodged in the United States 
District Court for District of Arizona in United States v. CalPortland 
Company, No. 4:10-CV-00573-DCB. The Consent Decree settles the United 
States' claims for civil penalties and injunctive relief against 
CalPortland Company (``CPC'') based on violations of the Clean Air Act 
(the ``Act''), 42 U.S.C. 7401 et seq., and the Air Implementation Plan 
for the State of Arizona approved by EPA pursuant to the Act, in 
connection with modifications to CPC's cement manufacturing plant in 
Rillito, Arizona (the ``Facility'').
    Under the terms of the proposed Consent Decree, CPC will pay a 
civil penalty of $350,000 and will perform injunctive relief. The 
proposed decree sets forth two compliance options for

[[Page 63203]]

CPC and requires CPC to inform EPA of its choice of compliance option 
within 30 days from the effective date of the decree.
    Under Option 1, CPC will construct a new Kiln 6 as authorized by an 
Arizona Department of Environmental Quality permit within a 42-month 
time period and permanently shut down kilns 1-4 within six months of 
commencing operation of Kiln 6.
    Under Option 2, CPC will continue to operate Kilns 1 through 4 but 
will install Particulate Matter controls (enclosures, spraybars and 
upgrades to existing baghouses) and accept more stringent limits than 
those already in the permit on equipment previously modified. Option 2 
requires stricter opacity standards for some limestone storage piles, 
mill feed hoppers, and mill rejects bins. Option 2 also imposes lower 
emission limits on various baghouses and dust collectors and requires 
the installation of a bag leak detection system.
    Option 2 also requires CPC to install software to optimize the 
operation of the existing kilns, which EPA expects will lead to reduced 
fuel use and reduced combustion emissions.
    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#6a1a1f08090507070f041e470f0f19440f04180e2a1f190e0500440d051c"><span class="__cf_email__" data-cfemail="dbabaeb9b8b4b6b6beb5aff6bebea8f5beb5a9bf9baea8bfb4b1f5bcb4ad">[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 v. CalPortland Company, No. 4:10-CV-00573-DCB 
and DOJ No. 90-5-2-1-08306.
    The Consent Decree may be examined at the Office of the United 
States Attorney for the District of Arizona, 405 W. Congress Street, 
Suite 4800, Tucson, AZ 85701-5040. During the public comment period, 
the 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 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#60140f0e09014e060c050514170f0f04201513040f0a4e070f16"><span class="__cf_email__" data-cfemail="7c081312151d521a101919080b1313183c090f181316521b130a">[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 $11.25 
(25 cents per page reproduction cost) payable to the U.S. Treasury.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2010-25876 Filed 10-13-10; 8:45 am]
BILLING CODE 4410-15-P


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