[Federal Register Volume 74, Number 14 (Friday, January 23, 2009)]
[Notices]
[Page 4233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1393]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Notice is hereby given that on January 15, 2009, a proposed consent 
decree (``Consent Decree'') in United States v. CEMEX California 
Cement, LLC, Civil Action No. 07-00223-GW, was lodged with the United 
States District Court for the Central District of California.
    The Consent Decree would resolve claims asserted by the United 
States against CEMEX California Cement, LLC (``CEMEX'') pursuant to 
Sections 113(b) and 167 of the Clean Air Act (the ``Act''), 42 U.S.C. 
7413(b) and 7477, seeking injunctive relief and the assessment of civil 
penalties for CEMEX's violations of the Prevention of Significant 
Deterioration (``PSD'') provisions in Part C of Subchapter I of the 
Act, 42 U.S.C. 7470-7492, and the federal PSD regulations, 40 CFR 
52.21.
    CEMEX operates a portland cement manufacturing facility in 
Victorville and Apple Valley, California. The complaint filed by the 
United States alleges that CEMEX modified Quarry Kiln <greek-i>2 in 
1997 and constructed new Quarry Kiln <greek-i>3 in 2000 without 
complying with PSD, including the requirements to first obtain a PSD 
permit authorizing the modifications and to install and operate the 
best available technology to control emissions of sulfur dioxide 
(``SO<INF>2</INF>''), nitrogen oxides (``NO<INF>X</INF>''), and/or 
carbon monoxide (``CO'').
    The Consent Decree would require CEMEX to comply with emissions 
limits of 1.95 pounds of NO<INF>X</INF>, 0.35 pounds of SO<INF>2</INF>, 
and 2.9 pounds of CO per ton of clinker at Quarry Kiln <greek-i>2. The 
Consent Decree would also require CEMEX to comply with a 1.95 pounds of 
NO<INF>X</INF> per ton of clinker emission limit at Quarry Kiln 
<greek-i>3, as well as a mass NO<INF>X</INF> emission limit for both 
kilns of 19,314 pounds per day of operation. Finally, the Consent 
Decree would require CEMEX to pay a $2,000,000 civil penalty.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 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#3d4d485f5e5250505853491058584e1358534f597d484e595257135a524b"><span class="__cf_email__" data-cfemail="d6a6a3b4b5b9bbbbb3b8a2fbb3b3a5f8b3b8a4b296a3a5b2b9bcf8b1b9a0">[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. CEMEX California Cement, LLC, D.J. Ref. No. 90-5-2-1-
08691.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Central District of California, 300 North Los Angeles 
Street, Room 7516, Los Angeles, California 90012, and at U.S. EPA 
Region 9, 75 Hawthorne Street, San Francisco, California 94105. 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#6a1e0504030b440c060f0f1e1d05050e2a1f190e0500440d051c"><span class="__cf_email__" data-cfemail="4a3e2524232b642c262f2f3e3d25252e0a3f392e2520642d253c">[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 $10.25 (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.

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
 [FR Doc. E9-1393 Filed 1-22-09; 8:45 am]
BILLING CODE 4410-15-P


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