[Federal Register Volume 85, Number 8 (Monday, January 13, 2020)]
[Notices]
[Page 1824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00293]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under The Clean Air
Act
On December 3, 2019, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the 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.
In a Complaint that was filed simultaneously with the Consent
Decree, the United States and seven states and state or local agencies
seek injunctive relief against Lehigh Cement Company LLC (``Lehigh'')
and Lehigh White Cement Company, LLC (``Lehigh White'') and penalties
against Lehigh, pursuant to Sections 113(b) and 167 of the Clean Air
Act (``the Act''), 42 U.S.C. 7413(b) and 7477, for alleged violations
of the Prevention of Significant Deterioration provisions of the Act,
42 U.S.C. 7470-7492; the nonattainment New Source Review provisions of
the Act, 42 U.S.C. 7501-7515; the federally-approved and enforceable
state implementation plans, which incorporate and/or implement the
above listed requirements; and corresponding state laws. The Complaint
alleges claims at one or more of eleven Portland cement facilities
located in eight states owned or operated by Lehigh or Lehigh White.
The states and state or local agencies that have joined the Complaint
and are signatories to the Consent Decree consist of Indiana, Iowa,
Maryland, New York, the Pennsylvania Department of Environmental
Protection, the Jefferson County Board of Health (Alabama), and the Bay
Area Air Quality Management District (California).
The Consent Decree would require installation of emissions control
technology for nitrogen oxides (NOX) and sulfur dioxide
(SO2), emissions monitoring systems, and specified
NOX and SO2 emission limits (except that the
emission limit for SO2 at the Cupertino, CA facility would
be established through a testing program). The Decree would also
require Lehigh to pay a civil penalty of $1.3 million, and perform a
mitigation project involving upgrading two off-road vehicle engines at
an estimated cost of $650,000, which is expected to reduce smog-forming
NOX by approximately 25 tons per year.
Notice of the lodging of the proposed Consent Decree was originally
published in the Federal Register on December 11, 2019. See 84 FR 67758
(Dec. 11, 2019). The publication of the original notice opened a 30-day
period for public comment on the proposed Consent Decree that was
scheduled to end on January 10, 2020. The publication of the current
notice extends the period for public comment on the Consent Decree to
February 10, 2020.
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, D.J. Ref. No. 90-5-2-1-08531/1. All comments must be
submitted no later February 10, 2020. 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 e-mail........................... [email protected].
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 Consent Decree may be
examined and downloaded at this Justice Department website: http://www.justice.gov/enrd/consent-decrees.
We will provide a paper copy of the 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 $26.00 (25 cents per page
reproduction cost) payable to the United States Treasury.
Randall M. Stone,
Acting Assistant Section Chief, Environmental Enforcement Section,
Environment and Natural Resources Division.
[FR Doc. 2020-00293 Filed 1-10-20; 8:45 am]
BILLING CODE 4410-15-P