[Federal Register Volume 84, Number 238 (Wednesday, December 11, 2019)]
[Notices]
[Page 67758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26646]
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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 set 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.
The publication of this notice opens a period for public comment on
the 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, D.J. Ref. No. 90-5-2-1-08531/1. All
comments must be submitted no later than 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 e-mail................................. [email protected].
By mail................................... Assistant Attorney General,
U.S. DOJ--ENRD, P.O. Box
7611, Washington, D.C.
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. 2019-26646 Filed 12-10-19; 8:45 am]
BILLING CODE 4410-15-P