[Federal Register Volume 76, Number 32 (Wednesday, February 16, 2011)]
[Notices]
[Page 9052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3473]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Clean Air Act
Notice is hereby given that on February 10, 2011 a proposed Consent
Decree (``proposed Decree'') in United States v. CEMEX, Inc. and CEMEX
Construction Materials Atlantic, LLC, Civil Action No. 3:11-cv-00037,
was lodged with the United States District Court for the Southern
District of Ohio.
In this action under Sections 113(b) and 167 of the Clean Air Act,
42 U.S.C. 7413(b) and 7477, the United States seeks injunctive relief
and civil penalties for violations of the Prevention of Significant
Deterioration (``PSD'') provisions of the Clean Air Act, 42 U.S.C.
7470-7492, and the PSD regulation incorporated into the federally
enforceable Ohio State Implementation Plan (``Ohio SIP''), and Title V
of the Clean Air Act, 42 U.S.C. 7661-7661f, and Title V's implementing
federal and Ohio regulations, at a portland cement manufacturing plant
located in Greene County, Ohio.
The proposed Decree resolves the United States' claims against
CEMEX, Inc. and CEMEX Construction Materials Atlantic, LLC
(``Defendants'') by requiring Defendants to install and operate
appropriate emission controls at their kiln, and requires Defendants to
pay a civil penalty of $1,400,000, two-thirds of which will go to the
United States and one-third of which will go to the Plaintiff
Intervener, the State of Ohio.
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 [email protected] or mailed to P.O. Box
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should
refer to United States v. CEMEX, Inc. and CEMEX Construction Materials
Atlantic, LLC, D.J. Ref. No. 90-5-2-1-08990.
The proposed Decree may be examined at the office of the United
States Attorney for the Southern District of Ohio, Room 602, Federal
Building, 200 West Second Street, Dayton, Ohio 45402, and at the United
States Environmental Protection Agency (Region 5) Records Center, Room
714, 77 West Jackson Boulevard, Chicago, Illinois 60604. During the
public comment period, the proposed Decree may also be examined on the
following Department of Justice Web site: http://www.usdoj.gov/enrd/ConsentDecrees.html. A copy of the proposed Decree may also be obtained
via U.S. mail by making a written request to 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
([email protected]), fax number (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 $17.75
(25 cents per page reproduction cost) payable to the U.S. Treasury or,
if requesting by e-mail or fax, please forward a check in that amount
to the Consent Decree Library at the stated address.
Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2011-3473 Filed 2-15-11; 8:45 am]
BILLING CODE 4410-15-P