[Federal Register Volume 63, Number 199 (Thursday, October 15, 1998)]
[Notices]
[Pages 55408-55409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27690]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Clean Air 
Act; Calaveras Cement Co.

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that a proposed consent decree in United States v. 
Calaveras Cement Company, No. CIVF-97-5418-OWW, was lodged on October 
1, 1998 with the United States District Court for Eastern District of 
California.
    The consent decree settles claims for civil penalties and 
injunctive relief against Calaveras Cement Company (``Calaveras'') 
under the Clean Air Act. The complaint alleges: (1) that Calaveras 
violated the Prevention of Significant Deterioration (``PSD'') 
regulations, 40 CFR 52.21, as incorporated in the applicable State 
Implementation Plan (``SIP''), by failing to undergo PSD review prior 
to obtaining an Authority to Construct permit for a ``major 
modification'' of its facility, (2) that, in the alternative, Calaveras 
violated the emissions limits for nitrogen oxides (``NOX'') 
in an permit issued by the Kern County Air Pollution Control District 
for a minor modification, (3) that Calaveras violated Subpart F of the 
New Source Performance Standards (``NSPS''), 40 CFR Part 60, by failing 
to submit timely continuous emissions monitoring (``CEM'') data for 
emissions from its kiln and clinker cooler and by exceeding the 
emissions limits for particulate matter on three occasions, and (4) 
that Calaveras violated Subpart Y (as well as Subpart A) of the NSPS, 
40 C.F.R. Part 60, by failing to conduct a timely performance test on 
its coal preparation plant.
    Pursuant to the consent decree Calaveras will pay a civil penalty 
of $222,000 and will operate under interim emission limits set forth in 
the consent decree until Calaveras' application for a federally 
approved permit has been resolved.
    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 for the Environment and

[[Page 55409]]

Natural Resources Division, Department of Justice, Washington, D.C. 
20530, and should refer to United States v. Calaveras Cement Company, 
DOJ Ref. #90-5-2-1920.
    The proposed consent decree may be examined at the office of the 
United States Attorney, for the Eastern District of California, 1130 
``O'' Street, Room 3654, Fresno, CA 93721 (209) 498-7272; the Region IX 
Office of the Environmental Protection Agency, 75 Hawthorne Street, San 
Francisco, CA; and at the Consent Decree Library, 1120 G Street, N.W., 
3rd Floor, Washington, D.C. 20005, (202) 624-0892. A copy of the 
proposed consent decree may be obtained in person or by mail from the 
Consent Decree Library, 1120 G Street, N.W., 3rd Floor, Washington, 
D.C. 20005. In requesting a copy please refer to the referenced case 
and enclose a check in the amount of $5.75 (25 cents per page 
reproduction costs), payable to the Consent Decree Library.
Joel Gross,
Chief, Environmental Enforcement Section, Environmental and Natural 
Resources Division.
[FR Doc. 98-27690 Filed 10-14-98; 8:45 am]
BILLING CODE 4410-15-M