[Federal Register Volume 72, Number 238 (Wednesday, December 12, 2007)]
[Notices]
[Pages 70612-70613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-6028]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Notice is hereby given that on December 3, 2007, a proposed Consent 
Decree in United States of America v. Essroc Cement Corporation, Civil 
Action No. 4:07-cv-157 was lodged with the United States District Court 
for the Southern District of Indiana.
    The proposed Consent Decree resolves the United States' claims 
against Essroc Cement Corporation (``Essroc'') under section 113 of the 
Clean Air Act as amended, 42 U.S.C. 7413 (the ``Act''), in connection 
with Essroc's operation of a portland cement manufacturing facility in 
Speed, Indiana (``Speed Facility'' or ``Facility''). Under the proposed 
Consent Decree, Essroc would be required to: (1) Pay $750,000 in civil 
penalties for alleged violations of the National Emissions Standard for 
Hazardous Air Pollutants for the Portland Cement Manufacturing Industry 
codified at 40 CFR part 63, subpart LLL, the Indiana State 
Implementation Plan adopted pursuant to section 110 of the Act, and 
provisions of the federally enforceable operating permit for the Speed 
Facility; and (2) certify test results that demonstrate that a newly 
installed fabric filter baghouse will consistently control emissions 
from the main stack at one of the Facility's kilns. Also under the 
proposed Consent Decree, Essroc would be required to perform two 
supplementary environmental projects (``SEP'') that are designed to 
eliminate or minimize fugitive particulate emissions from specified 
areas of the Facility. One SEP involves construction of an air curtain 
and ventilation system with dust collectors and ductwork to prevent 
emissions of fugitive dust from the facility's clinker storage entrance 
hall. The second SEP involves paving some 900 linear feet of roads at 
the Facility that are heavily trafficked by trucks bringing raw 
materials to production areas. The SEPs are valued, collectively, at 
$900,000.
    For a period of thirty days from the date of this publication, the 
Department of Justice will receive comments relating to the proposed 
Consent Decree. Comments should be addressed to the Acting Assistant 
Attorney General, Environment and National 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. Essroc Cement Corporation, D.J. Reference No. 
90-5-2-1-2090/1.
    The proposed Consent Decree may be examined at the Offices of the 
United States Attorney for the Southern District of Indiana at 10 West 
Market Street, Suite 2100, Indianapolis, IN 46204 (317-226-6333), and 
at the Office of the Regional Counsel, U.S. EPA Region V, 77 West 
Jackson Boulevard, Chicago, IL 60604 (contact Associate Regional 
Counsel Susan Perdomo (312-886-0557). During the public comment period, 
the proposed 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 proposed 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 ([email protected]), fax 
number (202) 514-0097, phone confirmation number (202) 514-1547. When 
requesting a copy from the Consent Decree Library, please enclose a 
check in the amount of $5.75 for the Consent Decree (25 cents per page 
reproduction cost), payable to the U.S. Treasury or, if by e-mail or 
fax, forward

[[Page 70613]]

a check in that amount to the Consent Decree Library at the stated 
address.

Thomas A. Mariani, Jr.,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 07-6028 Filed 12-11-07; 8:45 am]
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