[Federal Register Volume 73, Number 17 (Friday, January 25, 2008)]
[Notices]
[Pages 4629-4630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-271]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Clean Air Act

    Notice is hereby given that on January 14, 2008, a proposed Consent 
Decree, in United States v. S.H. Bell Co., Civil No. 4:08-cv-96 (N.D. 
Ohio), was lodged with the United States District Court for the 
Northern District of Ohio. In this action, the United States sought 
civil penalties against S.H. Bell for violations of the Clean Air Act 
(``CAA''), 42 U.S.C. 7401-7671q, regulations implementing the CAA, the 
Ohio State Implementation Plan (``Ohio SIP'') and the Pennsylvania 
State Implementation Plan (``Pennsylvania SIP'') at two terminals of 
S.H. Bell's facility located at 2217 Michigan Avenue (Stateline 
Terminal) and 1 Saint George Street East (Little England Terminal), 
Liverpool, Ohio. The United States alleged that S.H. Bell failed to 
apply for appropriate permits under the CAA, the Ohio SIP and the 
Pennsylvania SIP for stationary sources at its two terminals; failed to 
obtain a permit to install (``PTI''), and timely comply with control 
requirements of a valid PTI, as required by the Ohio SIP at certain 
stationary sources at its East Liverpool facility; and violated the 
General Provisions of the New Source Performance Standards (``NSPS'') 
set forth at 40 CFR 60.7 and 60.8 for nonmetallic mineral processing 
plants.
    Under the Consent Decree, S.H. Bell shall: (1) Pay a civil penalty 
of $50,000; (2) comply with all applicable emissions limitations and 
testing requirements in its existing source operating permits and any 
amendments; (3) cooperate with Ohio Environmental Protection Agency 
(``Ohio EPA'') and Pennsylvania Department of Environmental Protection 
(``Pennsylvania DEP'') officials in the processing of S.H. Bell's filed 
applications for appropriate source

[[Page 4630]]

permits at its East Liverpool facility; (4) certify that it does not 
currently process nonmetallic minerals at its East Liverpool facility, 
and in the event that it resumes such processing, comply with 
applicable provisions of NSPS; and, implement two Supplemental 
Environmental Projects valued at $386,592, consisting of a Truck 
Loadout Shed and Road Paving Projects at its East Liverpool facility.
    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 emailed to [email protected] or mailed to United 
States Department of Justice, P.O. Box 7611, Washington, DC 20044-7611, 
and should refer to United States v. S.H. Bell Co., Civil No. 4:08-cv-
96 (N.D. Ohio), and DOJ Reference No. 90-5-2-1-07823.
    The proposed Consent Decree may be examined at: (1) The Office of 
the United States Attorney for the Northern District of Ohio, 801 West 
Superior Avenue, Suite 400, Cleveland, OH, 44113 (216-622-3600); and 
(2) the United States Environmental Protection Agency (Region 5), 77 
West Jackson Blvd., Chicago, IL 60604-3507 (contact: John C. Matson 
(312-886-2243).
    During the public comment period, the proposed Consent Decree may 
also be examined on the following U.S. 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, U.S. Department of Justice, P.O. Box 7611, Washington, DC 
20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood 
([email protected]), fax no. (202) 514-0097, phone confirmation 
no. (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please refer to the referenced case and DOJ Reference Number 
and enclose a check in the amount of $10 for the Consent Decree only 
(40 pages, at 25 cents per page reproduction costs), or $19.25 for the 
Consent Decree and Appendix A (77 pages), made payable to the U.S. 
Treasury or, if by e-mail or fax, forward a check in that amount to the 
Consent Decree Library at the stated address.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 08-271 Filed 1-24-08: 8:45 am]
BILLING CODE 4410-15-M