[Federal Register Volume 73, Number 38 (Tuesday, February 26, 2008)]
[Notices]
[Pages 10287-10288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3543]


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DEPARTMENT OF JUSTICE


Notice of Extension of Public Comment Period Regarding Lodging of 
Consent Decree Pursuant to the Clean Air Act

    On January 25, 2008 (73 FR 4629), the United States Department of 
Justice published notice of the lodging of a Consent Decree in United 
States v. S.H. Bell Company (``S.H. Bell''), Civil Action No. 4:08-cv-
96 (N.D. Ohio). The United States is now extending the period for 
public comment through and including March 10, 2008. All comments from 
the public on the Consent Decree described below must be received by 
that date.
    The proposed Consent Decree was lodged with the United States 
District Court for the Northern District of Ohio on January 14, 2008. 
The Consent Decree resolves claims against S.H. Bell brought by the 
United States on behalf of the Environmental Protection Agency 
(``EPA'') 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. In this action, the United States sought civil penalties for S.H. 
Bell's alleged failure to apply for appropriate permits under the CAA, 
the Ohio SIP and the Pennsylvania SIP for stationary sources at its two 
terminals; failure 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 violations of 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

[[Page 10288]]

Department of Environmental Protection (``Pennsylvania DEP'') officials 
in the processing of S.H. Bell's filed applications for appropriate 
source 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 processing such nonmetallic 
minerals, comply with applicable provisions of NSPS; and (5) 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 previously provided notice that it would 
receive comments relating to the Consent Decree for a period of 30 days 
from the original publication of notice of lodging in the Federal 
Register. That comment period would have ended on February 24, 2008. A 
private citizen group requested an extension of time to submit comments 
on the Consent Decree. The Department of Justice, in consultation with 
EPA, determined that the extension is appropriate and that the public 
comment period should be extended for a period of two weeks. Therefore, 
the United States Department of Justice will accept comments on the 
proposed Consent Decree through March 10, 2008.
    Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, and either e-mailed 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 $10.00 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. E8-3543 Filed 2-25-08; 8:45 am]
BILLING CODE 4410-15-P