[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Notices]
[Page 53903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21638]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that on September 8, 2008, a proposed consent decree 
(``Consent Decree'') in United States v. St. Marys Cement Inc. (U.S.) 
and St. Barbara Cement Inc., Civil Action No. 3:08-CV-50199, was lodged 
with the United States District Court for the Northern District of 
Illinois, Western Division.
    In this action, brought against St. Marys Cement Inc. (U.S.) and 
St. Barbara Cement Inc. (``collectively ``Defendants'') pursuant to 
sections 113(b) and 167 of the Clean Air Act (``the Act''), 42 U.S.C. 
7413(b) and 7477, the United States has sought injunctive relief and 
the assessment of civil penalties for violations of the Prevention of 
Significant Deterioration (``PSD'') provisions of the Act, 42 U.S.C. 
7470-92, and the PSD regulations incorporated into the federally 
approved and enforceable Illinois State Implementation Plan (``the 
SIP'') at a Portland cement plant located in or near Dixon, Illinois 
(``Facility''). The United States' complaint alleges, among other 
things, that the Facility's prior owner and/or operator, CEMEX Central 
Plains Cement LLC (``CEMEX''), conducted a major modification of the 
Facility and that thereafter CEMEX and the Defendants, after they 
became the owner (St. Barbara Cement Inc.) and operator (St. Marys 
Cement Inc. (U.S.)) of the Facility, operated the Facility as modified 
without obtaining a PSD permit authorizing the major modification and 
without installing the best available technology to control emissions 
of nitrogen oxides (``NOX''), as required by the Act and the 
SIP.
    The proposed consent decree would resolve the civil claims of the 
United States alleged in the complaint and in a Notice of Violation and 
Finding of Violation and a Notice of Violation issued by the U.S. 
Environmental Protection Agency, as well as any civil liability of 
CEMEX's successor for these same violations. The proposed consent 
decree would require, among other things, that the Defendants: Have 
installed emission controls (selective non-catalytic reduction) at 
three of the Facility's kilns and achieve specified NOX 
emission limits by April 30, 2009; permanently retire a fourth kiln; 
install NOX continuous emissions monitoring systems to 
measure NOX emissions at the Facility's kilns; apply for 
appropriate permits or permit modifications to incorporate various 
requirements of the consent decree; and pay a civil penalty to the 
United States in the amount of $800,000.00. If the Defendants elect to 
build a new kiln to replace the retired kiln, the proposed consent 
decree establishes specific limitations and conditions governing the 
use of any NOX emission credits from the shutdown of the 
kiln, including specific requirements that would apply to any new kiln.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
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, United 
States Department of Justice, Washington, DC 20044-7611, and should 
refer to United States v. St. Marys Cement Inc. and St. Barbara Cement 
Inc., D.J. Ref. 90-5-2-1-08782.
    The consent decree may be examined at the Office of the United 
States Attorney, 308 West State Street, Suite 300, Rockford, Illinois 
61101. During the public comment period, the consent decree may also be 
examined on the following Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the 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 no. (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 $12.00 (25 cents per 
page reproduction cost) 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. E8-21638 Filed 9-16-08; 8:45 am]
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