[Federal Register Volume 74, Number 132 (Monday, July 13, 2009)]
[Notices]
[Page 33475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16412]



[[Page 33475]]

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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean Air 
Act

    Notice is hereby given that on June 25, 2009, a proposed Consent 
Decree (``Decree'') in United States v. Holcim (US) Inc., Civil Action 
No. 2:09-cv-12526-LPZ-DAS, was lodged with the United States District 
Court for the Eastern District of Michigan.
    In this action the United States seeks to address violations of the 
Clean Air Act at a Portland cement manufacturing facility owned and 
operated by the Defendant, Holcim (US) Inc., in Dundee, Michigan. The 
violations, which occurred numerous times for several years, involved 
emissions from the main stack for two kilns which exceeded 15% opacity 
and the baghouse inlet temperatures for each kiln exceeding its 
limitation.
    During the course of settlement negotiations with the Department of 
Justice, the Defendant on November 11, 2008 announced that it must 
reduce production capacity in its cement operations in response to the 
extensive downturn in the demand for cement products and stated it 
would permanently close the Dundee facility. The Defendant permanently 
shut down its two kilns at the Dundee facility, one kiln on November 
30, 2008 and the other kiln on March 14, 2009.
    The proposed Decree resolves the Defendant's violations by 
implementing injunctive relief which will ensure, if operating the 
kilns at the Dundee facility, the Defendant will not exceed the opacity 
limitation at the main stack and will not exceed the applicable 
baghouse inlet temperature for the kilns. Additionally, the Defendant 
has reporting, notification and approval requirements under the Decree 
to the U.S. Environmental Protection Agency (``EPA'') and the Michigan 
Department of Environmental Quality (``MDEQ''), which includes seeking 
permission and receiving approval from EPA and MDEQ to re-start a 
permanently closed kiln. The proposed Decree also requires payment of a 
civil penalty in the amount of $159,607.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed 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, 
U.S. Department of Justice, Washington, DC 20044-7611, and should refer 
to United States v. Holcim (US) Inc., D.J. Ref. No. 90-5-2-1-09594.
    The proposed Decree may be examined at the Office of the United 
States Attorney, 211 W. Fort Street, Suite 2001, Detroit, Michigan 
48226, and at U.S. EPA Region 5, 77 W. Jackson Blvd., 16th Floor (EPA 
Library), Chicago, Illinois 60604. During the public comment period, 
the proposed 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 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 $11.00 
(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.

Maureen Katz,
Assistant Chief Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E9-16412 Filed 7-10-09; 8:45 am]
BILLING CODE 4410-15-P