[Federal Register Volume 75, Number 24 (Friday, February 5, 2010)]
[Notices]
[Pages 6060-6061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2489]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Under 28 CFR 50.7, notice is hereby given that on Thursday, January 
21, 2010, a proposed Consent Decree in United States, et al. v. Lafarge 
North America, Inc., et al., Civil Action No. 10-CV-00044, was lodged 
with the United States District Court for the Southern District of 
Illinois.
    In a complaint that was filed simultaneously with the Consent 
Decree, the United States seeks injunctive relief and penalties against 
Lafarge North America, Inc., Lafarge Midwest, Inc. and Lafarge Building 
Materials, Inc. (collectively ``Lafarge Companies''), pursuant to 
Sections 113(b) and 167 of the Clean Air Act (``the Act''), 42 U.S.C. 
7413(b) and 7477,

[[Page 6061]]

for alleged environmental violations of the Prevention of Significant 
Deterioration (``PSD'') provisions of the Act, 42 U.S.C. 7470-7492; the 
nonattainment New Source Review (``nonattainment NSR'') provisions of 
the Act, 42 U.S.C. 7501-7515; and the federally-approved and 
enforceable state implementation plans, which incorporate and/or 
implement the above listed federal PSD and/or nonattainment NSR 
requirements. The Complaint also alleges violations of Title V of the 
Act, 42 U.S.C. Sec. Sec.  7661-7661f, and Title V's implementing 
Federal and State regulations. These violations are alleged to have 
occurred at one or more of each of the Lafarge Companies' Portland 
cement plants located in Alpena, Michigan; Ravena, New York; Tulsa, 
Oklahoma; Fredonia, Kansas; Sugar Creek, Missouri; Buffalo, Iowa; 
Paulding, Ohio; Gand Chain, Illinois; Seattle, Washington; Whitehall, 
Pennsylvania; Harleyville, South Carolina; Atlanta, Georgia; and 
Calera, Alabama.
    Under the proposed settlement, the Lafarge Companies will be 
required to implement pollution control technologies to reduce 
emissions of nitrogen oxides and sulfur dioxide at designated cement 
kilns and to meet emission limits which are either set forth in the 
Consent Decree or will be set later by following procedures specified 
in the Decree. In addition, the Lafarge Companies must pay a total 
civil penalty of $5,075,000. Two-thirds of this penalty ($3,383,000) 
will be paid to the United States, and the remaining one-third will be 
shared among the participating states and agencies as set forth in the 
Consent Decree.
    The States of Alabama, Illinois, Iowa, Kansas, Michigan, Missouri, 
New York, Ohio and the Commonwealth of Pennsylvania Department of 
Environmental Protection, the South Carolina Department of Health and 
Environmental Control, the Washington State Department of Ecology, the 
Oklahoma Department of Environmental Quality, and the Puget Sound Clean 
Air Agency have joined in this settlement as signatories to the Consent 
Decree.
    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 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, et al. v. Lafarge North America, Inc., et al., D.J. Ref. 
90-5-2-1-08221.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Nine Executive Drive, Fairview Heights, Illinois 
62208-1344 and at U.S. EPA Region 5, 77 West Jackson Blvd., Chicago, 
Illinois 60604-3590. During the public comment period, the 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 
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. In requesting a copy from the 
Consent Decree Library, please enclose a check in the amount of $38.00 
(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 Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2010-2489 Filed 2-4-10; 8:45 am]
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