[Federal Register Volume 77, Number 126 (Friday, June 29, 2012)]
[Notices]
[Page 38830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of an Amendment to Consent Decree Under the 
Clean Air Act

    Notice is hereby given that on June 25, 2012, a proposed Second 
Amendment to the consent decree in United States et al. v. Lafarge 
North America, et al., Civil Action No. 3:10-cv-44-JPG was lodged with 
the United States District Court for the Southern District of Illinois.
    On March 18, 2010, the United States District Court for the 
Southern District of Illinois entered a consent decree (``decree'') 
resolving claims of the United States and twelve states or state 
agencies against Lafarge North America, Inc., Lafarge Midwest, Inc., 
and Lafarge Building Materials, Inc. (``Lafarge'') for alleged 
violations of the Clean Air Act (``CAA'' or ``Act'') at its thirteen 
portland cement production facilities in the United States. 
Specifically, the consent decree resolved alleged violations of the 
Act's Prevention of Significant Deterioration (``PSD'') provisions, 42 
U.S.C. 7470-92; Nonattainment New Source Review (``NNSR'') provisions, 
42 U.S.C. 7501-15; the federally approved and enforceable state 
implementation plans (``SIPs'') which incorporate and/or implement the 
above-listed federal PSD and/or NNSR requirements; and the CAA Title V 
operating permit requirements, 42 U.S.C. 7661-61f, including Title V's 
implementing federal and state regulations.
    The proposed Second Amendment affects only three of the thirteen 
cement plants addressed in the Consent Decree: the Roberta, Alabama; 
Harleyville, South Carolina; and Atlanta, Georgia cement plants. The 
Amendment substitutes Argos USA Corp. and Argos Cement LLC 
(collectively, ``Argos'') for Lafarge with respect to those facilities 
following their sale by Lafarge to Argos on October 3, 2011. Argos has 
agreed to undertake the Consent Decree obligations applicable to those 
facilities, to be substituted for Lafarge with respect to those 
facilities and has demonstrated that it has the financial and technical 
ability to assume the Decree's obligations at those facilities. The 
proposed Second Amendment also amends the Consent Decree to terminate 
Consent Decree requirements applicable to the Atlanta facility because 
all Decree obligations at that plant have been met and no further 
obligations apply to that facility under the Decree.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed Second Amendment. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and either emailed 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, et al., 
Civil Action No. 3:10-cv-44-JPG, DJ 90-5-2-1-08221.
    During the public comment period, the proposed Second Amendment to 
the consent decree may be examined on the following 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, P.O. Box 7611, U.S. Department of Justice, 
Washington, DC 20044-7611 or by faxing or emailing a request to 
``Consent Decree Copy'' ([email protected]), fax no. (202) 514-
0097, phone confirmation number (202) 514-5271. In requesting a copy 
from the Consent Decree Library, please enclose a check in the amount 
of $ 11.50 (25 cents per page reproduction cost) payable to the U.S. 
Treasury or, if by email or fax, forward a check in that amount to the 
Consent Decree Library at the given address above.

Maureen M. Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2012-15994 Filed 6-28-12; 8:45 am]
BILLING CODE 4410-15-P