[Federal Register Volume 77, Number 157 (Tuesday, August 14, 2012)]
[Notices]
[Page 48541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19948]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Notice is hereby given that on July 20, 2012, a proposed Consent 
Decree in United States v. Carmeuse Lime, Inc., Civil Action No. 12 C 
5689, was lodged with the United States District Court for the Northern 
District of Illinois.
    The complaint filed by the United States in this action asserts 
claims under Section 113(b) of the Clean Air Act, as amended (``CAA''), 
42 U.S.C. 7413(b), for injunctive relief and the assessment of civil 
penalties for defendant's violations of emissions limits and reporting 
requirements for opacity and fugitive dust that are set forth in: 
Defendant's Title V Operating Permit, issued pursuant to Title V of the 
CAA, 42 U.S.C. 7661 et seq.; Defendant's Approval to Construct Permit, 
issued pursuant to CAA regulations for the Prevention of Significant 
Deterioration of Air Quality (``PSD''), codified at 40 CFR 52.21; the 
New Source Performance Standards for Lime Manufacturing Plants (``Lime 
NSPS''), promulgated pursuant to Section 111 of the CAA and codified at 
40 CFR part 60, Subpart HH, Sec. Sec.  60.340-60.344; the National 
Emission Standards for Hazardous Air Pollutants for Lime Manufacturing 
Plants (``Lime NESHAP''), promulgated pursuant to Section 112(d) of the 
CAA and codified at 40 CFR Part 63, Subpart AAAAA, Sec. Sec.  63.7080-
63.7143; and standards set forth in the Illinois State Implementation 
Plan (``SIP'') adopted by the State of Illinois and approved by EPA 
pursuant to Section 110 of the Act, 42 U.S.C. 7410.
    The proposed Consent Decree will resolve all claims asserted in the 
complaint. Under the terms of the proposed settlement, Carmeuse Lime 
will pay a cash civil penalty in the amount of $350,000. Carmeuse will 
also perform a supplemental environmental project that will involve 
remediating lead paint hazards in surrounding low income residential 
properties. The Consent Decree sets forth a detailed and enforceable 
operational plan to prevent recurrence of lime dust emissions when the 
facility resumes operations. Stipulated penalties apply for any future 
violations.
    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 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 v. Carmeuse Lime, Inc. D.J. Ref. number 90-5-2-1-08599/1.
    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 emailing a request to ``Consent Decree Copy'' 
([email protected]), fax number (202) 514-0097, phone 
confirmation number (202) 514-5271. If requesting a copy of the Consent 
Decree from the Consent Decree Library by mail, please enclose a check 
in the amount of $87.00 (25 cents per page reproduction cost) payable 
to the U.S. Treasury or, if requesting by email or fax, forward a check 
in that amount to the Consent Decree Library at the address given 
above. In requesting a copy exclusive of exhibits and defendants' 
signatures, please enclose a check in the amount of $17.50 (25 cents 
per page reproduction cost) payable to the United States Treasury.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division, United States Department of Justice.
[FR Doc. 2012-19948 Filed 8-13-12; 8:45 am]
BILLING CODE 4410-15-P