[Federal Register Volume 80, Number 224 (Friday, November 20, 2015)]
[Notices]
[Page 72739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29577]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed First Modification to Consent 
Decree Under the Clean Air Act

    In 2012, the United States District Court for the Western District 
of Pennsylvania entered a Consent Decree in the case of United States, 
et al. v. Essroc Cement Corp., Civil No. 2:11-cv-01650-DSC (``2012 
Consent Decree''), which resolved claims arising under the Clean Air 
Act against the defendant. The 2012 Consent Decree covers all of 
Essroc's U.S. cement plants. On November 10, 2015, the United States 
lodged a proposed ``First Modification to Consent Decree'' in the same 
case. The proposed First Modification only affects the defendant's 
cement plants in Indiana and Puerto Rico.
    The proposed First Modification to Consent Decree resolves a 
dispute that arose under the 2012 Consent Decree. In December 2013, the 
U.S. Environmental Protection Agency (EPA) rejected Essroc's Selective 
Catalytic Reduction (SCR) Pilot Study Report for the Logansport, 
Indiana cement plant. Essroc disputed EPA's action and initiated the 
dispute resolution procedure provided by the 2012 Consent Decree. Under 
the proposed First Modification to Consent Decree, Essroc will perform 
a new SCR Pilot Study and will accept more stringent NOX 
emission standards than originally provided by the 2012 Consent Decree 
on certain facilities, but will not have to permanently install SCR on 
one of its Indiana cement kilns even if the Pilot Study demonstrates 
the viability of SCR, as a NOX control system on that kiln.
    The State of Indiana and the Commonwealth of Puerto Rico are co-
plaintiff settlors on the original Consent Decree. Indiana agrees to 
give up the permanent installation of SCR on an Indiana cement kiln and 
stipulated penalties for violations of the Consent Decree at Essroc's 
Indiana facilities in exchange for: Performance of an SCR demonstration 
project in Indiana; more stringent NOX emission limits on 
two cement kilns located in Speed, Indiana; ammonia continuous emission 
monitoring systems on two Logansport kilns; and an enhanced mitigation 
project at the Logansport facility. Puerto Rico agrees to give up 
stipulated penalties for violations of the Consent Decree at Essroc's 
San Juan cement plant in exchange for more stringent NOX 
emission limits on that facility.
    The publication of this notice opens a period for public comment on 
the proposed First Modification to Consent Decree. Comments should be 
addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, and should refer to United States, et al., v. 
Essroc Cement Corp., Civil No. 2:11-cv-01650, D.J. Ref. No. 90-5-2-1-
09608. All comments must be submitted no later than twenty (20) days 
after the publication date of this notice. Comments may be submitted 
either by email or by mail:

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         To submit comments:                     Send them to:
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By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    During the public comment period, the First Modification to Consent 
Decree may be examined and downloaded at this Justice Department Web 
site: http://www.justice.gov/enrd/consent-decrees. We will provide a 
paper copy of the First Modification to Consent Decree upon written 
request and payment of reproduction costs. Please mail your request and 
payment to: Settlement Agreement Library, U.S. DOJ--ENRD, P.O. Box 
7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $4.00 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy without the signature pages, the cost is $2.25.

Bob Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2015-29577 Filed 11-19-15; 8:45 am]
BILLING CODE 4410-15-P