[Federal Register Volume 84, Number 238 (Wednesday, December 11, 2019)]
[Notices]
[Page 67758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26646]


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DEPARTMENT OF JUSTICE


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

    On December 3, 2019, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Eastern 
District of Pennsylvania in the lawsuit entitled United States, et al. 
v. Lehigh Cement Company LLC and Lehigh White Cement Company, LLC, 
Civil Action No. 5:19-cv-05688.
    In a Complaint that was filed simultaneously with the Consent 
Decree, the United States and seven states and state or local agencies 
seek injunctive relief against Lehigh Cement Company LLC (``Lehigh'') 
and Lehigh White Cement Company, LLC (``Lehigh White'') and penalties 
against Lehigh, pursuant to Sections 113(b) and 167 of the Clean Air 
Act (``the Act''), 42 U.S.C. 7413(b) and 7477, for alleged violations 
of the Prevention of Significant Deterioration provisions of the Act, 
42 U.S.C. 7470-7492; the nonattainment New Source Review provisions of 
the Act, 42 U.S.C. 7501-7515; the federally-approved and enforceable 
state implementation plans, which incorporate and/or implement the 
above listed requirements; and corresponding state laws. The Complaint 
alleges claims at one or more of eleven Portland cement facilities 
located in eight states owned or operated by Lehigh or Lehigh White. 
The states and state or local agencies that have joined the Complaint 
and are signatories to the Consent Decree consist of Indiana, Iowa, 
Maryland, New York, the Pennsylvania Department of Environmental 
Protection, the Jefferson County Board of Health (Alabama), and the Bay 
Area Air Quality Management District (California).
    The Consent Decree would require installation of emissions control 
technology for nitrogen oxides (NOX) and sulfur dioxide 
(SO2), emissions monitoring systems, and set specified NOx 
and SO2 emission limits (except that the emission limit for 
SO2 at the Cupertino, CA facility would be established 
through a testing program). The Decree would also require Lehigh to pay 
a civil penalty of $1.3 million, and perform a mitigation project 
involving upgrading two off-road vehicle engines at an estimated cost 
of $650,000, which is expected to reduce smog-forming NOX by 
approximately 25 tons per year.
    The publication of this notice opens a period for public comment on 
the 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. Lehigh Cement Company LLC and 
Lehigh White Cement Company, LLC, D.J. Ref. No. 90-5-2-1-08531/1. All 
comments must be submitted no later than 30 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 e-mail.................................  [email protected].
By mail...................................  Assistant Attorney General,
                                             U.S. DOJ--ENRD, P.O. Box
                                             7611, Washington, D.C.
                                             20044-7611.
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    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department website: http://www.justice.gov/enrd/consent-decrees.
    We will provide a paper copy of the Consent Decree upon written 
request and payment of reproduction costs. Please mail your request and 
payment to: Consent Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, 
Washington, DC 20044-7611.
    Please enclose a check or money order for $26.00 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Randall M. Stone,
Acting Assistant Section Chief, Environmental Enforcement Section, 
Environment and Natural Resources Division.
[FR Doc. 2019-26646 Filed 12-10-19; 8:45 am]
 BILLING CODE 4410-15-P