[Federal Register Volume 85, Number 8 (Monday, January 13, 2020)]
[Notices]
[Page 1824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00293]


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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 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.
    Notice of the lodging of the proposed Consent Decree was originally 
published in the Federal Register on December 11, 2019. See 84 FR 67758 
(Dec. 11, 2019). The publication of the original notice opened a 30-day 
period for public comment on the proposed Consent Decree that was 
scheduled to end on January 10, 2020. The publication of the current 
notice extends the period for public comment on the Consent Decree to 
February 10, 2020.
    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 February 10, 2020. 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, DC 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. 2020-00293 Filed 1-10-20; 8:45 am]
 BILLING CODE 4410-15-P