[Federal Register Volume 78, Number 80 (Thursday, April 25, 2013)]
[Notices]
[Pages 24436-24437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09687]


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DEPARTMENT OF JUSTICE


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

    On April 19, 2013, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the District 
of Colorado in the lawsuit entitled United States v. CEMEX, Inc., Civil 
Action No. 1:09-cv-00019-MSK, Docket No. 202-1.
    The proposed consent decree between the United States and CEMEX, 
Inc. settles government claims brought under Sections 113(b) and 167 of 
the Clean Air Act, 42 U.S.C. 7413(b) and 7477 for injunctive relief and 
civil penalties for alleged violations of the Act's Prevention of 
Significant Deterioration requirements, 42 U.S.C. Sec. Sec.  7470-7479, 
and the Non-Attainment New Source Review requirements, Sections 171 
through 193 of the CAA, 42 U.S.C. Sec. Sec.  7501-7515, as enforced 
through Colorado's State Implementation Plan. 42 U.S.C. Sec.  7410. The 
alleged violations occurred at CEMEX's Portland cement manufacturing 
operations located in Lyons, Colorado. The Decree requires CEMEX to 
install and continuously operate Selective Non-Catalytic Reduction 
technology on its cement kiln to reduce nitrogen oxides emissions to a 
level established under the ``test and set'' regime outlined in the 
Decree. The Decree also requires CEMEX to pay a civil penalty of $1 
million.
    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 v.CEMEX, Inc., D.J. Ref. No. DJ 
90-5-2-1-09151. All comments must be submitted no later than thirty 
(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 Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. 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 $13.00 (25 cents per page

[[Page 24437]]

reproduction cost) payable to the United States Treasury.

Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2013-09687 Filed 4-24-13; 8:45 am]
BILLING CODE 4410-15-P