[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]
-----------------------------------------------------------------------
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:
------------------------------------------------------------------------
To submit comments: Send them to:
------------------------------------------------------------------------
By email............................ [email protected].
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
------------------------------------------------------------------------
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