Lodging of Consent Decree Under the Clean Air Act

DEPARTMENT OF JUSTICE

Lodging of Consent Decree Under the Clean Air Act

In accordance with the policy of the Department of Justice, 28 CFR

Sec. 50.7, notice is hereby given that on March 15, 1995, a proposed

Consent Decree in United States v. California Almond Growers Exchange

d/b/a Blue Diamond Growers, Civil Action No. CIV-S-95-475-LKK-GGH, was

lodged with the United States District Court for the Eastern District

of California. That action was brought pursuant to the Clean Air Act

for Blue Diamond's failure to obtain a new source review permit and a

Prevention of Significant Deterioration permit prior to construction of

a facility in Sacramento, California, and operation of that facility

without the permits and in non-compliance with the Clean Air Act.

Pursuant to the Consent Decree, Blue Diamond must either obtain permits

for its facility and comply with emissions limits in the consent decree

and any permit that is issued, replace the facility in its entirety and

comply with the Clean Air Act, or shut the facility down. In addition,

Blue Diamond will pay an initial civil penalty of $437,000, and an

additional $238,000 penalty if it does not shut down the facility.

As provided in 28 CFR 50.7, the Department of Justice will receive

comments from persons who are not named as parties to this action

relating to the proposed Consent Decree for a period of thirty days

from the date of this publication. Comments should be addressed to the

Assistant Attorney General of the Environment and Natural Resources

Division, Department of Justice, Washington, D.C. 20530. All

[[Page 15309]] comments should refer to United States v. California

Almond Growers Exchange d/b/a Blue Diamond Growers, D.J. Ref. 90-5-2-1-

1679.

The proposed Consent Decree may be examined at the office of the

United States Attorney, 650 Capital Mall, Sacramento, California; the

Region IX office of the U.S. Environmental Protection Agency, 75

Hawthorne Street, San Francisco, California 94105, and at the Consent

Decree Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005,

(202) 624-0892. A copy of the proposed Consent Decree may be obtained

in person or by mail from the Consent Decree Library, 1120 G Street,

N.W., 4th Floor, Washington, D.C. 20005. In requesting a copy, please

enclose a check in the amount of $6.50 for a copy of the consent decree

(25 cents per page reproduction costs) payable to ``Consent Decree

Library.''

Joel M. Gross,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 95-7170 Filed 3-22-95; 8:45 am]

BILLING CODE 4410-01-M