Notice of Lodging of Consent Decree Pursuant to the Clean Water Act

[[Page 11867]]

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Water

Act

In accordance with Departmental policy, 28 C.F.R. Sec. 50.7, notice

is hereby given that a proposed Consent Decree in United States v. Lone

Star Industries, Inc., Civil Action No. 1:96CV33SNL, was lodged on

March 14, 1996, with the United States District Court for the Eastern

District of Missouri.

In its complaint, which was filed along with the Consent Decree,

the United States alleges that defendant Lone Star Industries Inc.

(``Lone Star'') failed to comply with Section 113(b) of the Clean Air

Act (``Act''), 42 U.S.C. Secs. 7413. In particular, the United States

contends that Lone Star violated the New Source Performance Standards

(``NSPS'') for Nonmetallic Mineral Processing Plants, 40 C.F.R. Part

60, Subpart 000, promulgated pursuant to Section 111 of the Act, 42

U.S.C. Sec. 7411, in that the defendant failed to comply with certain

reporting and testing requirements at its nonmetallic mineral

processing plant located in Cape Girardeau, Missouri.

Under the Consent Decree, Lone Star will pay a civil penalty in the

amount of $40,000 to the United States. In addition, Lone Star will

implement a Supplemental Environmental Project (``SEP'') at its Cape

Girardeau plant designed to control fugitive dust emissions by paving

certain roads within the plant at an estimated cost of $150,000 by no

later than December 31, 1996.

The Department of Justice will receive, for a period of thirty (30)

days from the date of this publication, comments relating to the

proposed Consent Decree. Comments should be addressed to the Assistant

Attorney General for the Environment and Natural Resources Division,

Department of Justice, Washington, D.C. 20530, and should refer to

United States v. Lone Star Industries, Inc., DOJ Ref. No. 90-5-2-1-

1938.

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

United States Attorney, U.S. Courthouse, 1114 Market Street, St. Louis,

Missouri 63101-2075; the Region 7 Office of the Environmental

Protection Agency, 726 Minnesota, Kansas City, Kansas 66101; 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 refer to the referenced case and enclose a check in the amount

of $4.50 (25 cents per page reproduction costs), payable to the Consent

Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 96-6933 Filed 3-21-96; 8:45 am]

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