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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Air 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. Plum

Creek Manufacturing, L.P., Civil Action No. CV 96-42-M-CCL, was lodged

on September 2, 1997, with the United States District Court for the

District of Montana.

[[Page 49030]]

The proposed Consent Decree pertains to Plum Creek Manufacturing,

L.P.'s (``Plum Creek'') sawmill located in Pablo, Montana (``Pablo

Facility'') within the boundaries of the Flathead Indian Reservation.

In this action against Plum Creek, the United States sought civil

penalties and injunctive relief pursuant to Section 113 of the Clean

Air Act (``CAA''), 42 U.S.C. Sec. 7401 et seq., for violations of the

CAA's New Source Performance Standards (``NSPS''), Subparts A and Dc,

40 C.F.R. Secs. 60.1 et seq. and Sec. 60.40c et seq. The proposed

Consent Decree resolves the United States' claims against Plum Creek in

return for an agreement to: (1) Pay $300,000 in civil penalties; (2)

expend $75,000 for the purchase and delivery of low particulate

producing road sand for the Confederated Salish and Kootenai Tribes of

the Flathead Reservation (the ``Tribes'') as a supplemental

environmental project (``SEP''); (3) replace an old, unregulated oil-

fired boiler with a natural gas boiler which will reduce potential

sulfur dioxide emissions below 40 tons per year and (4) comply with all

applicable NSPS requirements.

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, DC 20530, and should refer to United

States v. Plum Creek Manufacturing, L.P., DOJ Ref. # 90-5-2-1-1673A.

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

United States Attorney, District of Montana, 2929 2nd Avenue North,

Suite 400, Billings, Montana 59101; the Region VIII Office of the

Environmental Protection Agency, 999 18th St., Suite 500, Denver,

Colorado 80202-2466; and at the Consent Decree Library, 1120 G Street,

NW., 4th Floor, Washington, DC 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, NW., 4th Floor, Washington, DC

20005. In requesting a copy, please refer to the referenced case and

enclose a check in the amount of $7.00 (25 cents per page reproduction

costs), for each copy. The check should be made payable to the Consent

Decree Library.

Walker B. Smith,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 97-24766 Filed 9-17-97; 8:45 am]

BILLING CODE 4410-15-M