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 CFR 50.7, notice is

hereby given that a proposed consent decree in United States v.

Hawaiian Cement, Civil Action No. 97-01204 ACK was lodged on September

16, 1997 with the United States District Court for the District of

Hawaii. The consent decree settles a civil judicial enforcement action

brought under Section 113(b) of the Clean Air Act, 42 U.S.C.

Sec. 7413(b), for Hawaiian Cement's failure to achieve the emission

limitations for particulate matter established by the Hawaii State

Implementation Plan for defendant's Kapolei, Oahu, Hawaii, portland

cement manufacturing plant, and for violations at that plant of

applicable new source performance standards. Under the proposed

settlement, Hawaiian Cement has committed to a comprehensive program of

injunctive relief that will ensure that it achieves, and remains in,

permanent, consistent compliance with the Clean Air Act. In addition,

under the terms of the proposed settlement Hawaiian Cement has agreed

to pay a civil penalty into the United States Treasury of $1,162,500.

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. Hawaiian Cement, DOJ Ref. #90-5-2-1-2083. The proposed

consent decree may be examined at the office of the United States

Attorney, District of Hawaii, PJKK Federal Building, Room 6100, 300 Ala

Moana Boulevard, Honolulu, Hawaii, 96850; the Region IX Office of the

United States 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 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 $13.25 (25 cents

per page reproduction costs), payable to the Consent Decree Library.

Walker Smith,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 97-25886 Filed 9-29-97; 8:45 am]

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