Notice of Lodging of Consent Decree Pursuant to The Clean Air Act (``CAA'')

DEPARTMENT OF JUSTICE

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

(``CAA'')

Consistent with the policy set forth in the Department of Justice

regulations at 28 C.F.R. Sec. 50.7, notice is hereby given that on

October 30, 1997, a proposed Consent Decree was lodged with the United

States District Court for the Southern District of Indiana, New Albany

Division, in United States v. Essroc Cement Corporation (``ESSROC''),

Cause No. NA 97-130-C-H/G, settling claims asserted by the United

States, on behalf of the United States Environmental Protection Agency,

pursuant to Section 113 of the Clean Air Act, 42 U.S.C. Sec. 9613. The

claims arose in connection with operation of ESSROC's portland cement

manufacturing facility in Speed, Indiana.

The Consent Decree requires ESSROC to pay $300,000 in civil

penalties for alleged violation of the particulate matter and opacity

emission limitations and other provisions in the New Source Performance

Standards (``NSPS'') for Portland Cement Plants at 40 CFR Part 60,

Subpart F and the NSPS General Provisions at 40 C.F.R. Part 60, Subpart

A. The Decree also requires compliance with certain NSPS requirements

for reporting excess emissions, found at 50 CFR Secs. 60.13(h),

60.7(c)(1) and 60.63(d).

The Department of Justice will receive written comments relating to

the proposed Consent Decree for thirty (30) days from the date of

publication of this notice. Comments should be directed to the

Assistant Attorney General, Environment and Natural Resources Division,

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

United States v. Essroc Cement Corporation, DOJ Reference # 90-5-2-1-

2090.

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

United States Attorney for the Southern District of Indiana, U.S.

Courthouse, 5th Floor, 46 East Ohio Street, Indianapolis, Indiana

46204, at the Region V offices of the Environmental Protection Agency,

77 West Jackson Boulevard, Chicago, Illinois 60604-3590, 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. In

requesting a copy, please enclose a check in the amount of $2.25 (25

cents per page reproduction cost) payable to the Consent Decree

Library.

Bruck S. Gelber,

Deputy Chief, Environmental Enforcement Section.

[FR Doc. 97-30538 Filed 11-19-97; 8:45 am]

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