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'')

Notice is hereby given that a proposed Consent Decree in United

States v. Barber & Sons Tobacco Company, d.b.a. Barber & Sons

Aggregates, Civil Action No. 97-1540-CV-W-2, was lodged on November 25,

1997, with the United

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States District Court for the Western District of Missouri. The

proposed Consent Decree resolves claims brought by the United States,

on behalf of the Environmental Protection Agency, pursuant to the Clean

Air Act, 42 U.S.C. 7401 et seq., arising from Barber & Sons Tobacco

Company, d.b.a. Barber & Sons Aggregates' (``Barber'') ownership and

operation of a non-metallic mineral processing plant, specifically a

limestone quarry, located in Lee's Summit, Missouri.

The Complaint alleges that Barber is liable for violations of the

CAA for failure to comply with notice and testing, reporting, and

permitting requirements. The proposed Consent Decree requires Defendant

Barber to pay a civil penalty of $300,865. The proposed Consent Decree

further requires future compliance by Defendant Barber with the CAA,

regulations promulgated thereunder, and the Missouri State

Implementation Plan.

The Department of Justice will receive comments relating to the

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

of this publication. Comments should be addressed to the Assistant

Attorney General, Environment & Natural Resources Division, Department

of Justice, P.O. Box 7611, Ben Franklin Station, Washington, D.C.

20044, and refer to United States v. Barber & Sons Tobacco Company,

d.b.a. Barber & Sons Aggregates, DOJ number 90-5-2-1-2119.

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

of the United States Attorney, 1201 Walnut Street, Suite 2300, Kansas

City, Missouri; and 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 by mail or in person from the

Consent Decree Library. When requesting a copy of the proposed Consent

Decree, please enclose a check in the amount of $4.00 (25 cents per

page reproduction costs) payable to the ``Consent Decree Library.''

Joel M. Gross,

Chief, Environmental Enforcement Section Environment & Natural

Resources Division.

[FR Doc. 97-32906 Filed 12-16-97; 8:45 am]

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