Notice of Lodging of a Consent Decree Under the Clean Air Act

DEPARTMENT OF JUSTICE

Notice of Lodging of a Consent Decree Under the Clean Air Act

Notice is hereby given that on June 12, 1998, a proposed Consent

Decree in United States v. Wells Cargo, Inc., Civil Action No. CV-S-98-

00901-LDG (RLH) was lodged with the United States District Court for

the District of Nevada.

In this action the United States sought injunctive relief and the

assessment of civil penalties against Wells Cargo, Inc., located in Las

Vegas, Nevada. The United States alleges that Wells Cargo, Inc.

operated its nonmetallic mineral processing plant and hot mix asphalt

facility in violation of Sections 110 and 111 of the Clean Air Act, 42

U.S.C. 7410 and 7411. Specifically, the United States alleges that

Wells Cargo, Inc., in violation of applicable New Source Performance

Standards, failed to make required notification to the U.S.

Environmental Protection Agency regarding the construction commencement

date, the start-up date, and the opacity observation date for new

equipment installed in December, 1994. The United States also alleges

that Wells Cargo failed to perform timely opacity observations after

the installation and start-up of new equipment. The United States

further alleges that Wells Cargo operated its asphalt facility in

violation of the emission limit for visible air contaminants as set

forth in the Nevada state implementation plan. The Consent Decree

entered provides for a civil penalty to be paid by the defendant of

$61,000 and the installation and operation of a smoke recovery system

to be placed over the hot mix asphalt storage silos.

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

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

Decree. Comments should be addressed to the Assistant Attorney General

of the Environment and Natural Resources Division, Department of

Justice, Washington, D.C. 20530, and should refer to United States v.

Wells Cargo, Inc., D.J. Ref. 90-5-2-1-2127.

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

States Attorney, 701 E. Bridger Avenue, Suite

[[Page 39894]]

800, Las Vegas, Nevada, at U.S. EPA Region IX, 75 Hawthorne Street, San

Francisco, CA, and at the Consent Decree Library, 1120 G Street, N.W.,

4th Floor, Washington, D.C. 20005, (202) 624-0892. A copy of the

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 enclose a check in the amount of $6.75 (25

cents per page reproduction cost) payable to the Consent Decree

Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 98-19734 Filed 7-23-98; 8:45 am]

BILLING CODE 4410-15-M