Notice of Lodging of Consent Decree Pursuant to the Clean Air Act; Calaveras Cement Co.

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Air

Act; Calaveras Cement Co.

In accordance with Departmental policy, 28 CFR 50.7, notice is

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

Calaveras Cement Company, No. CIVF-97-5418-OWW, was lodged on October

1, 1998 with the United States District Court for Eastern District of

California.

The consent decree settles claims for civil penalties and

injunctive relief against Calaveras Cement Company (``Calaveras'')

under the Clean Air Act. The complaint alleges: (1) that Calaveras

violated the Prevention of Significant Deterioration (``PSD'')

regulations, 40 CFR 52.21, as incorporated in the applicable State

Implementation Plan (``SIP''), by failing to undergo PSD review prior

to obtaining an Authority to Construct permit for a ``major

modification'' of its facility, (2) that, in the alternative, Calaveras

violated the emissions limits for nitrogen oxides (``NOX'')

in an permit issued by the Kern County Air Pollution Control District

for a minor modification, (3) that Calaveras violated Subpart F of the

New Source Performance Standards (``NSPS''), 40 CFR Part 60, by failing

to submit timely continuous emissions monitoring (``CEM'') data for

emissions from its kiln and clinker cooler and by exceeding the

emissions limits for particulate matter on three occasions, and (4)

that Calaveras violated Subpart Y (as well as Subpart A) of the NSPS,

40 C.F.R. Part 60, by failing to conduct a timely performance test on

its coal preparation plant.

Pursuant to the consent decree Calaveras will pay a civil penalty

of $222,000 and will operate under interim emission limits set forth in

the consent decree until Calaveras' application for a federally

approved permit has been resolved.

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

[[Page 55409]]

Natural Resources Division, Department of Justice, Washington, D.C.

20530, and should refer to United States v. Calaveras Cement Company,

DOJ Ref. #90-5-2-1920.

The proposed consent decree may be examined at the office of the

United States Attorney, for the Eastern District of California, 1130

``O'' Street, Room 3654, Fresno, CA 93721 (209) 498-7272; the Region IX

Office of the Environmental Protection Agency, 75 Hawthorne Street, San

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

3rd 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, 1120 G Street, N.W., 3rd Floor, Washington,

D.C. 20005. In requesting a copy please refer to the referenced case

and enclose a check in the amount of $5.75 (25 cents per page

reproduction costs), payable to the Consent Decree Library.

Joel Gross,

Chief, Environmental Enforcement Section, Environmental and Natural

Resources Division.

[FR Doc. 98-27690 Filed 10-14-98; 8:45 am]

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