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 on December 17, 1999, a proposed consent decree in

United States v. Titanium Metals Corporation, CV-9-98-00682-HDM (RLH)

(D. Nev.), was lodged with the United States District Court for the

District of Nevada. The proposed consent decree would resolve pending

claims of the United States against Titanium Metals Corporation

(``TIMET''), in the above-referenced action.

The Complaint in the above-referenced civil action seeks injunctive

relief and civil penalties for alleged violations of the Clean Air Act,

42 U.S.C. Sec. 7413(b), at TIMET's titanium manufacturing plant in

Henderson, Nevada. The complaint alleges that TIMET installed a carbon

monoxide (``CO'') burner at its plant prior to obtaining either a

Prevention of Significant Deterioration or minor source permit. The

installation of the burner in reduced emissions of CO, but increased

the facility's potential to emit sulfur dioxide (``SO2'').

Under the proposed Decree, TIMET has agreed to install the Best

Available Control Technology to control SO2 emissions,

enforceable limits on CO and SO2 emissions, and payment of a

civil penalty of $430,000 over a two year period.

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,

United States Department of Justice, P.O. Box 7611, Ben Franklin

Station, Washington, D.C. 20044-7611, and should refer to United States

v. Titanium Metals Corporation, CV-8-87-00682 (D. Nev.), and the

Department of Justice Reference No. 90-5-2-1-2235.

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

United States Attorney for the District of Nevada, 701 East Bridger,

8th Floor, Las Vegas, NV 89101; and at the Region IX Office of the

United States Environmental Protection Agency, 75 Hawthorne Street, San

Francisco, CA 94105. A copy of the proposed Consent Decree may be

obtained by mail from the Department of Justice Consent Decree Library,

P.O. Box 7611, Washington, DC 20044. In requesting a copy, please refer

to DJ #90-5-2-1-2235, and enclose a check in the amount of $7.75 (31

pages at 25 cents per page for reproduction costs). Make checks payable

to the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 99-33834 Filed 12-29-99; 8:45 am]

BILLING CODE 4410-15-M