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

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[Federal Register: January 25, 2008 (Volume 73, Number 17)]
[Notices]
[Page 4629-4630]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ja08-123]

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DEPARTMENT OF JUSTICE

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

    Notice is hereby given that on January 14, 2008, a proposed Consent
Decree, in United States v. S.H. Bell Co., Civil No. 4:08-cv-96 (N.D.
Ohio), was lodged with the United States District Court for the
Northern District of Ohio. In this action, the United States sought
civil penalties against S.H. Bell for violations of the Clean Air Act
(``CAA''), 42 U.S.C. 7401-7671q, regulations implementing the CAA, the
Ohio State Implementation Plan (``Ohio SIP'') and the Pennsylvania
State Implementation Plan (``Pennsylvania SIP'') at two terminals of
S.H. Bell's facility located at 2217 Michigan Avenue (Stateline
Terminal) and 1 Saint George Street East (Little England Terminal),
Liverpool, Ohio. The United States alleged that S.H. Bell failed to
apply for appropriate permits under the CAA, the Ohio SIP and the
Pennsylvania SIP for stationary sources at its two terminals; failed to
obtain a permit to install (``PTI''), and timely comply with control
requirements of a valid PTI, as required by the Ohio SIP at certain
stationary sources at its East Liverpool facility; and violated the
General Provisions of the New Source Performance Standards (``NSPS'') set
forth at 40 CFR 60.7 and 60.8 for nonmetallic mineral processing plants.
    Under the Consent Decree, S.H. Bell shall: (1) Pay a civil penalty
of $50,000; (2) comply with all applicable emissions limitations and
testing requirements in its existing source operating permits and any
amendments; (3) cooperate with Ohio Environmental Protection Agency
(``Ohio EPA'') and Pennsylvania Department of Environmental Protection
(``Pennsylvania DEP'') officials in the processing of S.H. Bell's filed
applications for appropriate source

[[Page 4630]]

permits at its East Liverpool facility; (4) certify that it does not
currently process nonmetallic minerals at its East Liverpool facility,
and in the event that it resumes such processing, comply with
applicable provisions of NSPS; and, implement two Supplemental
Environmental Projects valued at $386,592, consisting of a Truck
Loadout Shed and Road Paving Projects at its East Liverpool facility.
    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, Environment and Natural Resources Division, and
either emailed to pubcomment-ees.enrd@usdoj.gov or mailed to United
States Department of Justice, P.O. Box 7611, Washington, DC 20044-7611,
and should refer to United States v. S.H. Bell Co., Civil No. 4:08-cv-
96 (N.D. Ohio), and DOJ Reference No. 90-5-2-1-07823.
    The proposed Consent Decree may be examined at: (1) The Office of
the United States Attorney for the Northern District of Ohio, 801 West
Superior Avenue, Suite 400, Cleveland, OH, 44113 (216-622-3600); and
(2) the United States Environmental Protection Agency (Region 5), 77
West Jackson Blvd., Chicago, IL 60604-3507 (contact: John C. Matson
(312-886-2243).
    During the public comment period, the proposed Consent Decree may
also be examined on the following U.S. Department of Justice Web site,
http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the proposed
Consent Decree may also be obtained by mail from the Consent Decree
Library, U.S. Department of Justice, P.O. Box 7611, Washington, DC
20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood
tonia.fleetwood@usdoj.gov), fax no. (202) 514-0097, phone confirmation
no. (202) 514-1547. In requesting a copy from the Consent Decree
Library, please refer to the referenced case and DOJ Reference Number
and enclose a check in the amount of $10 for the Consent Decree only
(40 pages, at 25 cents per page reproduction costs), or $19.25 for the
Consent Decree and Appendix A (77 pages), made payable to the U.S.
Treasury or, if by e-mail or fax, forward a check in that amount to the
Consent Decree Library at the stated address.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 08-271 Filed 1-24-08: 8:45 am]
BILLING CODE 4410-15-M

 
 

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