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

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[Federal Register: July 13, 2009 (Volume 74, Number 132)]
[Notices]
[Page 33475]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy09-107]

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DEPARTMENT OF JUSTICE

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

    Notice is hereby given that on June 25, 2009, a proposed Consent
Decree (``Decree'') in United States v. Holcim (US) Inc., Civil Action
No. 2:09-cv-12526-LPZ-DAS, was lodged with the United States District
Court for the Eastern District of Michigan.
    In this action the United States seeks to address violations of the
Clean Air Act at a Portland cement manufacturing facility owned and
operated by the Defendant, Holcim (US) Inc., in Dundee, Michigan. The
violations, which occurred numerous times for several years, involved
emissions from the main stack for two kilns which exceeded 15% opacity
and the baghouse inlet temperatures for each kiln exceeding its limitation.
    During the course of settlement negotiations with the Department of
Justice, the Defendant on November 11, 2008 announced that it must
reduce production capacity in its cement operations in response to the
extensive downturn in the demand for cement products and stated it
would permanently close the Dundee facility. The Defendant permanently
shut down its two kilns at the Dundee facility, one kiln on November
30, 2008 and the other kiln on March 14, 2009.
    The proposed Decree resolves the Defendant's violations by
implementing injunctive relief which will ensure, if operating the
kilns at the Dundee facility, the Defendant will not exceed the opacity
limitation at the main stack and will not exceed the applicable
baghouse inlet temperature for the kilns. Additionally, the Defendant
has reporting, notification and approval requirements under the Decree
to the U.S. Environmental Protection Agency (``EPA'') and the Michigan
Department of Environmental Quality (``MDEQ''), which includes seeking
permission and receiving approval from EPA and MDEQ to re-start a
permanently closed kiln. The proposed Decree also requires payment of a
civil penalty in the amount of $159,607.
    The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the
proposed Decree. Comments should be addressed to the Assistant Attorney
General, Environment and Natural Resources Division, and either e-
mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611,
U.S. Department of Justice, Washington, DC 20044-7611, and should refer
to United States v. Holcim (US) Inc., D.J. Ref. No. 90-5-2-1-09594.
    The proposed Decree may be examined at the Office of the United
States Attorney, 211 W. Fort Street, Suite 2001, Detroit, Michigan
48226, and at U.S. EPA Region 5, 77 W. Jackson Blvd., 16th Floor (EPA
Library), Chicago, Illinois 60604. During the public comment period,
the proposed Decree may also be examined on the following Department of
Justice Web site http://www.usdoj.gov/enrd/Consent_Decrees.html. A
copy of the proposed Decree may also be obtained by mail from the
Consent Decree Library, P.O. Box 7611, U.S. Department of Justice,
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 number (202) 514-1547. In requesting a copy from the
Consent Decree Library, please enclose a check in the amount of $11.00
(25 cents per page reproduction cost) 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.

Maureen Katz,
Assistant Chief Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. E9-16412 Filed 7-10-09; 8:45 am]
BILLING CODE 4410-15-P

 
 

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