83 FR 16397 - Notice of Lodging of Proposed Second Amendment of Consent Decree Under The Clean Air Act

DEPARTMENT OF JUSTICE

Federal Register Volume 83, Issue 73 (April 16, 2018)

[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Notices]
[Page 16397]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07832]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Second Amendment of Consent Decree 
Under The Clean Air Act

    On April 10, 2018, the Department of Justice lodged a proposed 
Second Amendment of Consent Decree (``Second Amendment'') with the 
United States District Court for the Eastern District of Tennessee in 
the lawsuit entitled United States et al. v. Cemex Inc., et al., Civil 
Action No. 3:16-cv-471.
    This case involves claims for alleged violations of the Prevention 
of Significant Deterioration program of the Clean Air Act (``CAA''), 
CAA's Title V operating permit requirements, and related state law 
requirements at several Portland cement facilities. The original 
Consent Decree resolving the dispute included injunctive relief for 
installation of control technology to reduce emissions of nitrogen 
oxides (NOX), civil penalties, and mitigation of past excess 
NOX emissions. The proposed Second Amendment relates solely 
to requirements in the original Consent Decree applicable to two kilns 
at the Odessa, Texas facility. The amendment is necessitated by the 
technical impracticability of achieving the specified interim emission 
limit for NOX on Kiln 1. The proposed Second Amendment 
resolves this development by increasing the interim limit on Kiln 1 
while accelerating the deadline for installing NOX control 
technology and achieving a NOX emission limit on Kiln 2. The 
amendment will result in a net NOX emission reduction over 
the life of the Consent Decree.
    The publication of this notice opens a period for public comment on 
the Second Amendment. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States et al. v. Cemex Inc., et al., D.J. Ref. 
No. 90-5-2-1-09716. All comments must be submitted no later than thirty 
(30) days after the publication date of this notice. Comments may be 
submitted either by email or by mail:

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         To submit comments:                     Send them to:
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By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    During the public comment period, the Second Amendment may be 
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the Second Amendment upon written request and payment of reproduction 
costs. Please mail your request and payment to: Consent Decree Library, 
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $2.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-07832 Filed 4-13-18; 8:45 am]
 BILLING CODE 4410-15-P