[Federal Register Volume 63, Number 142 (Friday, July 24, 1998)]
[Notices]
[Pages 39893-39894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19734]
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DEPARTMENT OF JUSTICE
Notice of Lodging of a Consent Decree Under the Clean Air Act
Notice is hereby given that on June 12, 1998, a proposed Consent
Decree in United States v. Wells Cargo, Inc., Civil Action No. CV-S-98-
00901-LDG (RLH) was lodged with the United States District Court for
the District of Nevada.
In this action the United States sought injunctive relief and the
assessment of civil penalties against Wells Cargo, Inc., located in Las
Vegas, Nevada. The United States alleges that Wells Cargo, Inc.
operated its nonmetallic mineral processing plant and hot mix asphalt
facility in violation of Sections 110 and 111 of the Clean Air Act, 42
U.S.C. 7410 and 7411. Specifically, the United States alleges that
Wells Cargo, Inc., in violation of applicable New Source Performance
Standards, failed to make required notification to the U.S.
Environmental Protection Agency regarding the construction commencement
date, the start-up date, and the opacity observation date for new
equipment installed in December, 1994. The United States also alleges
that Wells Cargo failed to perform timely opacity observations after
the installation and start-up of new equipment. The United States
further alleges that Wells Cargo operated its asphalt facility in
violation of the emission limit for visible air contaminants as set
forth in the Nevada state implementation plan. The Consent Decree
entered provides for a civil penalty to be paid by the defendant of
$61,000 and the installation and operation of a smoke recovery system
to be placed over the hot mix asphalt storage silos.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the Consent
Decree. Comments should be addressed to the Assistant Attorney General
of the Environment and Natural Resources Division, Department of
Justice, Washington, D.C. 20530, and should refer to United States v.
Wells Cargo, Inc., D.J. Ref. 90-5-2-1-2127.
The Consent Decree may be examined at the Office of the United
States Attorney, 701 E. Bridger Avenue, Suite
[[Page 39894]]
800, Las Vegas, Nevada, at U.S. EPA Region IX, 75 Hawthorne Street, San
Francisco, CA, and at the Consent Decree Library, 1120 G Street, N.W.,
4th Floor, Washington, D.C. 20005, (202) 624-0892. A copy of the
Consent Decree may be obtained in person or by mail from the Consent
Decree Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005.
In requesting a copy, please enclose a check in the amount of $6.75 (25
cents per page reproduction cost) payable to the Consent Decree
Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division.
[FR Doc. 98-19734 Filed 7-23-98; 8:45 am]
BILLING CODE 4410-15-M
