[Federal Register: July 24, 1998 (Volume 63, Number 142)]
[Notices]               
[Page 39893-39894]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jy98-145]

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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