[Federal Register Volume 69, Number 126 (Thursday, July 1, 2004)]
[Notices]
[Pages 39965-39966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14889]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Under 28 CFR 50.7, notice is hereby given that on June 21, 2004, a 
proposed consent decree in United States and State of Arizona v. Phelps 
Dodge Sierrita, Inc., Civil Action No. 04-312 TUC FRZ, was lodged with 
the United States District Court for the District of Arizona.
    In this action, the United States sought injunctive relief and 
civil penalties under sections 110 and 111 of the Clean Air Act 
(``CAA'') against Phelps Dodge Sierrita (``PDS'') for violations of the 
federally enforceable Arizona State Implementation Plan and the New 
Source Performance Standards at PDS' mine and mineral processing 
facility in Green Valley, Arizona. The consent decree requires PDS to 
comply

[[Page 39966]]

with all applicable CAA requirements, and pay a civil penalty of $1.4 
million, to be split between the United States and the State of 
Arizona.
    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, 
Environment and Natural Resources Division, PO Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States and State of Arizona v. Phelps Dodge Sierrita, Inc., D.J. 
Ref. 90-5-2-1-06548.
    The consent decree may be examined at the Office of the United 
States Attorney, 405 West Congress Street, Suite 4800, Tucson, Arizona, 
and at U.S. EPA Region 9, Office of Regional Counsel, 75 Hawthorne 
Street, San Francisco, California. During the public comment period, 
the consent decree may also be examined on the following Department of 
Justice Web site: http://www.usdoj.gov/enrd/open.html. A copy of the 
consent decree may also be obtained by mail from the Consent Decree 
Library, PO Box 7611, U.S. Department of Justice, Washington, DC 20044-
7611 or by faxing or e-mailing a request to Tonia Fleetwood 
([email protected]), 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 $8.75 (text only) or 
$40.50 (including appendices) (25 cents per page reproduction cost) 
payable to the U.S. Treasury.

Ellen M. Mahan,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 04-14889 Filed 6-30-04; 8:45 am]
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