[Federal Register Volume 71, Number 218 (Monday, November 13, 2006)]
[Notices]
[Pages 66196-66197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9166]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decrees Under the Comprehensive
Environmental Response, Compensation, and Liability Act
The United States Department of Justice gives notice that on
October 26, 2006, a proposed consent decree was lodged in United States
v. Bunge North America Inc., et al., Civil Action No. 2:06-cv-02209-
MPM-DGB, in the United States District Court for the Central District
of Illinois.
The consent decree resolves claims against Bunge North America,
Inc. and its wholly owned subsidiaries Bunge North America (East),
L.L.C., Bunge North America (OPD West), Inc., and Bunge Milling, Inc.
under Section 113 of the Clean Air Act, 42 U.S.C. 7413. The United
States' complaint alleges that at some or all of the twelve plants
subject to the proposed consent decree, one of the Defendants violated
Clean Air Act requirements related to: Part C of Title I, 42 U.S.C.
7470-7492, Prevention of Significant Deterioration; Title V, 42 U.S.C.
7661-7661f, Permits; certain New Source Performance Standards, 42
U.S.C. 7411, 40 CFR Part 60; the state implementation plans (``SIPs'')
for the eight states in which the plants are located; and SIP
permitting programs for construction and operation of new and modified
stationary sources of air pollution.
The plants subject to the consent decree include eleven soybean
processing plants and one corn dry mill. The soybean processing plants
are located in: Danville, Illinois; Cairo, Illinois; Morristown,
Indiana; Decatur, Indiana; Delphos, Ohio; Marion, Ohio; Council Bluffs,
Iowa; Emporia, Kansas; Destrehan, Louisiana; Marks, Mississippi; and
Decatur, Alabama. The corn dry mill is located in Danville, Illinois.
All eight states where the plants are located have filed motions to
intervene as plaintiffs in the case and are participating in the
settlement.
The proposed consent decree would require Defendants to reduce
emissions of volatile organic compounds from the plants by complying
with interim limits, and setting and complying with final limits, on
each plant's solvent loss ratio (SLR). Under the terms of the consent
decree, the final solvent loss ratio for each of the eleven soybean
plants may not exceed 0.2 gallon of solvent lost per ton of oilseeds
processed (gal/ton) or the plant's existing permit limit, whichever is
lower, and the final capacity-weighted average SLR for the eleven
soybean plants may not exceed 0.175 gal/ton. The consent decree would
limit the SLR ratio for the corn dry mill plant to a maximum of 0.70
gal/ton based on content of hazardous air pollutants.
The consent decree would also require Defendants to undertake
specified additional pollution control projects at various plants, to
reduce emissions of sulfur dioxide, nitrogen oxides, and particulate
matter. Defendants would also be required to pay a civil penalty of
$625,000, which would be divided among the federal government and the
eight states, and to spend at least $1.25 million performing state
supplemental environmental projects to achieve additional environmental
benefits, including at least one project in each of the eight states.
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, P.O. Box 7611,
U.S. Department of Justice, Washington, DC 20044-7611, and should refer
to United States v. Bunge North America, Inc., DOJ Ref. 90-5-
2-1-07950.
The Consent Decree may be examined at the Office of the United
States Attorney, Central District of Illinois, 201 South Vine Street,
Suite 226, Urbana, Illinois 61802, and at the offices of the United
States Environmental Protection Agency in Region 5, 77 W. Jackson
Blvd., Chicago, Illinois 60604, Region 4, 61 Forsyth Street, Atlanta,
Georgia 30303, Region 6, 1445 Ross Avenue, Suite 1200, Dallas, Texas
75202, and Region 7, 901 N. 5th Street, Kansas City, Kansas 66101.
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/Consent_Decrees.html.
A copy of the consent 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. [email protected], Fax No. (202) 514-0097, phone
confirmation number (202) 514-1547. In requesting a copy from the
Consent Decree library,
[[Page 66197]]
please enclose a check payable to the U.S. Treasury in the amount of
$48.25 (for reproduction costs of 25 cents per page for the consent
decree and ten attachments).
William D. Brighton,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 06-9166 Filed 11-9-06; 8:45 am]
BILLING CODE 4410-15-M