[Federal Register Volume 72, Number 31 (Thursday, February 15, 2007)]
[Notices]
[Page 7459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-688]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Clean Air Act
Notice is hereby given that on February 5, 2007, a proposed consent
decree (``Consent Decree'') in the matter of United States vs. Agrium
U.S. Inc. and Royster-Clark, Inc., Civil Action No. 1-07-CV-0089, was
lodged with the United States District Court for the Southern District
of Ohio, Western Division.
The Consent Decree would resolve claims of the United States
against Agrium U.S. Inc. and Royster-Clark, Inc. (collectively
``Defendants'') asserted in a complaint filed against the Defendants
pursuant to Sections 113(b) and 167 of the Clean Air Act (``the Act''),
42 U.S.C. 7413(b) and 7477, for injunctive relief and the assessment of
civil penalties for violations at a nitric acid production facility
located at 10743 Brower Road, Hamilton County, North Bend, Ohio
(``Facility'') of: The Prevention of Significant Deterioration
(``PSD'') provisions of the Act, 42 U.S.C. 7470-92, and the PSD
regulations incorporated into the federally approved and enforceable
Ohio State Implementation Plan (``Ohio SIP''); the New Source
Performance Standards (``NSPS'') of the Act, 42 U.S.C. 7411; the Title
V Permit requirements of the Act, 42 U.S.C. 7661, et seq., and Title
V's implementing Federal (40 CFR Part 70) and Ohio regulations (OAC
Chapter 3745-77); and the Ohio SIP Permit to Install requirements (OAC
3745-31-02(A)).
The proposed Consent Decree would require, among other things, that
the Defendants: Install a selective catalytic reduction device and
achieve specified emission limits to control the emissions of nitrogen
oxides (``NOx'') from the nitric acid plant at the Facility
upon a schedule specified in the Consent Decree; install a continuous
emissions monitoring system to measure NOx emissions at the
Facility's nitric acid plant; apply for a permit to install from Ohio's
permitting authorities incorporating various requirements of the
Consent Decree and submit all necessary applications to revise the
Facility's Clean Air Act Title V operating permit to incorporate
certain requirements specified in the Consent Decree; and, pay a civil
penalty to the United States in the amount of $750,000.00.
The Department of Justice will receive, for a period of thirty (30)
days from the date of this publication, comments relating to the
proposed Consent Decree. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, United
States Department of Justice, P.O. Box 7611, Ben Franklin Station,
Washington, DC 20044-7611, and should refer to United States v. Agrium
U.S. Inc. and Royster-Clark, Inc., DOJ Ref. 90-5-2-1-08469.
The Consent Decree may be examined at the Office of the United
States Attorney for the Southern District of Ohio, 221 East 4th Street,
Suite 400, Cincinnati, Ohio 45202 and at the offices of the United
States Environmental Protection Agency, Region 5, 77 W. Jackson Blvd.,
Chicago, Illinois 60604. 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, please enclose a check in the amount of $7.75 (25 cents per
page reproduction cost) payable to the U.S. Treasury or, if by e-mail
or fax, forward a check in that amount to the Consent Decree Library at
the stated address.
William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources, Division.
[FR Doc. 07-688 Filed 2-14-07; 8:45 am]
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