[Federal Register Volume 75, Number 154 (Wednesday, August 11, 2010)]
[Notices]
[Page 48726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19799]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Resource
Conservation and Recovery Act
Notice is hereby given that on August 6, 2010, a proposed Consent
Decree in United States et al. v. CF Industries, Inc., Civil Action No.
8:10-CV-1756T24EAJ was lodged with the United States District Court for
the Middle District of Florida.
In this action the United States sought injunctive relief and civil
penalties for civil violations of the Resource Conservation and
Recovery Act (``RCRA''), 42 U.S.C. 6901 to 6992k, together with its
implementing regulations by CF Industries, Inc. (``CFI''). CFI
manufactures phosphoric acid, sulfuric acid, and nitrogen and phosphate
fertilizer products at a single production facility in Plant City,
Florida that has been in operation at the current approximate 3,300
acre site since 1965.
The settlement reflected in the proposed Consent Decree will
resolve the violations alleged in the Complaint of Sections 3004 and
3005 of the Resource Conservation and Recovery Act (``RCRA''), 42
U.S.C.A. 6924 and 6925, and the implementing regulations at 40 CFR
Parts 261, 262, 264, 265, 268 and 270 that govern the identification,
treatment, storage and disposal of hazardous waste, and specifically
involve the commingling of hazardous wastes with wastes exempted from
RCRA under the Bevill Amendment for mineral processing wastes pursuant
to 40 CFR 261.4(b)(7)(ii) (D) and (P).
Under the proposed settlement, CFI has re-engineered its plant to
cease generating hazardous wastewater previously commingled with RCRA-
exempt mineral processing wastes. CFI also will install a
neutralization system to treat 6 million pounds per year of residual
hazardous waste; implement a comprehensive leak detection and reduction
program; install synthetic protective barriers beneath its production
plants; provide $163.5 million in financial assurance to guarantee
appropriate closure and long term care of the facility; and pay a
penalty of $701,500. Florida is a co-plaintiff in this action, and will
share in the penalty and coordinate with EPA to monitor and enforce
compliance with the Consent Decree.
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, and
either e-mailed to [email protected] or mailed to P.O. Box
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should
refer to United States v. CF Industries, Inc., D.J. Ref. 90-7-
1-08388/5.
The Consent Decree may be examined at the Office of the United
States Attorney for the Middle District of Florida: 400 N. Tampa
Street, Suite 3200, Tampa, Florida 33602, 813.274.6000; 813.274.6358
(Fax); and at the offices of EPA Region 4, Environmental Protection
Agency, Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, GA
30303-3104, Phone: (404) 562-9900 Fax: (404) 562-8174, Toll free: (800)
241-1754.
During the public comment period, the Consent Decree may also be
examined on the following Department of Justice Web site, to 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 $82.75 for the entire
Consent Decree with Appendices (25 cents per page reproduction cost for
331 pages), or $13.50 for the Consent Decree without Appendices (54
pages), payable to the U.S. Treasury or, if by email or fax, forward a
check in that amount to the Consent Decree Library at the stated
address.
Maureen Katz,
Assistant Chief, Environmental Enforcement Section Environment and
Division, Natural Resources.
[FR Doc. 2010-19799 Filed 8-10-10; 8:45 am]
BILLING CODE 4410-15-P