[Federal Register Volume 74, Number 195 (Friday, October 9, 2009)]
[Notices]
[Pages 52259-52260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24366]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Clean Air Act

    Notice is hereby given that on October 5, 2009, the United States 
lodged a proposed Consent Decree (``Consent Decree'') in the United 
States District Court for the Eastern District of Louisiana in the 
matter captioned United States and State of Louisiana v. Mosaic 
Fertilizer, LLC, Civil Action No. 2:09-cv-6662.
    In this action, the United States and the State of Louisiana sought 
injunctive relief and civil penalties in connection with sulfur dioxide 
(``SO<INF>2</INF>'') emitted from two sulfuric acid production units at 
the Mosaic Fertilizer, LLC (``Mosaic'') Uncle Sam plant, located in 
Uncle Sam, Louisiana. The United States and the State of Louisiana 
alleged in a complaint (``Complaint'') filed simultaneously with the 
lodging of the Consent Decree that Mosaic was liable under the New 
Source Review Prevention of Significant Deterioration (``PSD'') 
provisions of the Clean Air Act, 42 U.S.C. 7475(a), and the PSD 
provisions of the federally-approved Louisiana Air Control Commission 
Implementation Plan, for the failure to obtain a preconstruction PSD 
permit incorporating the best available control technology (``BACT'') 
when modifications were made to the sulfuric acid production units 
known as the Uncle Sam A Train and Uncle Sam D Train, and for the 
subsequent operation of those units without a PSD permit incorporating 
BACT. The Complaint also alleged that Mosaic violated the New Source 
Performance Standards (``NSPS''), set forth at 40 CFR 60.82-60.84, 
promulgated by EPA under Section 111(b)(1) of the Clean Air Act, 42 
U.S.C. 7411(b)(1), which became applicable to the Uncle Sam A Train 
upon its modification.
    Under the terms of the Consent Decree, the civil claims for relief

[[Page 52260]]

concerning the Uncle Sam Plant A Train and D Train would be resolved, 
and Mosaic would be required to (1) reduce emissions of SO<INF>2</INF> 
from the Uncle Sam A Train and D Train to rates consistent with BACT; 
and (2) pay a civil penalty of $2.4 million ($1.8 million to the United 
States and $600,000 to the State of Louisiana). In addition, Mosaic 
will undertake a project to reduce SO<INF>2</INF> emissions from the 
third sulfuric acid production unit at the Uncle Sam plant, known as 
the Uncle Sam E Train. For reasons independent of this civil action, 
Mosaic has ceased sulfuric acid production at its Mulberry plant in 
Bartow, Florida, and plans to permanently terminate production at that 
facility. The Consent Decree prohibits Mosaic from using the emission 
credits generated by that shutdown to permit increased SO<INF>2</INF> 
emissions at another of its facilities.
    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, and either e-mailed to 
<a href="/cdn-cgi/l/email-protection#afdfdacdccc0c2c2cac1db82cacadc81cac1ddcbefdadccbc0c581c8c0d9"><span class="__cf_email__" data-cfemail="ee9e9b8c8d8183838b809ac38b8b9dc08b809c8aae9b9d8a8184c0898198">[email protected]</span></a> or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States, et al. v. Mosaic Fertilizer, LLC, D.J. Ref. No. 90-5-2-
1-08957.
    The Consent Decree may be examined at the Office of the United 
States Attorney, 500 Poydras Street, Room B-210, New Orleans, Louisiana 
70130 and at U.S. EPA Region 6, 1445 Ross Avenue, Suite 1200, Dallas, 
Texas 75202-2733. 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 proposed 
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 
(<a href="/cdn-cgi/l/email-protection#176378797e7639717b7272636078787357626473787d39707861"><span class="__cf_email__" data-cfemail="671308090e0649010b0202131008080327121403080d49000811">[email protected]</span></a>), 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 $13.25 for a copy of a 
version without signature pages and appendices (25 cents per page 
reproduction cost), or $22.00 for a copy of a version that includes all 
signature pages and appendices, payable to the U.S. Treasury or, if by 
e-mail or fax, forward a check in the stated amount for the version 
selected to the Consent Decree Library at the stated address.

 Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E9-24366 Filed 10-8-09; 8:45 am]
BILLING CODE 4410-15-P


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