[Federal Register Volume 65, Number 108 (Monday, June 5, 2000)]
[Notices]
[Pages 35670-35671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13905]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Partial Consent Decree for Interim 
Injunctive Relief Under the Clean Air Act

    Under 28 CFR 50.7, notice is hereby given that on May 23, 2000, a 
proposed Partial Consent Decree for Interim Injunctive Relief 
(``Partial Consent Decree'') in United States v. IBP, Inc., Civil 
Action No. 8:00-CV-28, was lodged with the United States District Court 
for the District of Nebraska.
    In this action the United States seeks injunctive relief and civil 
penalties for IBP's past violations of the Clean Air Act and other 
environmental laws at its meatpacking plant and associated tannery and 
wastewater treatment facility in Dakota City, Nebraska. The United 
States asserts that IBP failed to install required air pollution 
control equipment as the company updated its complex from 1989 to 1995, 
and, as a result, illegally emitted an excessive amount of hydrogen 
sulfide into the air.
    Under the Partial Consent Decree, IBP will build three new covered 
wastewater treatment lagoons by November 30, 2000; decommission its 
existing, uncovered lagoons that are largely responsible for emissions 
of approximately one ton each day of hydrogen sulfide; and undertake 
additional projects to limit the release of hydrogen sulfide into the 
air. The new lagoons will capture hydrogen sulfide generated by the 
wastewater and route it for treatment to a scrubber and flare. Any 
future uses of these lagoons will require approval by the Nebraska 
Department of Environmental Quality, subject to EPA's oversight.
    The Partial Consent Decree further requires IBP to treat over three 
million gallons of well water used at its plant each day, in order to 
reduce the high concentration of sulfate in the well water, which 
breaks down into sulfides and in turn can be converted to hydrogen 
sulfide in wastewater.
    The Partial Consent Decree also incorporates the work required 
under an Administrative Order on Consent entered into by EPA and IBP on 
April 27, 2000, which agreement requires IBP to install 7 on-site and 2 
off-site air monitoring devices to monitor emissions of hydrogen 
sulfide from its Dakota City wastewater treatment facility.
    The Partial Consent Decree today does not resolve the claims in the 
United States' lawsuit, but will provide relief to local citizens from 
IBP's hydrogen sulfide emissions as the case proceeds.
    The Department of Justice will receive for a period of thirty (30) 
days from the

[[Page 35671]]

date of this publication comments relating to the Partial 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, D.C. 20044-7611, and should refer to 
United States v.IBP, Inc., Civil Action No. 8:00-CV-28, D.J. Ref. 90-
11-3-06517/3.
    The Partial Consent Decree may be examined at the Office of the 
United States Attorney, 487 Federal Building, 100 Centennial Mall 
North, Lincoln, NE 68508, and at U.S. EPA Region 7, 901 N. 5th St., 
Kansas City, Kansas 66101. A copy of the Partial Consent Decree may 
also be obtained by mail from the Consent Decree Library, P.O. Box 
7611, U.S. Department of Justice, Washington, D.C., 20044-7611. In 
requesting a copy, please enclose a check in the amount of $34.50 (25 
cents per page reproduction cost) payable to the Consent Decree 
Library. In requesting a copy exclusive of exhibits please enclose a 
check in the amount of $15.25 (25 cents per page reproduction cost) 
payable to the Consent Decree Library.

Bruce S. Gelber,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 00-13905 Filed 6-2-00; 8:45 am]
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