[Federal Register Volume 63, Number 139 (Tuesday, July 21, 1998)]
[Notices]
[Pages 39108-39109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19385]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that a proposed Consent Decree (``Decree'') 
in United States v. Lamb-Weston, Inc., Civil Action No. 98-0280-S-LMB, 
was lodged on July 1, 1998, with the United States District Court for 
the District of Idaho.
    The complaint alleges that defendant Lamb-Weston, Inc. (``Lamb-
Weston'') violated the New Source Performance Standards (``NSPS''), 40 
C.F.R. Part 60, Subparts A and Db, at its potato processing plants in 
American Falls, and Twin Falls, Idaho (collectively ``the Plants''). 
The Plants are affected facilities as defined in the NSPS, which 
require: notification of construction, anticipated startup, and actual 
startup of affected facilities; performance testing of affected 
facilities; monitoring of emissions from affected facilities; and 
maintenance of records of such monitoring. Lamb-Weston failed to timely 
comply with these requirements at the Plants, as required by Sections 
111 and 113 of the Clean Air Act (``CAA''), 42 U.S.C. 7411 and 7413.
    Under the proposed Decree, Lamb-Weston shall pay the United States 
a civil penalty of $160,000. Lamb-Weston will also complete two 
supplemental environmental projects (``SEPs''), at a cost of 
approximately $364,000. Lamb-Weston's first SEP is replacement of a 
burner at its American Falls plant with a Low-NO<INF>X</INF> Burner 
that will reduce NO<INF>X</INF> emissions at that plant by at least 40 
percent. Lamb-Weston's second SEP is the design, construction and 
operation of a wastewater recycling system at its Twin Falls plant. 
Currently, Lamb-Weston uses a silt water system to transport whole 
potatoes from the Twin

[[Page 39109]]

Falls Facility truck receiving area to other parts of that facility. 
The water removes dirt and silt from the potatoes as it washes and 
transports them. Lamb-Weston, Inc. then discharges this dirt- and silt-
laden water to the publicly owned treatment works (``POTW''). The 
wastewater recycling system will reduce the amount of water used by and 
silt water discharged from the silt water system at the Twin Falls 
Facility by 45 percent, as well as improve the quality of silt water 
discharged from the silt water system at the facility by reducing the 
amount of total suspended solids in the discharge by 45 percent. Lamb-
Weston further agrees to operate the Low-NO<INF>X</INF> Burner and the 
wastewater recycling system for at least two years after the effective 
date of the proposed 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 for the Environment and Natural Resources Division, 
Department of Justice, Washington, DC 20530, and should refer to United 
States v. Lamb-Weston, Inc., DOJ Ref. #90-5-2-1-2129.
    The proposed consent decree may be examined at the office of the 
United States Attorney, 877 West Main Street, Suite 200, Boise, ID 
83702, 208-334-1211; the Region X Office of the Environmental 
Protection Agency, 1200 Sixth Avenue, Seattle, WA 98101, 206-553-1218; 
and at the Consent Decree Library, 1120 G Street, NW., 4th Floor, 
Washington, DC 20005, (202) 624-0892. A copy of the proposed consent 
decree may be obtained in person or by mail from the Consent Decree 
Library, 1120 G Street, NW., 4th Floor, Washington, DC 20005. In 
requesting a copy please refer to the referenced case and enclose a 
check in the amount of $9.00 (25 cents per page reproduction costs), 
payable to the Consent Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 98-19385 Filed 7-20-98; 8:45 am]
BILLING CODE 4410-15-M