Federal Register / Vol. 72, No. 31 / Thursday, February 15, 2007 / Notices 7459 

administrative protective order (APO) 

and BPI service list.—Pursuant to 

section 207.7(a) of the Commission’s 

rules, the Secretary will make BPI 

gathered in this investigation available 

to authorized applicants representing 

interested parties (as defined in 19 

U.S.C. § 1677(9)) who are parties to the 

investigation under the APO issued in 

the investigation, provided that the 

application is made not later than seven 

days after the publication of this notice 

in the Federal Register. A separate 

service list will be maintained by the 

Secretary for those parties authorized to 

receive BPI under the APO. 

Conference.—The Commission’s 

Director of Operations has scheduled a 

conference in connection with this 

investigation for 9:30 a.m. on March 1, 

2007, at the U.S. International Trade 

Commission Building, 500 E Street SW., 

Washington, DC. Parties wishing to 

participate in the conference should 

contact Debra Baker (202–205–3180) not 

later than February 26, 2007, to arrange 

for their appearance. Parties in support 

of the imposition of antidumping duties 

in this investigation and parties in 

opposition to the imposition of such 

duties will each be collectively 

allocated one hour within which to 

make an oral presentation at the 

conference. A nonparty who has 

testimony that may aid the 

Commission’s deliberations may request 

permission to present a short statement 

at the conference. 

Written submissions.—As provided in 

sections 201.8 and 207.15 of the 

Commission’s rules, any person may 

submit to the Commission on or before 

March 6, 2007, a written brief 

containing information and arguments 

pertinent to the subject matter of the 

investigation. Parties may file written 

testimony in connection with their 

presentation at the conference no later 

than three days before the conference. If 

briefs or written testimony contain BPI, 

they must conform with the 

requirements of sections 201.6, 207.3, 

and 207.7 of the Commission’s rules. 

The Commission’s rules do not 

authorize filing of submissions with the 

Secretary by facsimile or electronic 

means, except to the extent permitted by 

section 201.8 of the Commission’s rules, 

as amended, 67 FR 68036 (November 8, 

2002). Even where electronic filing of a 

document is permitted, certain 

documents must also be filed in paper 

form, as specified in II(C) of the 

Commission’s Handbook on Electronic 

Filing Procedures, 67 FR 68168, 68173 

(November 8, 2002). 

In accordance with sections 201.16(c) 

and 207.3 of the rules, each document 

filed by a party to the investigation must 

be served on all other parties to the 

investigation (as identified by either the 

public or BPI service list), and a 

certificate of service must be timely 

filed. The Secretary will not accept a 

document for filing without a certificate 

of service. 

Authority: This investigation is being 

conducted under authority of title VII of the 

Tariff Act of 1930; this notice is published 

pursuant to section 207.12 of the 

Commission’s rules. 

By order of the Commission. 

Issued: February 12, 2007. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E7–2676 Filed 2–14–07; 8:45 am] 

BILLING CODE 7020–02–P 

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 RoysterClark, 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 (tonia.fleetwood@usdoj.gov, 

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] 

BILLING CODE 4410–15–M 


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