[Federal Register Volume 72, Number 31 (Thursday, February 15, 2007)]
[Notices]
[Page 7459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-688]


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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 (``NO<INF>x</INF>'') from the nitric acid plant at the Facility 
upon a schedule specified in the Consent Decree; install a continuous 
emissions monitoring system to measure NO<INF>x</INF> 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 Royster-Clark, 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 
(<a href="/cdn-cgi/l/email-protection#04706b6a6d652a6268616170736b6b60447177606b6e2a636b72"><span class="__cf_email__" data-cfemail="55213a3b3c347b3339303021223a3a31152026313a3f7b323a23">[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 $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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