[Federal Register Volume 80, Number 217 (Tuesday, November 10, 2015)]
[Notices]
[Page 69700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28565]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Extension to Public Comment Period for Two Consent
Decrees Under the Resource Recovery and Conservation Act
On September 30, 2015, the Department of Justice lodged two
proposed Consent Decrees with two United States District Courts, the
Middle District of Florida and the Eastern District of Louisiana, in
lawsuits both entitled United States v. Mosaic Fertilizer, LLC, Civil
Action No. 15-cv-02286 in the Middle District of Florida and Civil
Action No. 15-cv-04889 in the Eastern District of Louisiana. The
proposed Consent Decrees will resolve all of the claims of the United
States against Mosaic under the Resource Conservation and Recovery Act
(RCRA) at Mosaic's facilities in Bartow, Lithia, Mulberry and
Riverview, Florida and in St. James and Uncle Sam, Louisiana. They also
resolve, respectively, the parallel claims of the Florida Department of
Environmental Protection (FDEP) and the Louisiana Department of
Environmental Quality (LDEQ) against Mosaic. The alleged violations in
this case stem from storage and disposal of waste from the production
of phosphoric and sulfuric acids, key components of fertilizers, at
Mosaic's facilities.
The two consent decrees require Mosaic to spend approximately $170
million on projects to ensure the proper treatment, storage, and
disposal of its hazardous waste and reduce the environmental impact of
its manufacturing and waste management programs. Mosaic also will
establish a $630 million trust fund--which will be invested to grow
until it reaches full funding of $1.8 billion--the cost to cover
phosphogypsum stack closure, including the treatment of hazardous
process wastewater, at four of its operating facilities, and long-term
care of all of its Florida and Louisiana facilities. The Mosaic
Company, Mosaic Fertilizer's parent company, will provide financial
guarantees for this work, and the settlement also requires Mosaic
Fertilizer to submit a $50 million letter of credit. Mosaic also will
pay a $5 million civil penalty to the United States and $1.55 million
to Louisiana and $1.45 million to Florida, who are state co-plaintiffs
in these cases. In addition, Mosaic will spend $2.2 million on two
local environmental projects: A $1.2 million environmental project in
Florida to mitigate and prevent certain potential environmental impacts
associated with an orphaned industrial property located in Mulberry,
Florida; and a $1 million project in Louisiana to fund studies
regarding statewide water quality issues and the development of
watershed nutrient management plans to be utilized by beef cattle,
dairy and poultry producers.
The prior notice of lodging of the Consent Decrees, published on
October 7, 2015, stated that the Department of Justice would receive
comments concerning the settlement until November 7, 2015. Having
received a request for an extension of the initial comment period and
given the public interest in this settlement, the United States is
extending the comment period for an additional thirty (30) Days, until
December 7, 2015.
The Department of Justice will receive, for a period of sixty (60)
days from October 7, 2015, any comments relating to the proposed
Consent Decrees. Comments should be addressed to the Assistant Attorney
General, Environment and Natural Resources Division, and should refer
to United States v. Mosaic Fertilizer, LLC, Civil Action No. 15-cv-
02286 in the Middle District of Florida and Civil Action No. 15-cv-
04889 in the Eastern District of Louisiana, with D.J. Ref. No. 90-7-1-
08388. All comments must be submitted no later than December 7, 2015.
Comments may be submitted by email or by mail:
To submit comments: Send them to:
By email: [email protected].
By mail: Assistant Attorney General, U.S. DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
During the public comment period, the Consent Decrees may be
examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/consent-decrees.
We will provide a paper copy of the Consent Decrees upon written
request and payment of reproduction costs (25 cents per page). Please
mail your request and payment to: Consent Decree Library, U.S. DOJ-
ENRD, P.O. Box 7611, Washington, DC 20044-7611. If you would like a
copy of the Consent Decree lodged with the Middle District of Florida,
please enclose a check or money order, payable to the United States
Treasury, for $162.50 (or $20.50 for a paper copy without the
exhibits). If you would like a copy of the Consent Decree lodged with
the Eastern District of Louisiana, the cost is $124.50 (or $21.25 for a
paper copy without the exhibits). If you would like a copy of both
Consent Decrees, the cost is $287.00 (or $41.75 for paper copies
without the exhibits).
Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2015-28565 Filed 11-9-15; 8:45 am]
BILLING CODE 4410-15-P