[Federal Register Volume 80, Number 236 (Wednesday, December 9, 2015)]
[Notices]
[Page 76576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30955]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean Air
Act
On December 3, 2015, the Department of Justice lodged a proposed
consent decree with the United States District Court for the District
of Idaho in the lawsuit entitled United States of America, et al. v.
J.R. Simplot Company, Civil Action No. 1:15-cv-00562-CWD. The consent
decree would resolve the claims of the United States, the State of
Idaho, and the San Joaquin Valley Air Pollution Control District
(SJVAPCD) against J.R. Simplot Company (Simplot) for injunctive relief
and civil penalties for alleged violations of the New Source Review
Prevention of Significant Deterioration (NSR/PSD) and Title V
provisions of the Clean Air Act, at Simplot's five sulfuric acid
manufacturing plants located in or near Lathrop, California, Pocatello,
Idaho, and Rock Springs, Wyoming. The consent decree would require
Simplot to comply with specified numerical emission limitations,
including requirements applicable at all times at all five plants to
comply with year-round emission limitations for sulfur dioxide
(SO2) and with good air pollution control practices. The
consent decree also includes numerical emission limitations that apply
to emissions of sulfuric acid mist and fine particulate matter
(PM2.5) at one of the Pocatello, Idaho plants at which the
complaint alleged violations with respect to these pollutants. The
consent decree would require Simplot to pay a civil penalty of
$899,000, and to contribute $200,000 to a program operated by the
SJVAPCD that incentivizes the replacement of old wood or pellet-burning
devices with new, cleaner hearth options to reduce emissions of
PM2.5, volatile organic compounds, carbon monoxide, and
hazardous air pollutants. The consent decree would resolve Simplot's
liability for past violations of NSR/PSD alleged in the complaint, as
well any related liability under Title V and New Source Performance
Standards requirements, at Simplot's five sulfuric acid plants.
The publication of this notice opens a period for public comment on
the consent decree. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
should refer to United States of America, et al. v. J.R. Simplot
Company, D.J. Ref. No. 90-7-1-08388/14. All comments must be submitted
no later than thirty (30) days after the publication date of this
notice. Comments may be submitted either by email or by mail:
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To submit comments: Send them to:
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By e-mail........................... [email protected].
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
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During the public comment period, the consent decree may be
examined and downloaded at this Justice Department Web site: http://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the consent decree upon written request and payment of reproduction
costs. Please mail your request and payment to: Consent Decree Library,
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
Please enclose a check or money order for $19.75 (25 cents per page
reproduction cost) payable to the United States Treasury.
Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2015-30955 Filed 12-8-15; 8:45 am]
BILLING CODE 4410-15-P