[Federal Register Volume 60, Number 118 (Tuesday, June 20, 1995)]
[Notices]
[Page 32168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14990]



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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree in Action Brought Under the 
Clean Air Act

    In accordance with 28 CFR 50.7, notice is hereby given that on May 
2, 1995, a proposed consent decree in United States v. Nu-West 
Industries, Inc., Civil Action No. 95-0205-S-EJL, was lodged with the 
United States District Court for the District of Idaho.
    This action was brought by the United States of America on behalf 
of the Environmental Protection Agency (``EPA'') pursuant to Section 
113(b) of the Clean Air Act (``CCA''), 42 U.S.C. 7413(b) for injunctive 
relief and assessment of civil penalties against Nu-West Industries, 
Inc. (``Nu-West''). The complaint alleges that Nu-West violated Section 
113 of the CAA, 42 U.S.C. 7413, the conditions and limitations of the 
Idaho State Implementation Plan (``SIP''), 40 CFR 52.670. and the 
Performance Standards for Sulfuric Acid Plants, 40 CFR Part 60, Subpart 
H. The alleged violations occurred at Nu-West's phosphate fertilizer 
facility located in Conda, Idaho.
    Pursuant to the proposed consent decree defendant Nu-West will pay 
to the United States a civil penalty in the amount of $150,000 for 
historical violations of the SIP, will complete two Supplemental 
Environmental Projects, which are described fully in the consent 
decree, and will be subject to stipulated penalties for failure to meet 
the requirements of the consent decree. The consent decree further 
requires Nu-West to operate in compliance with the Clean Air Act, the 
Idaho State Implementation Plan, and the Performance Standards for 
Sulfuric Acid Plants.
    The Department of Justice, for a period of thirty (30) days from 
the date of this publication, will receive comments relating to the 
proposed consent decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resource Division, Department 
of Justice, P.O. Box 7611, Ben Franklin Station, Washington, DC 20044, 
and should refer to United States v. Nu-West Industries, Inc., DOJ 
number 90-5-2-1-1922.
    Copies of the proposed consent decree may be examined at the Office 
of the United States Attorney, 877 W. Main St., Ste. 201, Boise, Idaho; 
and 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 by mail or in person from the Consent Decree 
Library. When requesting a copy of the consent decree, please enclose a 
check in the amount of $3.25 (25 cents per page reproduction costs) 
payable to the ``Consent Decree Library''. When requesting a copy 
please refer to United States v. Nu-West Industries, Inc., DOJ number 
90-5-2-1-1922.
Bruce Gelber,
Acting Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 95-14990 Filed 6-19-95; 8:45 am]
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