[Federal Register Volume 63, Number 211 (Monday, November 2, 1998)]
[Notices]
[Page 58770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29201]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Resource 
Conservation and Recovery Act of 1976 (RCRA) as Amended, 42 U.S.C. 6928

    Under 28 CFR Sec. 50.7, notice is hereby given that on October 16, 
1998, a proposed Consent Decree in United States v. FMC Corporation, 
Inc., Civil Action No. 98-0406-I-BLW, was lodged with the United States 
District Court for the District of Idaho.
    In this action, the United States sought injunctive relief and 
penalties for violations by FMC Corporation (FMC) of the requirements 
of Sections 3004, 3005, and 3008 of RCRA, 42 U.S.C. Secs. 6924, 6925, 
and 6928, and the regulations promulgated thereunder, in particular 40 
CFR parts 261, 262, 265, and 270, at its facility near Pocatello, 
Idaho. This facility is the world's largest producer of elemental 
phosphorus, which is used in detergents, beverages, foods, synthetic 
lubricants, and pesticides, and is located on 1,400 acres within the 
Shoshone-Bannock Tribe's Fort Hall Indian reservation. The Consent 
Decree resoled the RCRA violations alleged in the Complaint filed 
simultaneously with the lodging of the Consent Decree, which stem 
primarily from FMC's use of certain surface impoundments used to store, 
treat and dispose of FMC's precipitator slurry/dust, which is also 
known as furnace off-gas solids, and waste water from the production of 
elemental phosphorus, which is also called phossy water. These wastes 
contain phosphorus, and have been determined to be ignitable and 
reactive pursuant to 40 CFR Sec. 262.21(a) and 40 CFR Sec. 261.23(a).
    The injunctive relief required under the proposed Consent Decree 
requires FMC to close all ponds illegally handling phosphorus bearing 
wastes, and operate certain interim use replacement ponds under strict 
limitations. FMC also must construct a wastewater treatment plant to 
deactivate the phosphorus bearing wastes, and implement plant upgrades 
to meet RCRA secondary containment requirements for all units handling 
ignitable or reactive wastes. FMC also will pay a civil penalty to the 
United States of $11,864,800, and will offset approximately $5 million 
in additional penalties through the implementation of fourteen 
Supplemental Environmental Projects (SEPs'), which will reduce air 
emissions substantially in advance of the anticipated requirements of a 
future Federal Implementation Plan governing the facility under the 
Clean Air Act. FMC also will undertake as a SEP an environmental and 
public health assessment to evaluate effects of local pollutants on 
biota used by the Shoshone-Bannock Tribe in cultural practices, coupled 
with a public health component to measure any health effects of 
exposure and to present the findings to tribal members.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General 
of the Environment and Natural Resources Division, Department of 
Justice, Washington, D.C. 20530, and should refer to United States v. 
FMC Corporation, Inc., D.J. Ref. 90-7-1-889.
    The Consent Decree may be examined at the Office of the United 
States Attorney, 877 W. Main Street, Suite 201, Boise, Idaho 83702, at 
U.S. EPA Region 10, 1200 Sixth Avenue, ORC-158, Seattle, Washington 
98101, and at the Consent Decree Library, 1120 G Street, N.W., 4th 
Floor, Washington, D.C. 20005, (202) 624-0892. A copy of the Consent 
Decree may be obtained in person or by mail from the Consent Decree 
Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005. In 
requesting a copy, please enclose a check in the amount of $12.50 (25 
cents per page reproduction cost), with attachments a check in the 
amount of $20.75, payable to the Consent Decree Library.
Bruce Gelber,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 98-29201 Filed 10-30-98; 8:45 am]
BILLING CODE 4410-15-M