[Federal Register Volume 66, Number 221 (Thursday, November 15, 2001)]
[Notices]
[Page 57484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28565]



[[Page 57484]]

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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act Resolving U.S. 
v. IBP Inc. (D. Nebraska)

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that on October 12, 2001, the United States, on behalf of 
the United States Environmental Protection Agency (``EPA'') lodged with 
the United States District Court for the District of Nebraska a Consent 
Decree resolving the United States' claims against defendant the IBP, 
Inc. in this action. This Consent Decree, together with the Partial 
Consent Decree for Interim Injunctive Relief entered in 2000, will 
fully resolve the United States' Complaint filed on January 12, 2000 in 
the District of Nebraska, alleging violations by IBP, Inc. [sic] 
(``IBP'') of the Clean Air Act, 42 U.S.C. 7401 et seq.; the Clean Water 
Act, 33 U.S.C. 1311 et seq.; the Resource Conservation and Recovery 
Act, 42 U.S.C. 6901 et seq.; the Comprehensive Environmental Response, 
Compensation and Liability Act, 42 U.S.C. 9601 et seq.; and the 
Emergency Planning and Community Right-To-Know Act, 42 U.S.C. 11001 et 
seq., at its Dakota City Nebraska slaughterhouse facility. IBP is the 
world's largest producer of fresh beef, pork, and related products. The 
Dakota City facility is IBP's largest plant.
    Under the Consent Decree, IBP will pay $4.1 million in civil 
penalties, and also will spend approximately $10 million in 
improvements to resolve its violations at the Dakota City facility and 
for additional projects to further reduce its discharge of pollutants 
to the air and water. Specifically, IBP has agreed to construct 
additional wastewater treatment systems at the complex to dramatically 
reduce its discharges of ammonia to the Missouri River. The systems to 
be installed by IBP exceed those required to meet the requirements of 
IBP's current discharge permit, issued in 1995, and are designed to 
allow the company to meet the anticipated stricter requirements of a 
new permit to be issued by EPA under the Clean Water Act. IBP further 
agrees not to contest EPA's authority to issue that permit. IBP also 
will expand a water treatment project designed to strip its incoming 
well water of sulfates and ordered under the prior Partial Consent 
Decree, thereby further reducing the plant's generation of hydrogen 
sulfide. The State of Nebraska is joining the case as a co-plaintiff on 
the CAA claims and will share $1.85 million of the penalty, which will 
be directed to the local school system.
    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 for the Environment and Natural Resources Division, 
Department of Justice, Washington, DC 20530, and should refer to United 
States v. IBP, DOJ Ref. #90-11-3-06517/1.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, District of Nebraska, 1600 Dodge Street, Suite 
1400, Omaha, Nebraska 68102-1506; the Region 7 Office of the 
Environmental Protection Agency, 901 N. 5th St., Kansas City, Kansas 
66101. A copy of the proposed Consent Decree may be obtained by mail 
from the Consent Decree Library, PO Box 7611, United States Department 
of Justice, Washington, DC 20044-7611. In requesting a copy, please 
enclose a check in the amount of $26.50 (25 cents per page reproduction 
cost) payable to the Consent Decree Library.

William D. Brighton,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 01-28565 Filed 11-14-01; 8:45 am]
BILLING CODE 4410-15-M