[Federal Register Volume 68, Number 79 (Thursday, April 24, 2003)]
[Notices]
[Pages 20171-20172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10084]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Under 218 CFR 50.7, notice is hereby given that on April 9, 2003, a 
proposed Consent Decree in United States v. Archer Daniels Midland 
Company, (``ADM''), Civil Action No. 03-2066 was lodged with the United 
States District Court for the Central District of Illinois. The Consent 
Decree addresses claims for violations of the Preventions of 
Significant Deterioration (``PSD'') and New Source Performance 
Standards (``NSPS'') requirements of the Clean Air Act pursuant to 
section 113(b) of the Clean Air Act (``Act''), 42 U.S.C. 7413(b) 
(1983), amended by, 42 U.S.C. 7413(b) (Supp. 1991), at 52 plants in 16 
states. The Complaint alleges that ADM routinely underestimated its VOC 
emissions from corn processing and ethanol production units and 
modified and expanded its oilseed plants without obtaining appropriate 
pre-construction permits and installing air pollution control 
equipment.
    Under the terms of the Consent Decree, ADM will install state-of-
the-art air pollution controls on hundreds of units, shut down older, 
dirty units and accept restrictive emission limits on others, for a 
total emission reduction of 63,000 tons per year. In addition ADM will 
meet NSPS, 40 CFR part 60, Subparts Db, Dc, DD, Kb, and VV for boilers, 
grain elevators, coal loading operations, and storage tanks. Finally, 
ADM is obligated to implement a corporate-wide environmental management 
system and conduct multi-media audits of each of its facilities at 
least twice over the life of the Decree.
    The injunctive relief package is expected to cost ADM $328 million 
over the ten year period of compliance. ADM will also pay a civil 
penalty of $4,604,000 ($2,505,600 paid to the United States and 
$2,098,400 paid to the states) and spend $6,363,000 on environmentally 
beneficial projects. The states of Arkansas, Indiana, Illinois, Iowa, 
Kansas, Minnesota, Missouri, Nebraska, North Dakota, South Carolina, 
and Texas; the Iowa Counties of Linn and Polk and the Nebraska County 
of Lancaster have filed Complaints-in-intervention and executed the 
Consent Decree.
    The Department of Justice will receive for a period of 30 days from 
the date of this publication comments relating to the ADM Consent 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to: 
United States v. Archer Daniels Midland Company, D.J. Ref. 90-5-2-1-
2035/2.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Central District of Illinois, 201 S. Vine Street, Room 
226, Urbana, IL 61802, and at U.S. EPA Region 5, 775 West Jackson 77 
Blvd., Chicago, Illinois 60604-3590. During the public comment period 
the ADM Consent Decree may also be examined on the following Department 
of Justice Web site, http://www.usdoj.gov/enrd.open.html. A copy of the 
ADM Consent Decree, may also be obtained by mail from the Consent 
Decree Library, PO Box 7611, U.S. Department

[[Page 20172]]

of Justice, Washington, DC 20044-7611 or by faxing or e-mailing a 
request to Tonia Fleetwood ([email protected]), fax no. (202) 
514-0097, phone confirmation number (202) 514-1547. In requesting a 
copy from the Consent Decree Library, please enclose a check in the 
amount of $67.25 (includes attachments), or $28,25, without attachments 
(25 cents per page reproduction cost) payable to the U.S. Treasury.

Robert Maher,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 03-10084 Filed 4-23-03; 8:45 am]
BILLING CODE 4410-15-M