[Federal Register Volume 69, Number 48 (Thursday, March 11, 2004)]
[Notices]
[Pages 11649-11650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5421]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act

    Notice is hereby given that on February 23, 2004, a proposed 
Consent Decree in United States v. Buckeye Egg Farm, L.P. et al., Civil 
Action No. 3:03 CV 7681, was lodged with the United States District 
Court for the Northern District of Ohio, which will resolve claims 
asserted against defendants Buckeye Egg Farm L.P. (``Buckeye''), its 
general partner Croton Farm, LLC (``Croton Farm''), and Anton Pohlmann, 
the sole member of Croton Farm and the 99% interest limited partner of 
Buckeye, in an Amended Complaint also filed on February 23, 2004. 
Buckeye is the nation's fourth largest egg producer.
    In this action the United States seeks final penalties and 
injunctive relief against Defendants for their failure to comply with 
an EPA request for information and administrative order under sections 
114 and 113 of the Clean Air Act, as well for violations of PSD 
regulations and the Ohio SIP at three Buckeye facilities in Croton, 
Marseilles, and Mount Victory, Ohio. The claims pertain to emissions 
from Buckeye's barns of particulate matter and ammonia. Preliminary air 
emission tests required by EPA indicate that air emissions of 
particulate matter (PM) from Buckeye's facilities are significant--over 
550 tons/year (tpy) from the Croton facility, over 700 tpy from the 
Marseilles facility, and over 600 tpy from the Mt. Victory facility. 
Many scientific studies have linked particulate matter to aggravated 
asthma, coughing, difficult or painful breathing, chronic bronchitis 
and decreased lung function, among other ailments (see http://www.epa.gov/air/urbanair/pm/index.html.) Buckeye also reported ammonia 
emissions of over 800 tpy from its Croton facility, over 375 tpy

[[Page 11650]]

from the Marseilles facility, and nearly 275 tpy from the Mt. Victory 
facility. Ammonia is a lung irritant.
    Under the proposed Consent Decree, Defendants will pay an $880,598 
civil penalty and will spend over $1.6 million to install and test a 
system to capture particulate matter in each of its barns at the 
Marseilles and Mt. Victory facilities before it is vented to the 
outside. They will also use enzyme additive products on the manure 
accumulated in the layer barns to reduce ammonia emissions by at least 
50 percent. Additional controls are required if dust or ammonia 
emissions are not satisfactorily reduced.
    The Croton facility is required by the state of Ohio to install 
belt battery manure handling systems at its layer barns over the next 
five years. Because of this requirement, the Consent Decree requires 
alternative controls for the Croton facility. These include changes in 
bird variety and feed, which are expected to reduce both particulate 
matter and ammonia emissions. The Consent Decree requires extensive 
testing of these measures. If they are not successful, Buckeye will be 
required to install particulate impaction systems and other appropriate 
PM controls for the converted barns. The barns will also be treated 
with the enzyme product for ammonia control. The combination of 
particulate and ammonia controls at these facilities is also expected 
to reduce substantially fly infestations, which have been a subject of 
repeated state and private litigation against Buckeye.
    While Buckeye recently sold its three facilities to Ohio Fresh Eggs 
LLC, the settlement requires Buckeye to bind the purchaser to implement 
the environmental improvements required under the Consent Decree. 
Buckeye remains liable for any violations.
    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 Environmental and Natural Resources Division, Department of 
Justice, P.O. Box 7611, Washington, DC 20044, and should refer to 
United States v. Buckeye Egg Farm, L.P. et al., D.J. Ref. 90-5-2-1-
07262.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Northern District of Ohio, 4 Seagate, Suite 308, 
Toledo, Ohio 43604, or at the Region 5 Office of the Environmental 
Protection Agency, 77 West Jackson Street, Chicago, Illinois 60604-
3590. During the public comment period the proposed Consent Decree may 
also be examined on the following Web site, http://www.usdoj.gov/enrd/open.html. A copy of the proposed Consent Decree may also be obtained 
by mail from the Consent Decree Library, PO Box 7611, U.S. Department 
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, please enclose a check in the amount of $17.75 (71 pages at 25 
cents per page reproduction cost) payable to the U.S. Treasury.

William D. Brighton,
Environmental Enforcement Section, Environment and Natural Resources 
Division.
[FR Doc. 04-5421 Filed 3-10-04; 8:45 am]
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