[Federal Register Volume 71, Number 218 (Monday, November 13, 2006)]
[Notices]
[Pages 66196-66197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9166]


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DEPARTMENT OF JUSTICE


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

    The United States Department of Justice gives notice that on 
October 26, 2006, a proposed consent decree was lodged in United States 
v. Bunge North America Inc., et al., Civil Action No. 2:06-cv-02209-
MPM-DGB, in the United States District Court for the Central District 
of Illinois.
    The consent decree resolves claims against Bunge North America, 
Inc. and its wholly owned subsidiaries Bunge North America (East), 
L.L.C., Bunge North America (OPD West), Inc., and Bunge Milling, Inc. 
under Section 113 of the Clean Air Act, 42 U.S.C. 7413. The United 
States' complaint alleges that at some or all of the twelve plants 
subject to the proposed consent decree, one of the Defendants violated 
Clean Air Act requirements related to: Part C of Title I, 42 U.S.C. 
7470-7492, Prevention of Significant Deterioration; Title V, 42 U.S.C. 
7661-7661f, Permits; certain New Source Performance Standards, 42 
U.S.C. 7411, 40 CFR Part 60; the state implementation plans (``SIPs'') 
for the eight states in which the plants are located; and SIP 
permitting programs for construction and operation of new and modified 
stationary sources of air pollution.
    The plants subject to the consent decree include eleven soybean 
processing plants and one corn dry mill. The soybean processing plants 
are located in: Danville, Illinois; Cairo, Illinois; Morristown, 
Indiana; Decatur, Indiana; Delphos, Ohio; Marion, Ohio; Council Bluffs, 
Iowa; Emporia, Kansas; Destrehan, Louisiana; Marks, Mississippi; and 
Decatur, Alabama. The corn dry mill is located in Danville, Illinois. 
All eight states where the plants are located have filed motions to 
intervene as plaintiffs in the case and are participating in the 
settlement.
    The proposed consent decree would require Defendants to reduce 
emissions of volatile organic compounds from the plants by complying 
with interim limits, and setting and complying with final limits, on 
each plant's solvent loss ratio (SLR). Under the terms of the consent 
decree, the final solvent loss ratio for each of the eleven soybean 
plants may not exceed 0.2 gallon of solvent lost per ton of oilseeds 
processed (gal/ton) or the plant's existing permit limit, whichever is 
lower, and the final capacity-weighted average SLR for the eleven 
soybean plants may not exceed 0.175 gal/ton. The consent decree would 
limit the SLR ratio for the corn dry mill plant to a maximum of 0.70 
gal/ton based on content of hazardous air pollutants.
    The consent decree would also require Defendants to undertake 
specified additional pollution control projects at various plants, to 
reduce emissions of sulfur dioxide, nitrogen oxides, and particulate 
matter. Defendants would also be required to pay a civil penalty of 
$625,000, which would be divided among the federal government and the 
eight states, and to spend at least $1.25 million performing state 
supplemental environmental projects to achieve additional environmental 
benefits, including at least one project in each of the eight states.
    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, 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. Bunge North America, Inc., DOJ Ref.  90-5-
2-1-07950.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Central District of Illinois, 201 South Vine Street, 
Suite 226, Urbana, Illinois 61802, and at the offices of the United 
States Environmental Protection Agency in Region 5, 77 W. Jackson 
Blvd., Chicago, Illinois 60604, Region 4, 61 Forsyth Street, Atlanta, 
Georgia 30303, Region 6, 1445 Ross Avenue, Suite 1200, Dallas, Texas 
75202, and Region 7, 901 N. 5th Street, Kansas City, Kansas 66101. 
During the public comment period, the consent decree may also be 
examined on the following Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html.
    A copy of the consent decree may also be obtained by mail from the 
Consent Decree Library, P.O. 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 from the 
Consent Decree library,

[[Page 66197]]

please enclose a check payable to the U.S. Treasury in the amount of 
$48.25 (for reproduction costs of 25 cents per page for the consent 
decree and ten attachments).

William D. Brighton,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 06-9166 Filed 11-9-06; 8:45 am]
BILLING CODE 4410-15-M