[Federal Register Volume 74, Number 12 (Wednesday, January 21, 2009)]
[Notices]
[Page 3639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-967]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Under 28 CFR 50.7, notice is hereby given that on January 12, 2009, 
a proposed Consent Decree (``Consent Decree'') in the case of United 
States, et al. v. Chemtrade Logistics (US), Inc., et al., Civil Action 
No. 3:09-cv-00067, was lodged with the United States District Court for 
the Northern District of Ohio.
    In a complaint that was filed simultaneously with the Consent 
Decree, the United States, the State of Louisiana, the State of Ohio, 
and the Oklahoma Department of Environmental Quality (``ODEQ'') sought 
injunctive relief and civil penalties against Chemtrade Logistics (US), 
Inc., Chemtrade Refinery Services Inc., and Marsulex Inc. (collectively 
``Defendants''), pursuant to Sections 113(b) and 304(a) of the Clean 
Air Act (``CAA''), 42 U.S.C. 7413(b), 7604(a), for alleged violations 
of the standards of performance for new stationary sources, 42 U.S.C. 
7411, also known as New Source Performance Standards (``NSPS''); 
preconstruction requirements, 42 U.S.C. 7470-92, 7501-7509a, also known 
as Prevention of Significant Deterioration (``PSD'') and Nonattainment 
New Source Review (``Nonattainment NSR'') requirements; and permit 
requirements, 42 U.S.C. 7503, also known as Title V requirements. The 
claims relate to six sulfuric acid manufacturing facilities located in 
Cairo, Ohio; Oregon, Ohio; Beaumont, Texas; Shreveport, Louisiana; 
Tulsa, Oklahoma; and Riverton, Wyoming.
    The Consent Decree requires the Defendants to pay a civil penalty 
of $700,000 of which $460,000 (66 percent) will be paid to the United 
States and the rest will be divided among the State of Louisiana, the 
State of Ohio, and the ODEQ. The Consent Decree further requires 
Defendants, at all six facilities, to meet certain emission limits (for 
sulfur dioxide and acid mist) and to comply with applicable NSPS 
requirements (including performance testing and monitoring). The 
Northern Arapaho Tribe also joined the Consent Decree because the 
Riverton, Wyoming facility is located on tribal land.
    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, and either e-mailed to 
[email protected] or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States, et al. v. Chemtrade Logistics, et al., D.J. Ref. No. 90-
5-2-1-06944/1.
    The Consent Decree may be examined at the Office of the United 
States Attorney, 801 West Superior Ave., Suite 400, Cleveland, OH 
44113, and at U.S. EPA Region 5, 77 W. Jackson St., Chicago, IL 60604. 
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 number (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 $ 34.75 
(25 cents per page reproduction cost) payable to the U.S. Treasury, or, 
if by e-mail or fax, forward a check in that amount to the Consent 
Decree Library at the stated address.

William D. Brighton,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
 [FR Doc. E9-967 Filed 1-16-09; 8:45 am]
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