[Federal Register Volume 76, Number 79 (Monday, April 25, 2011)]
[Notices]
[Pages 22918-22919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9876]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Clean Air Act

    Notice is hereby given that on April 19, 2011, a proposed Consent 
Decree in United States et al. v. Terra Industries Inc. et al., Civ. A. 
No. 5:11-cv-04038 was lodged with the United States Court for the 
Northern District of Iowa.
    In this action, the United States and Co-Plaintiff States of Iowa, 
Mississippi

[[Page 22919]]

and Oklahoma, sought the penalties and injunctive relief for violations 
of the Clean Air Act (``CAA'') by Terra Industries Inc. (``Terra 
Industries''), Terra International (Oklahoma) Inc. (``Terra 
Oklahoma''), Terra Nitrogen, Limited Partnership (``Terra Nitrogen''), 
Port Neal Corporation (``Port Neal''), and Terra Mississippi Nitrogen, 
Inc. (``Terra Mississippi''), (collectively ``Defendants'' or 
``Terra''). Defendants are the owners and operators of nine nitric acid 
plants in the States of Iowa, Mississippi and Oklahoma. The Complaint 
alleged violations of: (1) The Prevention of Significant Deterioration 
of Air Quality provisions (``PSD''), Part C of Title I, at Sec. Sec.  
160-169B of the CAA, 42 U.S.C. 7470-7492 and corollary State 
Implementation Plans (``SIPs''); (2) the New Source Performance 
Standards for Nitric Acid Plants (``NSPS'') promulgated pursuant to 
Section 111(b) of the CAA, 42 U.S.C. 7411(b) and codified at 40 CFR 
part 60, Subpart G; and (3) the Title V Permit Program Sections 502 and 
503 of the CAA, 42 U.S.C. 7661a through 7661f, and corollary state 
provisions.
    Pursuant to the proposed Consent Decree, Defendants will pay to the 
United States and State Co-Plaintiffs a civil penalty of $625,000 and 
implement injunctive relief at all nine of their nitric acid plants.
    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. Terra Industries Inc. et al., Civ. A. No. 5:11-
cv-04038 (Northern District of Iowa), Department of Justice Case Number 
90-5-2-1-2062/1.
    During the public comment period, the Consent Decree may be 
examined at the Office of the United States Attorney, Northern District 
of Iowa, Hach Building Suite 400, 401 First St. SE, Cedar Rapids, IA 
52401-1825. 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, please enclose a check in the amount of $18.50 
(25 cents per page reproduction cost) payable to the U.S. Treasury.

 Maureen Katz,
Assistant Section Chief.
[FR Doc. 2011-9876 Filed 4-22-11; 8:45 am]
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