[Federal Register Volume 76, Number 199 (Friday, October 14, 2011)]
[Notices]
[Pages 63953-63954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26539]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Notice is hereby given that on October 7, 2011, a proposed Consent 
Decree in United States of America v. John Morrell & Co., Civil Action 
No. 4:11-cv-04143-LLP, D.J. Ref. 90-5-1-1-3973/1, was lodged with the 
United States District Court for the District of South Dakota.
    In this action the United States sought civil penalties and 
injunctive relief in connection with Defendant John Morrell & Co.'s 
(``JMC'') violations of Section 112(r) of the Clean Air Act (``CAA''), 
42 U.S.C. 7412(r) at its slaughterhouse and meatpacking facility in 
Sioux Falls, South Dakota (the ``JMC Facility''). The United States 
contends that the JMC Facility's system of storing and using anhydrous 
ammonia was not in compliance with certain regulations of 40 CFR part 
68, the chemical accident prevention provisions that implement CAA 
Section 112(r). JMC has fixed most of the alleged violations identified 
during an EPA inspection of the JMC Facility, and has agreed to 
institute a new nameplate and label creation procedure to fix the 
remaining deficiency related to the absence of appropriate nameplates 
and labels on various plant pipes and tanks. Finally, JMC will pay a 
civil penalty of $206,000.00 to resolve the alleged 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, 
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 of America v. John Morrell & Co., Civil Action No. 4:11-
cv-04143-LLP, D.J. Ref. 90-5-1-1-3973/1.
    During the public comment period, the Consent Decree may be 
examined on the following Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html, maintained by

[[Page 63954]]

the Department of Justice. 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 $7.50 (@ 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.

Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2011-26539 Filed 10-13-11; 8:45 am]
BILLING CODE 4410-15-P