[Federal Register Volume 76, Number 236 (Thursday, December 8, 2011)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31520]
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Clean Air Act
Notice is hereby given that on December 2, 2011, a proposed Consent
Decree in United States v. Rentech Nitrogen, LLC, Civil Action No.
3:11-CV-50358, was lodged with the United States District Court for
Northern District of Illinois.
The Consent Decree would resolve claims for injunctive relief and
the assessment of civil penalties asserted by the United States
(Plaintiff), against Rentech Nitrogen, LLC (Defendant) pursuant to
Sections 113(b) and 167 of the Clean Air Act (``CAA''), 42 U.S.C.
7413(b) and 7477.
Defendant produces nitric acid, which is used in the production of
ammonium nitrate and other fertilizers and explosives. The nitric acid
process results in the emissions of regulated air pollutants, including
nitrogen oxides (``NOX''). The Plaintiff's complaint, filed
concurrently with the Consent Decree, alleges that Defendant violated
the Prevention of Significant Deterioration (``PSD'') provisions of the
CAA, 42 U.S.C. 7470-7492, and the implementing regulations at 40 CFR
part 52; the New Source Performance Standards (``NSPS'') provisions of
the CAA, 42 U.S.C. 7411, and the implementing regulations at 40 CFR
part 60, subpart G; Title V of the CAA, 42 U.S.C. 7661 et seq.; and the
State Implementation Plan for the State of Illinois promulgated
pursuant to Section 110 of the CAA, 42 U.S.C. 7410, to the extent it
incorporates and/or implements the above-listed federal requirements.
Specifically, the complaint alleges that Defendant operated a nitric
acid plant since inception without a required PSD permit and without
using the best available control technology (``BACT'') required under
the PSD regulatory framework. Additionally, the complaint alleges that
Defendant's Title V operating permit is deficient for the same reason.
Finally, the complaint alleges that Defendant exceeded emission limits
for NOX, violating the NSPS.
The Consent Decree would require Defendants to achieve BACT level
emissions for NOX, comply with the Nitric Acid NSPS, and
incorporate these requirements into its Title V permit. The Consent
Decree would also provide for a civil penalty of $108,000.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comment relating to the Consent
Comments should be addressed to the Assistant Attorney General,
Environment and Natural Resources Division, and either emailed 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 v. Rentech Nitrogen, LLC, D.J. Ref. No. 90-5-2-1-09773/1.
The Consent Decree may be examined at the United States
Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania
Avenue NW., Washington, DC 20460. 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 emailing 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 $12.50
for a copy of the complete Consent Decree (25 cents per page
reproduction cost), payable to the U.S. Treasury or, if by email or
fax, forward a check in that amount to the Consent Decree Library at
the stated address.
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2011-31520 Filed 12-7-11; 8:45 am]
BILLING CODE 4410-15-P