[Federal Register Volume 76, Number 236 (Thursday, December 8, 2011)]
[Notices]
[Pages 76762-76763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31520]


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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 
Decree.

[[Page 76763]]

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.

Maureen Katz,
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