[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)]
[Notices]
[Pages 34405-34406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13533]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean Air 
Act

    On May 22, 2013, the Department of Justice lodged a proposed 
Consent Decree in United States v. PCS Nitrogen Fertilizer, L.P., Civil 
Action No. 2:13-cv-03660-LMA-ALC, with the United States District Court 
for the Eastern District of Louisiana.
    The PCS Nitrogen (``PCS'') Geismar, Louisiana plant is located on 
about 10 acres at 10886 Highway 75 Geismar, Louisiana 70737. The 
facility is a phosphoric acid plant that produces phosphoric acid and 
manufactures nitrogen solutions, phosphate fertilizer and other 
industrial products. The phosphoric acid production process is subject 
to new source standards in the National Emissions Standard for 
Hazardous Air pollutants (``NESHAPS'') for phosphoric acid 
manufacturing plants, promulgated under Section 112 of the Clean Air 
Act, and codified in 40 CFR part 63, Subpart AA.
    Like the rest of the phosphoric acid industry, the PCS facility 
uses scrubbers to control air emissions, particularly fluorides, 
emanating from its phosphoric acid process equipment. The facility's 
cooling towers are therefore subject to the maximum available control 
technology (``MACT'') standard set forth at 40 CFR 63.602(e).
    PCS historically discharged phosphoric acid scrubber effluent into 
its cooling ponds, and thereafter introduced the commingled effluent 
and pondwater into its cooling towers in violation of 40 CFR 63.602(e). 
Under the proposed Decree, PCS will pay a penalty of $198,825.30 and 
agrees to disable the two pre-scrubber elements discharging to the 
ponds and cooling tower; the majority of this injunctive relief was 
completed as of December 20, 2012, at

[[Page 34406]]

a cost of $105,575. The expected air pollutant benefit is a reduction 
in 15 million pounds/year of HF released to the atmosphere. Stack 
testing has confirmed that PCS's hydrogen fluoride (``HF'') emissions 
comply with 40 CFR part 63, Subpart A, without the operation of these 
pre-scrubber elements.
    The Louisiana Department of Environmental Quality (``LDEQ'') is a 
co-plaintiff in this action, and concurs in the settlement. LDEQ will 
share in the penalty and coordinate with EPA to monitor and enforce 
compliance with the Consent Decree.
    The publication of this notice opens a period for public comment on 
the proposed Consent Decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to PCS Nitrogen, D.J. Ref. 90-7-1-08209. All 
comments must be submitted no later than thirty (30) days after the 
publication date of this notice. Comments may be submitted either by 
email or by mail:

------------------------------------------------------------------------
        To submit comments:                     Send them to:
------------------------------------------------------------------------
By e-mail..........................  [email protected].
By mail............................  Assistant Attorney General, U.S.
                                      DOJ--ENRD, P.O. Box 7611,
                                      Washington, DC 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the proposed Consent Decree may 
be examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy 
of the proposed Consent Decree upon written request and payment of 
reproduction costs. Please mail your request and payment to: Consent 
Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-
7611.
    Please enclose a check or money order for $10.00 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2013-13533 Filed 6-6-13; 8:45 am]
BILLING CODE 4410-15-P