[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Notices]
[Pages 16819-16820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06597]


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DEPARTMENT OF JUSTICE


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

    On March 18, 2014, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Western 
District of Oklahoma in the lawsuit entitled United States, et al. v. 
El Dorado Chemical Company, et al., Civil Action No. 5:14-cv-00271-F.

[[Page 16820]]

    In this action the United States, acting on behalf of the U.S. 
Environmental Protection Agency, and joined by the State of Alabama, 
the Alabama Department of Environmental Management, and the Oklahoma 
Department of Environmental Quality acting for the State of Oklahoma, 
filed a complaint under the Clean Air Act (``CAA''), 42 U.S.C. 7401 et 
seq., against El Dorado Chemical Company, Cherokee Nitrogen Company, 
and Pryor Chemical Company, the owners and operators of three nitric 
acid manufacturing facilities located respectively in El Dorado, 
Arkansas, Cherokee, Alabama, and Pryor, Oklahoma, seeking civil 
penalties and injunctive relief. The Complaint alleges that the 
Defendants constructed or made modifications to a total of six nitric 
acid plants, located across the three nitric acid manufacturing 
facilities, without first obtaining pre-construction permits and 
installing required pollution control equipment, in violation of: The 
CAA Nonattainment New Source Review, Prevention of Significant 
Deterioration, and Title V permitting requirement provisions, 42 U.S.C. 
7470-7492, 7501-7511f, 7661-7661f; the CAA State Implementation Plans 
in Alabama, Arkansas, and Oklahoma, 42 U.S.C. 7410; and Subparts A and 
G of the CAA's New Source Performance Standards, 40 CFR 60.2, 60.70, 
60.72, 60.73, and 60.82. The Complaint also alleges violations based on 
Oklahoma law at the Pryor, Oklahoma facility.
    The Consent Decree resolves the claims in the Complaint and 
requires the Settling Defendants, who consist of the named Defendants, 
LSB Industries, Inc. (the named Defendant's parent company), and El 
Dorado Nitrogen, L.P. (an LSB Industries subsidiary), to pay a $725,000 
civil penalty, of which $362,500 will go to the United States, $156,250 
will go to the State of Alabama, and $206,250 will go to the State of 
Oklahoma. Additionally, under the Consent Decree the Settling 
Defendants will install or upgrade controls to reduce emissions of 
NOX and install or upgrade continuous emissions monitoring 
systems for all operating nitric acid plants at the Arkansas, Alabama, 
and Oklahoma facilities as well as at an additional facility in 
Baytown, Texas, operated by El Dorado Nitrogen, L.P. Finally, under the 
Consent Decree, the Settling Defendants will undertake an environmental 
mitigation project to remediate acidified soils and reforest land in 
Union County, Arkansas.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States, et al. v. El Dorado Chemical Company, et 
al., D.J. Ref. No. 90-5-2-1-10311. 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:

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        To submit  comments:                     Send them to:
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By e-mail...........................  [email protected].
By mail.............................  Assistant Attorney General, Re:
                                       Comments D.J. Ref. No. 90-5-2-1-
                                       10311, U.S. DOJ-ENRD, P.O. Box
                                       7611, Washington, DC 20044-7611.
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    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department Web site: http://www.justice.gov/enrd/Consent_Decrees.html. We will provide a paper 
copy of the 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 $25.25 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy of the Consent Decree without the attachments, which may be 
alternatively requested, the cost is $20.50.

Thomas P. Carroll,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2014-06597 Filed 3-25-14; 8:45 am]
BILLING CODE 4410-15-P