[Federal Register Volume 80, Number 217 (Tuesday, November 10, 2015)]
[Notices]
[Page 69700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28565]


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DEPARTMENT OF JUSTICE


Notice of Extension to Public Comment Period for Two Consent 
Decrees Under the Resource Recovery and Conservation Act

    On September 30, 2015, the Department of Justice lodged two 
proposed Consent Decrees with two United States District Courts, the 
Middle District of Florida and the Eastern District of Louisiana, in 
lawsuits both entitled United States v. Mosaic Fertilizer, LLC, Civil 
Action No. 15-cv-02286 in the Middle District of Florida and Civil 
Action No. 15-cv-04889 in the Eastern District of Louisiana. The 
proposed Consent Decrees will resolve all of the claims of the United 
States against Mosaic under the Resource Conservation and Recovery Act 
(RCRA) at Mosaic's facilities in Bartow, Lithia, Mulberry and 
Riverview, Florida and in St. James and Uncle Sam, Louisiana. They also 
resolve, respectively, the parallel claims of the Florida Department of 
Environmental Protection (FDEP) and the Louisiana Department of 
Environmental Quality (LDEQ) against Mosaic. The alleged violations in 
this case stem from storage and disposal of waste from the production 
of phosphoric and sulfuric acids, key components of fertilizers, at 
Mosaic's facilities.
    The two consent decrees require Mosaic to spend approximately $170 
million on projects to ensure the proper treatment, storage, and 
disposal of its hazardous waste and reduce the environmental impact of 
its manufacturing and waste management programs. Mosaic also will 
establish a $630 million trust fund--which will be invested to grow 
until it reaches full funding of $1.8 billion--the cost to cover 
phosphogypsum stack closure, including the treatment of hazardous 
process wastewater, at four of its operating facilities, and long-term 
care of all of its Florida and Louisiana facilities. The Mosaic 
Company, Mosaic Fertilizer's parent company, will provide financial 
guarantees for this work, and the settlement also requires Mosaic 
Fertilizer to submit a $50 million letter of credit. Mosaic also will 
pay a $5 million civil penalty to the United States and $1.55 million 
to Louisiana and $1.45 million to Florida, who are state co-plaintiffs 
in these cases. In addition, Mosaic will spend $2.2 million on two 
local environmental projects: A $1.2 million environmental project in 
Florida to mitigate and prevent certain potential environmental impacts 
associated with an orphaned industrial property located in Mulberry, 
Florida; and a $1 million project in Louisiana to fund studies 
regarding statewide water quality issues and the development of 
watershed nutrient management plans to be utilized by beef cattle, 
dairy and poultry producers.
    The prior notice of lodging of the Consent Decrees, published on 
October 7, 2015, stated that the Department of Justice would receive 
comments concerning the settlement until November 7, 2015. Having 
received a request for an extension of the initial comment period and 
given the public interest in this settlement, the United States is 
extending the comment period for an additional thirty (30) Days, until 
December 7, 2015.
    The Department of Justice will receive, for a period of sixty (60) 
days from October 7, 2015, any comments relating to the proposed 
Consent Decrees. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, and should refer 
to United States v. Mosaic Fertilizer, LLC, Civil Action No. 15-cv-
02286 in the Middle District of Florida and Civil Action No. 15-cv-
04889 in the Eastern District of Louisiana, with D.J. Ref. No. 90-7-1-
08388. All comments must be submitted no later than December 7, 2015. 
Comments may be submitted by email or by mail:
    To submit comments: Send them to:
    By email: [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 Consent Decrees may be 
examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/consent-decrees.
    We will provide a paper copy of the Consent Decrees upon written 
request and payment of reproduction costs (25 cents per page). Please 
mail your request and payment to: Consent Decree Library, U.S. DOJ-
ENRD, P.O. Box 7611, Washington, DC 20044-7611. If you would like a 
copy of the Consent Decree lodged with the Middle District of Florida, 
please enclose a check or money order, payable to the United States 
Treasury, for $162.50 (or $20.50 for a paper copy without the 
exhibits). If you would like a copy of the Consent Decree lodged with 
the Eastern District of Louisiana, the cost is $124.50 (or $21.25 for a 
paper copy without the exhibits). If you would like a copy of both 
Consent Decrees, the cost is $287.00 (or $41.75 for paper copies 
without the exhibits).

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2015-28565 Filed 11-9-15; 8:45 am]
 BILLING CODE 4410-15-P