[Federal Register Volume 80, Number 236 (Wednesday, December 9, 2015)]
[Notices]
[Page 76576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30955]


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DEPARTMENT OF JUSTICE


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

    On December 3, 2015, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the District 
of Idaho in the lawsuit entitled United States of America, et al. v. 
J.R. Simplot Company, Civil Action No. 1:15-cv-00562-CWD. The consent 
decree would resolve the claims of the United States, the State of 
Idaho, and the San Joaquin Valley Air Pollution Control District 
(SJVAPCD) against J.R. Simplot Company (Simplot) for injunctive relief 
and civil penalties for alleged violations of the New Source Review 
Prevention of Significant Deterioration (NSR/PSD) and Title V 
provisions of the Clean Air Act, at Simplot's five sulfuric acid 
manufacturing plants located in or near Lathrop, California, Pocatello, 
Idaho, and Rock Springs, Wyoming. The consent decree would require 
Simplot to comply with specified numerical emission limitations, 
including requirements applicable at all times at all five plants to 
comply with year-round emission limitations for sulfur dioxide 
(SO2) and with good air pollution control practices. The 
consent decree also includes numerical emission limitations that apply 
to emissions of sulfuric acid mist and fine particulate matter 
(PM2.5) at one of the Pocatello, Idaho plants at which the 
complaint alleged violations with respect to these pollutants. The 
consent decree would require Simplot to pay a civil penalty of 
$899,000, and to contribute $200,000 to a program operated by the 
SJVAPCD that incentivizes the replacement of old wood or pellet-burning 
devices with new, cleaner hearth options to reduce emissions of 
PM2.5, volatile organic compounds, carbon monoxide, and 
hazardous air pollutants. The consent decree would resolve Simplot's 
liability for past violations of NSR/PSD alleged in the complaint, as 
well any related liability under Title V and New Source Performance 
Standards requirements, at Simplot's five sulfuric acid plants.
    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 of America, et al. v. J.R. Simplot 
Company, D.J. Ref. No. 90-7-1-08388/14. 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, 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. 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 $19.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2015-30955 Filed 12-8-15; 8:45 am]
BILLING CODE 4410-15-P