[Federal Register Volume 85, Number 137 (Thursday, July 16, 2020)]
[Notices]
[Page 43262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15303]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under The Resource 
Conservation and Recovery Act and The Emergency Planning and Community 
Right-To-Know Act

    On July 9, 2020, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the District 
of Wyoming in the lawsuit entitled United States of America v. J.R. 
Simplot Company, et al., Civil Action No. 20-CV-125-F. If approved by 
the court, the consent decree would resolve the claims of the United 
States against J.R. Simplot Company and Simplot Phosphates, LLC 
(Simplot) for injunctive relief and civil penalties for alleged 
violations of the Resource Conservation and Recovery Act (RCRA), and 
for civil penalties for alleged violations of the Emergency Planning 
And Community Right-To-Know Act (EPCRA), at Simplot's phosphoric acid 
and fertilizer manufacturing plant located near Rock Springs, Wyoming. 
The consent decree would require Simplot to (1) implement compliance 
projects at the Rock Springs facility; (2) comply with specified 
requirements for management of wastes or other materials at the 
facility and in the facility's phosphogypsum stack system, (3) comply 
with specified requirements for the eventual closure and long-term care 
of the facility, and provide financial assurance to cover the estimated 
cost of such obligations; and (4) continue monitoring the groundwater 
at and near the facility pursuant to an existing order of the State of 
Wyoming and, if needed in the future based on the monitoring, implement 
corrective action to address any groundwater contamination. The consent 
decree would also require Simplot to revise the annual Toxic Chemical 
Release Inventory Reporting Forms it submitted under EPCRA for years 
2004-2013 to include estimates of compounds that previously were not 
included in those reports. In addition, the consent decree would 
require Simplot to pay a civil penalty of $775,000. In return for 
Simplot's compliance with these requirements, the consent decree would 
resolve past RCRA and EPCRA violations at the Rock Springs facility 
that the United States' complaint alleges. Provided that Simplot 
remains in compliance with consent decree's requirements for the 
management of wastes or other materials, under the consent decree the 
United States would also covenant not to sue Simplot under RCRA for its 
management of wastes or other materials at the Rock Springs facility.
    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 v. J.R. Simplot Company, et 
al., D.J. Ref. No. 90-7-1-08388/8. 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 website: 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 $123.50 (25 cents per 
page reproduction cost) payable to the United States Treasury. For a 
paper copy without the Appendices and signature pages, the cost is 
$15.00.

Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2020-15303 Filed 7-15-20; 8:45 am]
BILLING CODE 4410-15-P