Notice of Lodging of Consent Decree Under the Clean Water Act, Clean Air Act, and the Emergency Planning and Community Right-to-Know Act, 53132 [06-7515]

Download as PDF 53132 Federal Register / Vol. 71, No. 174 / Friday, September 8, 2006 / Notices refuge approximately 12 miles southwest of Tallulah, Louisiana. Tina Chouinard, Natural Resource Planner, Central Louisiana National Wildlife Refuge Complex, telephone: 318/253– 4238; fax: 318/253–7139; e-mail: tina_chouinard@fws.gov or mail (write to the Natural Resource Planner at address in ADDRESSES section). FOR FURTHER INFORMATION CONTACT: Authority: This notice is published under the authority of the National Wildlife Refuge System Improvement Act of 1997, Public Law 105–57. Dated: August 9, 2006. Cynthia K. Dohen, Acting Regional Director. [FR Doc. 06–7503 Filed 9–7–06; 8:45 am] BILLING CODE 4310–55–M DEPARTMENT OF JUSTICE sroberts on PROD1PC70 with NOTICES Notice of Lodging of Consent Decree Under the Clean Water Act, Clean Air Act, and the Emergency Planning and Community Right-to-Know Act Under the policy set out as 28 CFR 50.7, notice is hereby given that on August 31, 2006, the United States lodged with the United States District Court for the Northern District of Iowa, Eastern Division, a proposed consent decree (‘‘Consent Decree’’) in the case of United States v. AgriProcessors, Inc., Civ. A. No. C04–1037–LRR. The Consent Decree settles claims by the United States, pursuant to Sections 301 and 307 of the Clean Water Act (‘‘CWA’’), 33 U.S.C. 1311 and 1317; Section 112(r) of the Clean Air Act (‘‘CAA’’), 42 U.S.C. 7412(r); and Sections 312 and 313 of the Emergency Planning and Community Right-toKnow Act (‘‘EPCRA’’), 42 U.S.C. 11022 and 11023, against AgriProcessors, Inc. (‘‘Agri’’), regarding its meat processing plant in Postville, Iowa. A complaint filed in December 2004 alleged, inter alia, that Agri (1) contributed wastewater from its plant to the City of Postville’s publicly owned treatment works in violation of Section 307 of the CWA; (2) failed to properly submit emergency and hazardous chemical inventory forms and other records in violation of Sections 312(a) and 313 of EPCRA; and (3) failed to properly develop and implement a risk management program in violation of Section 112(r) of the CAA. Under the Consent Decree, Agri agrees to a resolve the United States’ claims for a civil penalty and a Supplemental Environmental Project (‘‘SEP’’). For the SEP, Agri will expend at least $12,330 to purchase certain emergency response VerDate Aug<31>2005 19:38 Sep 07, 2006 Jkt 208001 equipment needed by the City of Postville Fire Department. Agri will pay the cash penalty, $590,756, over a twoyear period with interest. In addition, Agri agrees to perform an environmental compliance audit at is Postville facility, to assess current compliance with the CAA and EPCRA, including applicable state analogues. Agri will also perform an environmental compliance audit at its new meat processing facility in Gordon, Nebraska, to assess current compliance with all applicable Federal and state environmental requirements. The Department of Justice will receive comments relating to the Consent Decree for a period ending on October 5, 2006. Comments must be submitted by close of business on October 5, 2006, and should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United States v. AgriProcessors, Inc., DOJ Ref. No. 90–5–1–1–08078/2. The Consent Decree may be examined at the offices of the United States Attorney, Northern District of Iowa, 401 First Street, SE., Hach Building, Suite 400, Cedar Rapids, IA 52401–1825, and at the offices of U.S. EPA Region 7, 901 N. 5th Street, Kansas City, KS 66101. During the public comment period, the Consent Decree may also be examined on the following Department of Justice Web site, https:// www.usdoj.gov/enrd/open.html. A copy of the Consent Decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, or by faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $12.25 (25 cents per page reproduction cost) payable to the U.S. Treasury). Maureen M. Katz, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 06–7515 Filed 9–7–06; 8:45 am] BILLING CODE 4410–15–M PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 DEPARTMENT OF JUSTICE Notice of Lodging of Partial Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (‘‘CERCLA’’) Consistent with Section 122(d) of the Comprehensive Environmental Response, compensation, and Liability Act of 1980, as amended (‘‘CERCLA’’), 42 U.S.C. 9622(d), and 28 CFR 50.7, notice is hereby given that on September 1, 2006, a proposed Partial Consent Decree with Gerdau Ameristeel US Inc. in United States v. American Cyanamid, et al., Nos. 1:02–CV–109–1 and 1:03–CV–122–3 (M.D. Ga.), was lodged with the United States District Court for the Middle District of Georgia. In this action, the United States seeks to recover from various defendants, pursuant to Sections 107 and 113(g)(2) of CERCLA, 42 U.S.C. 9607 and 9613(g)(2), the costs incurred and to be incurred by the United States in responding to the release and/or threatened release of hazardous substances at and from the Stoller Chemical Company/Pelham Phosphate Company Site (‘‘Site’’) in Pelham, Mitchell County, Georgia. Under the proposed Partial Consent Decree, Defendant Gerdau Ameristeel US Inc. will pay $7,250,000 to the Hazardous Substances Superfund in reimbursement of the costs incurred by the United States at the Site. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Partial Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United States v. American Cyanamid, et al., (M.D. Ga.) (Partical Consent Decree with Gerdau Ameristeel US Inc., DOJ Ref. No. 90–11–3–07602). The Partical Consent Decree may be examined at the Office of the United States Attorney, Middle District of Georgia, Cherry St. Galleria, 4th Floor, 433 Cherry St., Macon, GA 31201 ((478) 752–3511), and at U.S. EPA Region 4, Atlanta Federal Center, 61 Forysth Street, SW., Atlanta, Georgia 30303 (contact Bonnie Sawyer, Esq. (404) 562– 9539). During the public comment period, the Partial Consent Decree may also be examined on the following Department of Justice Web site, https:// www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the Partial Consent Decree may also be E:\FR\FM\08SEN1.SGM 08SEN1

Agencies

[Federal Register Volume 71, Number 174 (Friday, September 8, 2006)]
[Notices]
[Page 53132]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-7515]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water Act, 
Clean Air Act, and the Emergency Planning and Community Right-to-Know 
Act

    Under the policy set out as 28 CFR 50.7, notice is hereby given 
that on August 31, 2006, the United States lodged with the United 
States District Court for the Northern District of Iowa, Eastern 
Division, a proposed consent decree (``Consent Decree'') in the case of 
United States v. AgriProcessors, Inc., Civ. A. No. C04-1037-LRR.
    The Consent Decree settles claims by the United States, pursuant to 
Sections 301 and 307 of the Clean Water Act (``CWA''), 33 U.S.C. 1311 
and 1317; Section 112(r) of the Clean Air Act (``CAA''), 42 U.S.C. 
7412(r); and Sections 312 and 313 of the Emergency Planning and 
Community Right-to-Know Act (``EPCRA''), 42 U.S.C. 11022 and 11023, 
against AgriProcessors, Inc. (``Agri''), regarding its meat processing 
plant in Postville, Iowa. A complaint filed in December 2004 alleged, 
inter alia, that Agri (1) contributed wastewater from its plant to the 
City of Postville's publicly owned treatment works in violation of 
Section 307 of the CWA; (2) failed to properly submit emergency and 
hazardous chemical inventory forms and other records in violation of 
Sections 312(a) and 313 of EPCRA; and (3) failed to properly develop 
and implement a risk management program in violation of Section 112(r) 
of the CAA.
    Under the Consent Decree, Agri agrees to a resolve the United 
States' claims for a civil penalty and a Supplemental Environmental 
Project (``SEP''). For the SEP, Agri will expend at least $12,330 to 
purchase certain emergency response equipment needed by the City of 
Postville Fire Department. Agri will pay the cash penalty, $590,756, 
over a two-year period with interest. In addition, Agri agrees to 
perform an environmental compliance audit at is Postville facility, to 
assess current compliance with the CAA and EPCRA, including applicable 
state analogues. Agri will also perform an environmental compliance 
audit at its new meat processing facility in Gordon, Nebraska, to 
assess current compliance with all applicable Federal and state 
environmental requirements.
    The Department of Justice will receive comments relating to the 
Consent Decree for a period ending on October 5, 2006. Comments must be 
submitted by close of business on October 5, 2006, and should be 
addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, P.O. Box 7611, U.S. Department of Justice, 
Washington, DC 20044-7611, and should refer to United States v. 
AgriProcessors, Inc., DOJ Ref. No. 90-5-1-1-08078/2.
    The Consent Decree may be examined at the offices of the United 
States Attorney, Northern District of Iowa, 401 First Street, SE., Hach 
Building, Suite 400, Cedar Rapids, IA 52401-1825, and at the offices of 
U.S. EPA Region 7, 901 N. 5th Street, Kansas City, KS 66101.
    During the public comment period, the Consent Decree may also be 
examined on the following Department of Justice Web site, https://
www.usdoj.gov/enrd/open.html. A copy of the Consent Decree may also be 
obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, or by faxing or e-
mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax 
no. (202) 514-0097, phone confirmation number (202) 514-1547. In 
requesting a copy from the Consent Decree Library, please enclose a 
check in the amount of $12.25 (25 cents per page reproduction cost) 
payable to the U.S. Treasury).

Maureen M. Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 06-7515 Filed 9-7-06; 8:45 am]
BILLING CODE 4410-15-M
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