Notice of Lodging of Consent Decree Under the Clean Air Act, 7459 [07-688]

Download as PDF ycherry on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 31 / Thursday, February 15, 2007 / Notices administrative protective order (APO) and BPI service list.—Pursuant to section 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in this investigation available to authorized applicants representing interested parties (as defined in 19 U.S.C. § 1677(9)) who are parties to the investigation under the APO issued in the investigation, provided that the application is made not later than seven days after the publication of this notice in the Federal Register. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Conference.—The Commission’s Director of Operations has scheduled a conference in connection with this investigation for 9:30 a.m. on March 1, 2007, at the U.S. International Trade Commission Building, 500 E Street SW., Washington, DC. Parties wishing to participate in the conference should contact Debra Baker (202–205–3180) not later than February 26, 2007, to arrange for their appearance. Parties in support of the imposition of antidumping duties in this investigation and parties in opposition to the imposition of such duties will each be collectively allocated one hour within which to make an oral presentation at the conference. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the conference. Written submissions.—As provided in sections 201.8 and 207.15 of the Commission’s rules, any person may submit to the Commission on or before March 6, 2007, a written brief containing information and arguments pertinent to the subject matter of the investigation. Parties may file written testimony in connection with their presentation at the conference no later than three days before the conference. If briefs or written testimony contain BPI, they must conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission’s rules, as amended, 67 FR 68036 (November 8, 2002). Even where electronic filing of a document is permitted, certain documents must also be filed in paper form, as specified in II(C) of the Commission’s Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002). In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the investigation must VerDate Aug<31>2005 18:37 Feb 14, 2007 Jkt 211001 be served on all other parties to the investigation (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: This investigation is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.12 of the Commission’s rules. By order of the Commission. Issued: February 12, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–2676 Filed 2–14–07; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Air Act Notice is hereby given that on February 5, 2007, a proposed consent decree (‘‘Consent Decree’’) in the matter of United States vs. Agrium U.S. Inc. and Royster-Clark, Inc., Civil Action No. 1–07–CV–0089, was lodged with the United States District Court for the Southern District of Ohio, Western Division. The Consent Decree would resolve claims of the United States against Agrium U.S. Inc. and Royster-Clark, Inc. (collectively ‘‘Defendants’’) asserted in a complaint filed against the Defendants pursuant to Sections 113(b) and 167 of the Clean Air Act (‘‘the Act’’), 42 U.S.C. 7413(b) and 7477, for injunctive relief and the assessment of civil penalties for violations at a nitric acid production facility located at 10743 Brower Road, Hamilton County, North Bend, Ohio (‘‘Facility’’) of: The Prevention of Significant Deterioration (‘‘PSD’’) provisions of the Act, 42 U.S.C. 7470– 92, and the PSD regulations incorporated into the federally approved and enforceable Ohio State Implementation Plan (‘‘Ohio SIP’’); the New Source Performance Standards (‘‘NSPS’’) of the Act, 42 U.S.C. 7411; the Title V Permit requirements of the Act, 42 U.S.C. 7661, et seq., and Title V’s implementing Federal (40 CFR Part 70) and Ohio regulations (OAC Chapter 3745–77); and the Ohio SIP Permit to Install requirements (OAC 3745–31– 02(A)). The proposed Consent Decree would require, among other things, that the Defendants: Install a selective catalytic reduction device and achieve specified emission limits to control the emissions of nitrogen oxides (‘‘NOx’’) from the PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 7459 nitric acid plant at the Facility upon a schedule specified in the Consent Decree; install a continuous emissions monitoring system to measure NOx emissions at the Facility’s nitric acid plant; apply for a permit to install from Ohio’s permitting authorities incorporating various requirements of the Consent Decree and submit all necessary applications to revise the Facility’s Clean Air Act Title V operating permit to incorporate certain requirements specified in the Consent Decree; and, pay a civil penalty to the United States in the amount of $750,000.00. The Department of Justice will receive, for a period of thirty (30) days from the date of this publication, comments relating to the proposed Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, United States Department of Justice, P.O. Box 7611, Ben Franklin Station, Washington, DC 20044–7611, and should refer to United States v. Agrium U.S. Inc. and RoysterClark, Inc., DOJ Ref. 90–5–2–1–08469. The Consent Decree may be examined at the Office of the United States Attorney for the Southern District of Ohio, 221 East 4th Street, Suite 400, Cincinnati, Ohio 45202 and at the offices of the United States Environmental Protection Agency, Region 5, 77 W. Jackson Blvd., Chicago, Illinois 60604. 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/ Consent_Decrees.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 $7.75 (25 cents per page reproduction cost) payable to the U.S. Treasury or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. William D. Brighton, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources, Division. [FR Doc. 07–688 Filed 2–14–07; 8:45 am] BILLING CODE 4410–15–M E:\FR\FM\15FEN1.SGM 15FEN1

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[Federal Register Volume 72, Number 31 (Thursday, February 15, 2007)]
[Notices]
[Page 7459]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-688]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Notice is hereby given that on February 5, 2007, a proposed consent 
decree (``Consent Decree'') in the matter of United States vs. Agrium 
U.S. Inc. and Royster-Clark, Inc., Civil Action No. 1-07-CV-0089, was 
lodged with the United States District Court for the Southern District 
of Ohio, Western Division.
    The Consent Decree would resolve claims of the United States 
against Agrium U.S. Inc. and Royster-Clark, Inc. (collectively 
``Defendants'') asserted in a complaint filed against the Defendants 
pursuant to Sections 113(b) and 167 of the Clean Air Act (``the Act''), 
42 U.S.C. 7413(b) and 7477, for injunctive relief and the assessment of 
civil penalties for violations at a nitric acid production facility 
located at 10743 Brower Road, Hamilton County, North Bend, Ohio 
(``Facility'') of: The Prevention of Significant Deterioration 
(``PSD'') provisions of the Act, 42 U.S.C. 7470-92, and the PSD 
regulations incorporated into the federally approved and enforceable 
Ohio State Implementation Plan (``Ohio SIP''); the New Source 
Performance Standards (``NSPS'') of the Act, 42 U.S.C. 7411; the Title 
V Permit requirements of the Act, 42 U.S.C. 7661, et seq., and Title 
V's implementing Federal (40 CFR Part 70) and Ohio regulations (OAC 
Chapter 3745-77); and the Ohio SIP Permit to Install requirements (OAC 
3745-31-02(A)).
    The proposed Consent Decree would require, among other things, that 
the Defendants: Install a selective catalytic reduction device and 
achieve specified emission limits to control the emissions of nitrogen 
oxides (``NOx'') from the nitric acid plant at the Facility 
upon a schedule specified in the Consent Decree; install a continuous 
emissions monitoring system to measure NOx emissions at the 
Facility's nitric acid plant; apply for a permit to install from Ohio's 
permitting authorities incorporating various requirements of the 
Consent Decree and submit all necessary applications to revise the 
Facility's Clean Air Act Title V operating permit to incorporate 
certain requirements specified in the Consent Decree; and, pay a civil 
penalty to the United States in the amount of $750,000.00.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, United 
States Department of Justice, P.O. Box 7611, Ben Franklin Station, 
Washington, DC 20044-7611, and should refer to United States v. Agrium 
U.S. Inc. and Royster-Clark, Inc., DOJ Ref. 90-5-2-1-08469.
    The Consent Decree may be examined at the Office of the United 
States Attorney for the Southern District of Ohio, 221 East 4th Street, 
Suite 400, Cincinnati, Ohio 45202 and at the offices of the United 
States Environmental Protection Agency, Region 5, 77 W. Jackson Blvd., 
Chicago, Illinois 60604. 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/Consent_Decrees.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 $7.75 (25 cents per 
page reproduction cost) payable to the U.S. Treasury or, if by e-mail 
or fax, forward a check in that amount to the Consent Decree Library at 
the stated address.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources, Division.
[FR Doc. 07-688 Filed 2-14-07; 8:45 am]
BILLING CODE 4410-15-M
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