Notice of Lodging of Proposed Consent Decree Under the Clean Air Act, 16819-16820 [2014-06597]

Download as PDF Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Notices sroberts on DSK5SPTVN1PROD with NOTICES more or less to the north line of section 2, from which, the one quarter (1⁄4) section corner of sections 2 and 35, Tps. 35 and 36 S., R. 2 W., bears West, 474.00 feet; thence East, along the north line of section 2, 2166 feet more or less to the corner of sections 1, 2, 35 and 36, Tps. 35 and 36 S., R. 2 W.; thence S. 0°17′ E., along the east line of section 2, 2640 feet more or less to the one quarter (1⁄4) section corner of sections 1 and 2; thence S. 0°17′ E., continuing along the east line of section 2, 2640 feet more or less to the corner of sections 1, 2, 11 and 12; thence S. 89°57′ W., along the south line of section 2, 2160 feet more or less to the true point of beginning. Sec. 4, NE1⁄4SW1⁄4; Sec. 9, S1⁄2NW1⁄4, SW1⁄4; The following non-Federal land will be included in the closure should it be acquired by the United States during the period of time the closure is in effect: Willamette Meridian, Jackson County, Oregon T. 36 S., R. 2 W. Sec. 4, SE1⁄4SW1⁄4 and SW1⁄4SW1⁄4; also, Beginning at a 3⁄4 inch iron pipe monumenting the West One-Quarter corner of Section 4, Township 36 South, Range 2 West, Willamette Meridian, Jackson County, Oregon; thence North 00°33′00″ West along West boundary of said Section 4, a distance of 1320.865 feet to a brass cap monumenting the Northwest corner of the Southwest OneQuarter of the Northwest One-Quarter of said Section 4; thence South 89°52′15″ East along the North boundary of said Quarter-Quarter 584.03 feet to a 5⁄8 inch iron pin; thence South 05°08′33″ East 1096.68 feet to a 5⁄8 inch iron pin; thence South 50°00′00″ East 342.82 feet to a 5⁄8 inch iron pin located at the point of curve on the Northerly right of way boundary of a Dedicated Way; thence in a Southwesterly counter-clockwise direction along said right of way boundary along a 50.00 foot radius curve to the left (the long chord to which bears South 46°19′28″ West 69.06 feet) an arc length of 76.23 feet to a 5⁄8 inch iron pin at a point on curve; thence leaving said right of way boundary on a radial line from the center of said 50.00 foot radius curve North 87°21′03″ West 883.26 feet to the point of beginning. also, Beginning at a 3⁄4 inch iron pipe monumenting the West one-quarter corner of Section 4, Township 36 South, Range 2 West, Willamette Meridian, Jackson County, Oregon; thence on a radial line towards the center of a 50.00 foot radius cul-de-sac South 87°21′03″ East 883.26 feet to a 5⁄8 inch iron pin located on the arc of said 50.00 foot radius curve; thence in a Southeasterly counter-clockwise direction along said 50.00 foot radius curve to the left (the long chord to which bears South 11°40′29″ East 24.74 feet) an arc length of 25.00 feet to a 5⁄8 inch iron pin; thence leaving said cul-de-sac South 30°32′53″ West 573.36 feet to a 5⁄8 inch iron pin; thence South 05°25′37″ East 757.36 feet VerDate Mar<15>2010 17:43 Mar 25, 2014 Jkt 232001 to a 5⁄8 inch iron pinwitness monument; thence continue South 05°25′37″ East 10.00 feet, more or less, to the South boundary of the North half of the Southwest quarter of Section 4; thence North 89°49′49″ West along the South boundary of said North half 655.80 feet to the Southwest corner thereof; thence North 00°33′00″ West along the West boundary of said Section 4, a distance of 1320.87 feet to the point of beginning. also, Commencing at a 3⁄4 inch iron pipe monumenting the West quarter corner of Section 4, Township 36 South, Range 2 West, Willamette Meridian, Jackson County, Oregon; thence on a radial line towards the center of a 50.00 foot radius cul-de-sac South 87°21′03″ East 883.26 feet to a 5⁄8 inch iron pin located on the arc of said 50.00 foot radius curve; thence in a Southeasterly, counterclockwise direction, along said 50.00 foot radius curve to the left (the long chord to which bears South 11°40′29″ East 24.74 feet) an arc length of 25.00 feet to a 5⁄8 inch iron pin for the true point of beginning; thence continue along said 50.00 foot radius curve to the left (the long chord to which bears North 71°13′56″ East 99.20 feet) an arc length of 144.46 feet to a 5⁄8 inch iron pin; thence East 277.01 feet to a 5⁄8 inch iron pin; thence along the arc of an 80.00 foot radius curve to the right (the long chord to which bears South 80°54′09″ East 25.30 feet) an arc length of 25.41 feet to a 5⁄8 inch iron pin being a point of reverse curve; thence along the arc of a 120.00 foot radius curve to the left (the long chord to which bears South 80°50′04″ East 37.67 feet) an arc length of 37.82 feet to a 5⁄8 inch iron pin; thence South 89°51′50″ East 35.00 feet to a 5⁄8 inch iron pin; thence South 00°28′30″ East 1271.64 feet to a 5⁄8 inch iron pin witness monument; thence continue South 00°28′30″ East 10.0 feet, more or less, to the South boundary of the North half of the Southwest quarter of said Section 4; thence North 89°49′49″ West along the South boundary of said North half 697.57 feet to a point that bears South 05°25′37″ East from a 5⁄8 inch iron pin witness monument; thence leaving said South boundary North 05°25′37″ West 10.0 feet, more or less, to said 5⁄8 inch iron pin witness monument; thence continue North 05°25′37″ West 757.36 feet to a 5⁄8 inch iron pin; thence North 30°32′53″ East 573.36 feet to the true point of beginning. Sec. 9, N1⁄2NW1⁄4; The temporary restrictions are necessary to protect cultural, historical, wildlife, and botanical resources on newly acquired and existing public lands within the Table Rocks Management Area until they can be inventoried and until the BLM can consider a permanent closure through the land use plan amendment process. The BLM will post restriction signs at main entry points to this area. This Temporary Restriction notice will be posted in the Medford District Office. Maps of the affected area and other PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 16819 documents associated with this closure are available at www.blm.gov/or/ districts/medford/plans/table/ index.php, BLM_OR_MD_Mail@blm.gov, or 3040 Biddle Road, Medford, OR 97504, for the Medford District Butte Falls Resource Area. Under the authority of Section 303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733(a)), 43 CFR 8360.0–7, and 43 CFR 8364.1, the BLM will enforce the following rule(s) within the Table Rocks Management Area: 1. You must not discharge firearms, gas- or air-powered weapons or simulated weapons, including paintball and paintball-like weapons, from or across BLM lands. 2. You must not use motorized vehicles or non-motorized mechanized vehicles that are propelled or powered by any means outside of trailhead parking areas. 3. You must not bring dogs or other domestic animals outside of the trailhead parking areas. 4. You must not bring or use metal detectors, or dig, scrape, disturb, or remove natural land features for any purpose. The following persons are exempt from this order: Federal, State, and local officers and employees in the performance of their official duties; members of organized rescue or firefighting forces in the performance of their official duties; and persons with written authorization from the BLM. Any person who violates the above rule(s) and/or restriction(s) may be tried before a United States Magistrate and fined no more than $1,000, imprisoned for no more than 12 months or both. Such violations may also be subject to the enhanced fines provided for by 18 U.S.C. 3571. Authority: 43 CFR 8364.1. Jon K. Raby, Butte Falls Field Manager, Medford District. [FR Doc. 2014–06718 Filed 3–25–14; 8:45 am] BILLING CODE 4310–33–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Air Act On March 18, 2014, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Western District of Oklahoma in the lawsuit entitled United States, et al. v. El Dorado Chemical Company, et al., Civil Action No. 5:14cv-00271–F. E:\FR\FM\26MRN1.SGM 26MRN1 sroberts on DSK5SPTVN1PROD with NOTICES 16820 Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Notices In this action the United States, acting on behalf of the U.S. Environmental Protection Agency, and joined by the State of Alabama, the Alabama Department of Environmental Management, and the Oklahoma Department of Environmental Quality acting for the State of Oklahoma, filed a complaint under the Clean Air Act (‘‘CAA’’), 42 U.S.C. 7401 et seq., against El Dorado Chemical Company, Cherokee Nitrogen Company, and Pryor Chemical Company, the owners and operators of three nitric acid manufacturing facilities located respectively in El Dorado, Arkansas, Cherokee, Alabama, and Pryor, Oklahoma, seeking civil penalties and injunctive relief. The Complaint alleges that the Defendants constructed or made modifications to a total of six nitric acid plants, located across the three nitric acid manufacturing facilities, without first obtaining preconstruction permits and installing required pollution control equipment, in violation of: The CAA Nonattainment New Source Review, Prevention of Significant Deterioration, and Title V permitting requirement provisions, 42 U.S.C. 7470–7492, 7501–7511f, 7661– 7661f; the CAA State Implementation Plans in Alabama, Arkansas, and Oklahoma, 42 U.S.C. 7410; and Subparts A and G of the CAA’s New Source Performance Standards, 40 CFR 60.2, 60.70, 60.72, 60.73, and 60.82. The Complaint also alleges violations based on Oklahoma law at the Pryor, Oklahoma facility. The Consent Decree resolves the claims in the Complaint and requires the Settling Defendants, who consist of the named Defendants, LSB Industries, Inc. (the named Defendant’s parent company), and El Dorado Nitrogen, L.P. (an LSB Industries subsidiary), to pay a $725,000 civil penalty, of which $362,500 will go to the United States, $156,250 will go to the State of Alabama, and $206,250 will go to the State of Oklahoma. Additionally, under the Consent Decree the Settling Defendants will install or upgrade controls to reduce emissions of NOX and install or upgrade continuous emissions monitoring systems for all operating nitric acid plants at the Arkansas, Alabama, and Oklahoma facilities as well as at an additional facility in Baytown, Texas, operated by El Dorado Nitrogen, L.P. Finally, under the Consent Decree, the Settling Defendants will undertake an environmental mitigation project to remediate acidified soils and reforest land in Union County, Arkansas. The publication of this notice opens a period for public comment on the Consent Decree. Comments should be VerDate Mar<15>2010 17:43 Mar 25, 2014 Jkt 232001 addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States, et al. v. El Dorado Chemical Company, et al., D.J. Ref. No. 90–5–2–1–10311. 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: To submit comments: Send them to: By e-mail ...... pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, Re: Comments D.J. Ref. No. 90–5–2–1–10311, U.S. DOJ–ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ......... During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department Web site: https:// www.justice.gov/enrd/Consent_ Decrees.html. 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 $25.25 (25 cents per page reproduction cost) payable to the United States Treasury. For a paper copy of the Consent Decree without the attachments, which may be alternatively requested, the cost is $20.50. Thomas P. Carroll, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2014–06597 Filed 3–25–14; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree In accordance with Departmental Policy, 28 CFR 50.7, notice is hereby given that a proposed Consent Decree in United States v. Town of Ramapo, New York, Civil Action No. 7:14–cv–01888– NSR, was lodged with the United States District Court for the Southern District of New York on March 18, 2014. This proposed Consent Decree concerns a complaint filed by the United States against Defendant Town of Ramapo, New York, pursuant to Sections 301(a) and 404 of the Clean Water Act, 33 U.S.C. 1311(a), 1344(s), to obtain injunctive relief from and impose PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 civil penalties against the Defendant for violating the Clean Water Act by discharging pollutants without a permit into waters of the United States and by failing to adhere to the conditions of a permit issued under 33 U.S.C. 1344(s). The proposed Consent Decree resolves these allegations by requiring the Defendant to perform mitigation and to pay a civil penalty. The Department of Justice will accept written comments relating to this proposed Consent Decree for thirty (30) days from the date of publication of this Notice. Please address comments to Assistant United States Attorney Andrew E. Krause, United States Attorney’s Office, Southern District of New York, 86 Chambers Street, 3rd Floor, New York, NY 10007, and refer to United States v. Town of Ramapo, New York, USAO No. 2013V00629. The proposed Consent Decree may be examined at the Clerk’s Office of the United States District Court for the Southern District of New York, The Hon. Charles L. Brieant Jr. Federal Building and Courthouse, 300 Quarropas Street, White Plains, NY 10601–4150. In addition, the proposed Consent Decree may be examined electronically at https://www.justice.gov/ enrd/Consent_Decrees.html. Cherie L. Rogers, Assistant Section Chief, Environmental Defense Section, Environment and Natural Resources Division. [FR Doc. 2014–06613 Filed 3–25–14; 8:45 am] BILLING CODE P DEPARTMENT OF LABOR Office of the Secretary Agency Information Collection Activities; Submission for OMB Review; Comment Request; Logging Operations Standard ACTION: Notice. The Department of Labor (DOL) is submitting the Occupational Safety and Health Administration (OSHA) sponsored information collection request (ICR) titled, ‘‘Logging Operations Standard,’’ to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq. DATES: Submit comments on or before April 25, 2014. ADDRESSES: A copy of this ICR with applicable supporting documentation; including a description of the likely SUMMARY: E:\FR\FM\26MRN1.SGM 26MRN1

Agencies

[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Notices]
[Pages 16819-16820]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06597]


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DEPARTMENT OF JUSTICE


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

    On March 18, 2014, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Western 
District of Oklahoma in the lawsuit entitled United States, et al. v. 
El Dorado Chemical Company, et al., Civil Action No. 5:14-cv-00271-F.

[[Page 16820]]

    In this action the United States, acting on behalf of the U.S. 
Environmental Protection Agency, and joined by the State of Alabama, 
the Alabama Department of Environmental Management, and the Oklahoma 
Department of Environmental Quality acting for the State of Oklahoma, 
filed a complaint under the Clean Air Act (``CAA''), 42 U.S.C. 7401 et 
seq., against El Dorado Chemical Company, Cherokee Nitrogen Company, 
and Pryor Chemical Company, the owners and operators of three nitric 
acid manufacturing facilities located respectively in El Dorado, 
Arkansas, Cherokee, Alabama, and Pryor, Oklahoma, seeking civil 
penalties and injunctive relief. The Complaint alleges that the 
Defendants constructed or made modifications to a total of six nitric 
acid plants, located across the three nitric acid manufacturing 
facilities, without first obtaining pre-construction permits and 
installing required pollution control equipment, in violation of: The 
CAA Nonattainment New Source Review, Prevention of Significant 
Deterioration, and Title V permitting requirement provisions, 42 U.S.C. 
7470-7492, 7501-7511f, 7661-7661f; the CAA State Implementation Plans 
in Alabama, Arkansas, and Oklahoma, 42 U.S.C. 7410; and Subparts A and 
G of the CAA's New Source Performance Standards, 40 CFR 60.2, 60.70, 
60.72, 60.73, and 60.82. The Complaint also alleges violations based on 
Oklahoma law at the Pryor, Oklahoma facility.
    The Consent Decree resolves the claims in the Complaint and 
requires the Settling Defendants, who consist of the named Defendants, 
LSB Industries, Inc. (the named Defendant's parent company), and El 
Dorado Nitrogen, L.P. (an LSB Industries subsidiary), to pay a $725,000 
civil penalty, of which $362,500 will go to the United States, $156,250 
will go to the State of Alabama, and $206,250 will go to the State of 
Oklahoma. Additionally, under the Consent Decree the Settling 
Defendants will install or upgrade controls to reduce emissions of 
NOX and install or upgrade continuous emissions monitoring 
systems for all operating nitric acid plants at the Arkansas, Alabama, 
and Oklahoma facilities as well as at an additional facility in 
Baytown, Texas, operated by El Dorado Nitrogen, L.P. Finally, under the 
Consent Decree, the Settling Defendants will undertake an environmental 
mitigation project to remediate acidified soils and reforest land in 
Union County, Arkansas.
    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, et al. v. El Dorado Chemical Company, et 
al., D.J. Ref. No. 90-5-2-1-10311. 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:

------------------------------------------------------------------------
        To submit  comments:                     Send them to:
------------------------------------------------------------------------
By e-mail...........................  pubcomment-ees.enrd@usdoj.gov.
By mail.............................  Assistant Attorney General, Re:
                                       Comments D.J. Ref. No. 90-5-2-1-
                                       10311, U.S. DOJ-ENRD, P.O. Box
                                       7611, Washington, DC 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/Consent_Decrees.html. 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 $25.25 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy of the Consent Decree without the attachments, which may be 
alternatively requested, the cost is $20.50.

Thomas P. Carroll,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2014-06597 Filed 3-25-14; 8:45 am]
BILLING CODE 4410-15-P
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