Notice of Lodging of Consent Decree in Action Brought Under the Clean Air Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree in Action Brought Under the

Clean Air Act

In accordance with 28 CFR 50.7, notice is hereby given that on May

2, 1995, a proposed consent decree in United States v. Nu-West

Industries, Inc., Civil Action No. 95-0205-S-EJL, was lodged with the

United States District Court for the District of Idaho.

This action was brought by the United States of America on behalf

of the Environmental Protection Agency (``EPA'') pursuant to Section

113(b) of the Clean Air Act (``CCA''), 42 U.S.C. 7413(b) for injunctive

relief and assessment of civil penalties against Nu-West Industries,

Inc. (``Nu-West''). The complaint alleges that Nu-West violated Section

113 of the CAA, 42 U.S.C. 7413, the conditions and limitations of the

Idaho State Implementation Plan (``SIP''), 40 CFR 52.670. and the

Performance Standards for Sulfuric Acid Plants, 40 CFR Part 60, Subpart

H. The alleged violations occurred at Nu-West's phosphate fertilizer

facility located in Conda, Idaho.

Pursuant to the proposed consent decree defendant Nu-West will pay

to the United States a civil penalty in the amount of $150,000 for

historical violations of the SIP, will complete two Supplemental

Environmental Projects, which are described fully in the consent

decree, and will be subject to stipulated penalties for failure to meet

the requirements of the consent decree. The consent decree further

requires Nu-West to operate in compliance with the Clean Air Act, the

Idaho State Implementation Plan, and the Performance Standards for

Sulfuric Acid Plants.

The Department of Justice, for a period of thirty (30) days from

the date of this publication, will receive comments relating to the

proposed consent decree. Comments should be addressed to the Assistant

Attorney General, Environment and Natural Resource Division, Department

of Justice, P.O. Box 7611, Ben Franklin Station, Washington, DC 20044,

and should refer to United States v. Nu-West Industries, Inc., DOJ

number 90-5-2-1-1922.

Copies of the proposed consent decree may be examined at the Office

of the United States Attorney, 877 W. Main St., Ste. 201, Boise, Idaho;

and the Consent Decree Library, 1120 G Street NW., 4th Floor,

Washington, DC 20005, (202) 624-0892. A copy of the proposed consent

decree may be obtained by mail or in person from the Consent Decree

Library. When requesting a copy of the consent decree, please enclose a

check in the amount of $3.25 (25 cents per page reproduction costs)

payable to the ``Consent Decree Library''. When requesting a copy

please refer to United States v. Nu-West Industries, Inc., DOJ number

90-5-2-1-1922.

Bruce Gelber,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 95-14990 Filed 6-19-95; 8:45 am]

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