Notice of Lodging of Consent Decree Pursuant to the Clean Air Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Air Act

In accordance with Department of Justice Policy, 28 C.F.R. 50.7,

notice is hereby given that on August 15, 1996, a proposed Consent

Decree was lodged with the United States District Court for the

District of Kansas in United States v. Farmland Industries, Inc., Civil

Action No. 96-2360-KHV. The proposed Consent Decree settles claims

asserted by the United States at the request of the United States

Environmental Protection Agency (``EPA'') in a Complaint filed on the

same day. The United States filed its complaint pursuant to Section

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

requesting the assessment of civil penalties against Defendant Farmland

Industries, Inc. (``Farmland'') for violations of Section 111 of the

Act, 42 U.S.C. 7411, and of the provisions of the New Source

Performance Standards (``NSPS'') codified at 40 C.F.R. Part 60,

Subparts QQQ and GGG. The United States alleges that the violations

occurred in connection with certain equipment at Farmland's

Coffeyville, Kansas refinery which is subject to the ``Standards of

Performance for VOC Emissions from Petroleum Refinery Wastewater

Systems,'' codified at 40 C.F.R. Part 60, Subpart QQQ, and the

``Standards of Performance for Equipment Leaks of VOC in Petroleum

Refineries,'' codified at 40 C.F.R. Part 60, Subpart GGG.

Under the proposed Consent Decree, Farmland will pay a civil

penalty of $780,000 to the United States. Farmland will also purchase

equipment and devices that will be installed and operated at Farmland's

Coffeyville, Kansas facility as Supplemental Environmental Projects

(``SEPs''). These SEPs shall cost a minimum of $2,150,000 for Farmland

to purchase and install. In return for the payments by Farmland, the

proposed Consent Decree provides that the settlement resolves the

claims alleged by the United States in its complaint, as well as

certain other specified claims for violations of 40 C.F.R. Subpart QQQ

of the NSPS regulations that occurred at Farmland's Coffeyville, Kansas

facility.

The Department of Justice will receive written comments relating to

the proposed Consent Decree for thirty (30) days from the date of

publication of this notice. Comments should be addressed to the

Assistant Attorney General of the Environment and Natural Resources

Division, U.S. Department of Justice, Washington, DC 20530, and should

refer to United States v. Farmland Industries, Inc., D.J. Ref. No. 90-

5-2-1-1948. The proposed Consent Decree may be examined at the Region

VII Office of EPA, 726 Minnesota Avenue, Kansas City, Kansas 66101. A

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

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

DC 20005, (202) 624-0892. In requesting copies, please enclose a check

in the amount of $5.00 (25 cents per page reproduction cost) payable to

the ``Consent Decree Library.''

Bruce S. Gelber,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 96-22085 Filed 8-28-96; 8:45 am]

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