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

Notice is hereby given that a proposed Consent Decree (``Decree'')

in United States v. Lamb-Weston, Inc., Civil Action No. 98-0280-S-LMB,

was lodged on July 1, 1998, with the United States District Court for

the District of Idaho.

The complaint alleges that defendant Lamb-Weston, Inc. (``Lamb-

Weston'') violated the New Source Performance Standards (``NSPS''), 40

C.F.R. Part 60, Subparts A and Db, at its potato processing plants in

American Falls, and Twin Falls, Idaho (collectively ``the Plants'').

The Plants are affected facilities as defined in the NSPS, which

require: notification of construction, anticipated startup, and actual

startup of affected facilities; performance testing of affected

facilities; monitoring of emissions from affected facilities; and

maintenance of records of such monitoring. Lamb-Weston failed to timely

comply with these requirements at the Plants, as required by Sections

111 and 113 of the Clean Air Act (``CAA''), 42 U.S.C. 7411 and 7413.

Under the proposed Decree, Lamb-Weston shall pay the United States

a civil penalty of $160,000. Lamb-Weston will also complete two

supplemental environmental projects (``SEPs''), at a cost of

approximately $364,000. Lamb-Weston's first SEP is replacement of a

burner at its American Falls plant with a Low-NOX Burner

that will reduce NOX emissions at that plant by at least 40

percent. Lamb-Weston's second SEP is the design, construction and

operation of a wastewater recycling system at its Twin Falls plant.

Currently, Lamb-Weston uses a silt water system to transport whole

potatoes from the Twin

[[Page 39109]]

Falls Facility truck receiving area to other parts of that facility.

The water removes dirt and silt from the potatoes as it washes and

transports them. Lamb-Weston, Inc. then discharges this dirt- and silt-

laden water to the publicly owned treatment works (``POTW''). The

wastewater recycling system will reduce the amount of water used by and

silt water discharged from the silt water system at the Twin Falls

Facility by 45 percent, as well as improve the quality of silt water

discharged from the silt water system at the facility by reducing the

amount of total suspended solids in the discharge by 45 percent. Lamb-

Weston further agrees to operate the Low-NOX Burner and the

wastewater recycling system for at least two years after the effective

date of the proposed Decree.

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 for the Environment and Natural Resources Division,

Department of Justice, Washington, DC 20530, and should refer to United

States v. Lamb-Weston, Inc., DOJ Ref. #90-5-2-1-2129.

The proposed consent decree may be examined at the office of the

United States Attorney, 877 West Main Street, Suite 200, Boise, ID

83702, 208-334-1211; the Region X Office of the Environmental

Protection Agency, 1200 Sixth Avenue, Seattle, WA 98101, 206-553-1218;

and at 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 in person or by mail from the Consent Decree

Library, 1120 G Street, NW., 4th Floor, Washington, DC 20005. In

requesting a copy please refer to the referenced case and enclose a

check in the amount of $9.00 (25 cents per page reproduction costs),

payable to the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 98-19385 Filed 7-20-98; 8:45 am]

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