Notice of Lodging of Consent Decree Pursuant to the Clean Air Act, the Emergency Planning and Community Right To Know Act and the Comprehensive Environmental Response, Compensation, and Liability Act

Federal RegisterJul 30, 1998

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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Air

Act, the Emergency Planning and Community Right To Know Act and the

Comprehensive Environmental Response, Compensation, and Liability Act

In accordance with Departmental policy, 28 CFR 50.7, notice is

hereby given that a proposed Consent Decree in United States v. Terra

International, Inc. and Terra Industries, Inc., No. C98-4070MWB (N.D.

Iowa), was lodged on June 26, 1998, with the United States District

Court for the Northern District of Iowa. With regard to the Defendants,

the Consent Decree resolves claims filed by the United States on behalf

of the United States Environmental Protection Agency (``EPA'') pursuant

to the Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the Emergency

Planning and Community Right to Know Act, 42 U.S.C. 11001 et seq., and

the Comprehensive Environmental Response, Compensation and Liability

Act, as amended, 42 U.S.C. 9601, et seq.

The United States entered into the Consent Decree in connection

with the Terra Industries Port Neal facility located in Port Neal,

Iowa. The Consent Decree provides that the Settling Defendants will pay

a civil monetary penalty of $500,000 plus reimburse the United States a

total of $150,000 for past costs incurred by the United States at the

Site. The Settling Defendants also perform Supplemental Environmental

Projects valued at more than $100,000.

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 National Resources Division,

Department of Justice, Washington, D.C. 20530, and should refer to

United States v. Terra International, Inc. and Terra Industries, Inc.,

DOJ Reg. #90-5-2-1-2062A.

The proposed Consent Decree may be examined at the office of the

United States Attorney, 320 6th Street, Room 327, Sioux City, Iowa

51101; the Region 7 office of the Environmental Protection

[[Page 40737]]

Agency, 726 Minnesota Avenue, Kansas City, Kansas; and at the Consent

Decree Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 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,

N.W., 4th Floor, Washington, D.C. 20005. In requesting a copy refer to

the referenced case and enclose a check in the amount of $5.50 (25

cents per page reproduction costs), payable to the Consent Decree

Library.

Joel M. Gross,

Chief, Environmental Enforcement Section.

[FR Doc. 98-20402 Filed 7-29-98; 8:45 am]

BILLING CODE 4410-15-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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