Notice of Lodging of Consent Decree Under the Resource Conservation and Recovery Act of 1976 (RCRA) as Amended, 42 U.S.C. 6928

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under the Resource

Conservation and Recovery Act of 1976 (RCRA) as Amended, 42 U.S.C. 6928

Under 28 CFR Sec. 50.7, notice is hereby given that on October 16,

1998, a proposed Consent Decree in United States v. FMC Corporation,

Inc., Civil Action No. 98-0406-I-BLW, was lodged with the United States

District Court for the District of Idaho.

In this action, the United States sought injunctive relief and

penalties for violations by FMC Corporation (FMC) of the requirements

of Sections 3004, 3005, and 3008 of RCRA, 42 U.S.C. Secs. 6924, 6925,

and 6928, and the regulations promulgated thereunder, in particular 40

CFR parts 261, 262, 265, and 270, at its facility near Pocatello,

Idaho. This facility is the world's largest producer of elemental

phosphorus, which is used in detergents, beverages, foods, synthetic

lubricants, and pesticides, and is located on 1,400 acres within the

Shoshone-Bannock Tribe's Fort Hall Indian reservation. The Consent

Decree resoled the RCRA violations alleged in the Complaint filed

simultaneously with the lodging of the Consent Decree, which stem

primarily from FMC's use of certain surface impoundments used to store,

treat and dispose of FMC's precipitator slurry/dust, which is also

known as furnace off-gas solids, and waste water from the production of

elemental phosphorus, which is also called phossy water. These wastes

contain phosphorus, and have been determined to be ignitable and

reactive pursuant to 40 CFR Sec. 262.21(a) and 40 CFR Sec. 261.23(a).

The injunctive relief required under the proposed Consent Decree

requires FMC to close all ponds illegally handling phosphorus bearing

wastes, and operate certain interim use replacement ponds under strict

limitations. FMC also must construct a wastewater treatment plant to

deactivate the phosphorus bearing wastes, and implement plant upgrades

to meet RCRA secondary containment requirements for all units handling

ignitable or reactive wastes. FMC also will pay a civil penalty to the

United States of $11,864,800, and will offset approximately $5 million

in additional penalties through the implementation of fourteen

Supplemental Environmental Projects (SEPs'), which will reduce air

emissions substantially in advance of the anticipated requirements of a

future Federal Implementation Plan governing the facility under the

Clean Air Act. FMC also will undertake as a SEP an environmental and

public health assessment to evaluate effects of local pollutants on

biota used by the Shoshone-Bannock Tribe in cultural practices, coupled

with a public health component to measure any health effects of

exposure and to present the findings to tribal members.

The Department of Justice will receive for a period of thirty (30)

days from the date of this publication comments relating to the Consent

Decree. Comments should be addressed to the Assistant Attorney General

of the Environment and Natural Resources Division, Department of

Justice, Washington, D.C. 20530, and should refer to United States v.

FMC Corporation, Inc., D.J. Ref. 90-7-1-889.

The Consent Decree may be examined at the Office of the United

States Attorney, 877 W. Main Street, Suite 201, Boise, Idaho 83702, at

U.S. EPA Region 10, 1200 Sixth Avenue, ORC-158, Seattle, Washington

98101, and at the Consent Decree Library, 1120 G Street, N.W., 4th

Floor, Washington, D.C. 20005, (202) 624-0892. A copy of the 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, please enclose a check in the amount of $12.50 (25

cents per page reproduction cost), with attachments a check in the

amount of $20.75, payable to the Consent Decree Library.

Bruce Gelber,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 98-29201 Filed 10-30-98; 8:45 am]

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