80 FR 60717 - Notice of Lodging of Two Proposed Consent Decrees Under the Resource Conservation and Recovery Act

DEPARTMENT OF JUSTICE

Federal Register Volume 80, Issue 194 (October 7, 2015)

[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Notices]
[Page 60717]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25511]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Two Proposed Consent Decrees Under the 
Resource Conservation and Recovery Act

    On September 30, 2015, the Department of Justice lodged two 
proposed Consent Decrees with two United States District Courts, the 
Middle District of Florida and the Eastern District of Louisiana, in 
lawsuits both entitled United States v. Mosaic Fertilizer, LLC, Civil 
Action No. 15-cv-02286 in the Middle District of Florida and Civil 
Action No. 15-cv-04889 in the Eastern District of Louisiana.
    The United States filed these two lawsuits under the Resource 
Conservation and Recovery Act (RCRA). The United States' complaints 
name Mosaic Fertilizer, LLC, as defendant. Mosaic produces phosphorus-
based fertilizer that is commonly applied to corn, wheat and other 
crops across the country. Sulfuric acid is used to extract phosphorus 
from mined rock, which produces large quantities of a solid material 
called phosphogypsum and wastewater that contains high levels of acid. 
Phosphogypsum is stored in large piles, tanks, ditches and ponds; the 
piles can reach 500 feet high and cover more than 600 acres, making 
them some of the largest manmade waste piles in the United States. The 
piles can also contain several billion gallons of highly acidic 
wastewater, which can threaten human health and cause severe 
environmental damage if it reaches groundwater or waterways.
    The alleged violations in this case stem from storage and disposal 
of waste from the production of phosphoric and sulfuric acids, key 
components of fertilizers, at Mosaic's facilities in Bartow, Lithia, 
Mulberry and Riverview, Florida and St. James and Uncle Sam, Louisiana. 
Mosaic allegedly failed to properly treat, store and dispose of 
hazardous waste, and also allegedly failed to provide adequate 
financial assurance for closure of its facilities.
    The complaints seek injunctive relief and civil penalties for 
violations of the RCRA statute and its implementing regulations that 
govern the identification, treatment, storage, and disposal of 
hazardous waste, at six Florida facilities and two facilities in 
Louisiana.
    The two consent decrees require the defendant to perform 
substantial injunctive relief and to pay a $5 million civil penalty to 
the United States and $1.55 million to Louisiana and $1.45 million to 
Florida, who are state co-plaintiffs in these cases. EPA estimates that 
Mosaic will spend approximately $170 million on projects to ensure the 
proper treatment, storage, and disposal of more than 60 billion pounds 
of hazardous waste and reduce the environmental impact of its 
manufacturing and waste management programs. Mosaic also will establish 
a $630 million trust fund--which will be invested to grow until it 
reaches full funding of $1.8 billion--the cost to cover phosphygypsum 
stack closure, including the treatment of hazardous process wastewater, 
at four of its operating facilities, and long-term care of all of its 
Florida and Louisiana facilities. The Mosaic Company, Mosaic 
Fertilizer's parent company, will provide financial guarantees for this 
work, and the settlement also requires Mosaic Fertilizer to submit a 
$50 million letter of credit.
    In addition, Mosaic will spend $2.2 million on two local 
environmental projects: A $1.2 million environmental project in Florida 
to mitigate and prevent certain potential environmental impacts 
associated with an orphaned industrial property located in Mulberry, 
Florida; and a $1 million project in Louisiana to fund studies 
regarding statewide water quality issues and the development of 
watershed nutrient management plans to be utilized by beef cattle, 
dairy and poultry producers.
    The publication of this notice opens a period for public comment on 
the Consent Decrees. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States v. Mosaic Fertilizer, LLC, D.J. Ref. No. 
90-7-1-08388. All comments must be submitted no later than thirty (30) 
days after the publication date of this notice. Comments may be 
submitted either by email or by mail:

------------------------------------------------------------------------
         To submit comments:                     Send them to:
------------------------------------------------------------------------
By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the Consent Decrees may be 
examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/consent-decrees.
    We will provide a paper copy of the Consent Decrees upon written 
request and payment of reproduction costs (25 cents per page). Please 
mail your request and payment to: Consent Decree Library, U.S. DOJ--
ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    If you would like a copy of the Consent Decree lodged with the 
Middle District of Florida, please enclose a check or money order, 
payable to the United States Treasury, for $162.50 (or $20.50 for a 
paper copy without the exhibits). If you would like a copy of the 
Consent Decree lodged with the Eastern District of Louisiana, the cost 
is $124.50 (or $21.25 for a paper copy without the exhibits). If you 
would like a copy of both Consent Decrees, the cost is $287.00 (or 
$41.75 for paper copies without the exhibits).

Maureen M. Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2015-25511 Filed 10-6-15; 8:45 am]
 BILLING CODE 4410-15-P