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)

Page Range		60717-60717
FR Document		2015-25511
Federal Register, Volume 80 Issue 194 (Wednesday, 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]


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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:

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         To submit comments:                     Send them to:
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By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    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
Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices 60717

General, Environment and Natural phosphorus from mined rock, which impacts associated with an orphaned
Resources Division, and should refer to produces large quantities of a solid industrial property located in Mulberry,
United States v. Shell Oil Co., D.J. Ref. material called phosphogypsum and Florida; and a $1 million project in
No. 90–11–2–933/4. All comments must wastewater that contains high levels of Louisiana to fund studies regarding
be submitted no later than thirty (30) acid. Phosphogypsum is stored in large statewide water quality issues and the
days after the publication date of this piles, tanks, ditches and ponds; the development of watershed nutrient
notice. Comments may be submitted piles can reach 500 feet high and cover management plans to be utilized by beef
either by email or by mail: more than 600 acres, making them some cattle, dairy and poultry producers.
of the largest manmade waste piles in
To submit the United States. The piles can also The publication of this notice opens
Send them to:
comments: contain several billion gallons of highly a period for public comment on the
acidic wastewater, which can threaten Consent Decrees. Comments should be
By email ....... pubcomment-ees.enrd@
human health and cause severe addressed to the Assistant Attorney
usdoj.gov.
By mail ......... Assistant Attorney General, environmental damage if it reaches General, Environment and Natural
U.S. DOJ—ENRD, P.O. groundwater or waterways. Resources Division, and should refer to
Box 7611, Washington, DC The alleged violations in this case United States v. Mosaic Fertilizer, LLC,
20044–7611. stem from storage and disposal of waste D.J. Ref. No. 90–7–1–08388. All
from the production of phosphoric and comments must be submitted no later
During the public comment period, sulfuric acids, key components of than thirty (30) days after the
the Consent Decree may be examined fertilizers, at Mosaic’s facilities in publication date of this notice.
and downloaded at this Justice Bartow, Lithia, Mulberry and Riverview, Comments may be submitted either by
Department Web site: http:// Florida and St. James and Uncle Sam, email or by mail:
www.justice.gov/enrd/consent-decrees. Louisiana. Mosaic allegedly failed to
We will provide a paper copy of the properly treat, store and dispose of To submit
Consent Decree upon written request hazardous waste, and also allegedly Send them to:
comments:
and payment of reproduction costs. failed to provide adequate financial
Please mail your request and payment assurance for closure of its facilities. By email ....... pubcomment-ees.enrd@
to: Consent Decree Library, U.S. DOJ— The complaints seek injunctive relief usdoj.gov.
ENRD, P.O. Box 7611, Washington, DC and civil penalties for violations of the By mail ......... Assistant Attorney General,
20044–7611. RCRA statute and its implementing U.S. DOJ—ENRD, P.O.
Please enclose a check or money order regulations that govern the Box 7611, Washington, DC
for $103.25 (25 cents per page identification, treatment, storage, and 20044–7611.
reproduction cost) payable to the United disposal of hazardous waste, at six
States Treasury. For a paper copy Florida facilities and two facilities in During the public comment period,
without the exhibits, the cost is $32.50. Louisiana. the Consent Decrees may be examined
The two consent decrees require the and downloaded at this Justice
Henry S. Friedman, defendant to perform substantial Department Web site: http://
Assistant Section Chief, Environmental injunctive relief and to pay a $5 million
Enforcement Section, Environment and www.usdoj.gov/enrd/consent-decrees.
civil penalty to the United States and
Natural Resources Division.
$1.55 million to Louisiana and $1.45 We will provide a paper copy of the
[FR Doc. 2015–25531 Filed 10–6–15; 8:45 am] million to Florida, who are state co- Consent Decrees upon written request
BILLING CODE 4410–15–P plaintiffs in these cases. EPA estimates and payment of reproduction costs (25
that Mosaic will spend approximately cents per page). Please mail your request
$170 million on projects to ensure the and payment to: Consent Decree
DEPARTMENT OF JUSTICE proper treatment, storage, and disposal Library, U.S. DOJ—ENRD, P.O. Box
of more than 60 billion pounds of 7611, Washington, DC 20044–7611.
Notice of Lodging of Two Proposed
Consent Decrees Under the Resource hazardous waste and reduce the If you would like a copy of the
Conservation and Recovery Act environmental impact of its Consent Decree lodged with the Middle
manufacturing and waste management District of Florida, please enclose a
On September 30, 2015, the programs. Mosaic also will establish a check or money order, payable to the
Department of Justice lodged two $630 million trust fund—which will be United States Treasury, for $162.50 (or
proposed Consent Decrees with two invested to grow until it reaches full
$20.50 for a paper copy without the
United States District Courts, the funding of $1.8 billion—the cost to
Middle District of Florida and the exhibits). If you would like a copy of the
cover phosphygypsum stack closure,
Eastern District of Louisiana, in lawsuits including the treatment of hazardous Consent Decree lodged with the Eastern
both entitled United States v. Mosaic process wastewater, at four of its District of Louisiana, the cost is $124.50
Fertilizer, LLC, Civil Action No. 15–cv– operating facilities, and long-term care (or $21.25 for a paper copy without the
02286 in the Middle District of Florida of all of its Florida and Louisiana exhibits). If you would like a copy of
and Civil Action No. 15–cv–04889 in facilities. The Mosaic Company, Mosaic both Consent Decrees, the cost is
the Eastern District of Louisiana. Fertilizer’s parent company, will $287.00 (or $41.75 for paper copies
The United States filed these two provide financial guarantees for this without the exhibits).
asabaliauskas on DSK5VPTVN1PROD with NOTICES

lawsuits under the Resource work, and the settlement also requires Maureen M. Katz,
Conservation and Recovery Act (RCRA). Mosaic Fertilizer to submit a $50
The United States’ complaints name Assistant Section Chief, Environmental
million letter of credit.
Mosaic Fertilizer, LLC, as defendant. Enforcement Section, Environment and
In addition, Mosaic will spend $2.2
Natural Resources Division.
Mosaic produces phosphorus-based million on two local environmental
fertilizer that is commonly applied to [FR Doc. 2015–25511 Filed 10–6–15; 8:45 am]
projects: A $1.2 million environmental
corn, wheat and other crops across the project in Florida to mitigate and BILLING CODE 4410–15–P
country. Sulfuric acid is used to extract prevent certain potential environmental

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Document Created: 2015-12-15 08:49:22
Document Modified: 2015-12-15 08:49:22
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		80 FR 60717