80 FR 69700 - Notice of Extension to Public Comment Period for Two Consent Decrees Under the Resource Recovery and Conservation Act

DEPARTMENT OF JUSTICE

Federal Register Volume 80, Issue 217 (November 10, 2015)

Page Range		69700-69700
FR Document		2015-28565

Federal Register, Volume 80 Issue 217 (Tuesday, November 10, 2015)

[Federal Register Volume 80, Number 217 (Tuesday, November 10, 2015)]
[Notices]
[Page 69700]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28565]


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DEPARTMENT OF JUSTICE


Notice of Extension to Public Comment Period for Two Consent 
Decrees Under the Resource Recovery and Conservation 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 
proposed Consent Decrees will resolve all of the claims of the United 
States against Mosaic under the Resource Conservation and Recovery Act 
(RCRA) at Mosaic's facilities in Bartow, Lithia, Mulberry and 
Riverview, Florida and in St. James and Uncle Sam, Louisiana. They also 
resolve, respectively, the parallel claims of the Florida Department of 
Environmental Protection (FDEP) and the Louisiana Department of 
Environmental Quality (LDEQ) against Mosaic. 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.
    The two consent decrees require Mosaic to spend approximately $170 
million on projects to ensure the proper treatment, storage, and 
disposal of its 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 
phosphogypsum 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. Mosaic also will 
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. 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 prior notice of lodging of the Consent Decrees, published on 
October 7, 2015, stated that the Department of Justice would receive 
comments concerning the settlement until November 7, 2015. Having 
received a request for an extension of the initial comment period and 
given the public interest in this settlement, the United States is 
extending the comment period for an additional thirty (30) Days, until 
December 7, 2015.
    The Department of Justice will receive, for a period of sixty (60) 
days from October 7, 2015, any comments relating to the proposed 
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, 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, with D.J. Ref. No. 90-7-1-
08388. All comments must be submitted no later than December 7, 2015. 
Comments may be submitted 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 Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2015-28565 Filed 11-9-15; 8:45 am]
 BILLING CODE 4410-15-P

69700 Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Notices

estimated for an average respondent to $630 million trust fund—which will be Department Web site: http://
respond: An estimated 1909 invested to grow until it reaches full www.usdoj.gov/enrd/consent-decrees.
respondents will take 30 minutes to funding of $1.8 billion—the cost to We will provide a paper copy of the
complete the survey. cover phosphogypsum stack closure, Consent Decrees upon written request
6. An estimate of the total public including the treatment of hazardous and payment of reproduction costs (25
burden (in hours) associated with the process wastewater, at four of its cents per page). Please mail your request
collection: The estimated annual public operating facilities, and long-term care and payment to: Consent Decree
burden associated with this collection is of all of its Florida and Louisiana Library, U.S. DOJ–ENRD, P.O. Box 7611,
955 hours. facilities. The Mosaic Company, Mosaic Washington, DC 20044–7611. If you
If additional information is required Fertilizer’s parent company, will would like a copy of the Consent Decree
contact: Jerri Murray, Department provide financial guarantees for this lodged with the Middle District of
Clearance Officer, United States work, and the settlement also requires Florida, please enclose a check or
Department of Justice, Justice Mosaic Fertilizer to submit a $50 money order, payable to the United
Management Division, Policy and million letter of credit. Mosaic also will States Treasury, for $162.50 (or $20.50
Planning Staff, Two Constitution pay a $5 million civil penalty to the for a paper copy without the exhibits).
Square, 145 N Street NE., Room 3E– United States and $1.55 million to If you would like a copy of the Consent
405B, Washington, DC 20530. Louisiana and $1.45 million to Florida, Decree lodged with the Eastern District
Dated: November 4, 2015. who are state co-plaintiffs in these of Louisiana, the cost is $124.50 (or
Jerri Murray, cases. In addition, Mosaic will spend $21.25 for a paper copy without the
Department Clearance Officer for PRA, U.S. $2.2 million on two local environmental exhibits). If you would like a copy of
Department of Justice. projects: A $1.2 million environmental both Consent Decrees, the cost is
[FR Doc. 2015–28502 Filed 11–9–15; 8:45 am] project in Florida to mitigate and $287.00 (or $41.75 for paper copies
prevent certain potential environmental without the exhibits).
BILLING CODE 4410–FY–P
impacts associated with an orphaned Maureen Katz,
industrial property located in Mulberry,
Assistant Section Chief, Environmental
DEPARTMENT OF JUSTICE Florida; and a $1 million project in Enforcement Section, Environment and
Louisiana to fund studies regarding Natural Resources Division.
Notice of Extension to Public statewide water quality issues and the [FR Doc. 2015–28565 Filed 11–9–15; 8:45 am]
Comment Period for Two Consent development of watershed nutrient
BILLING CODE 4410–15–P
Decrees Under the Resource Recovery management plans to be utilized by beef
and Conservation Act cattle, dairy and poultry producers.
The prior notice of lodging of the DEPARTMENT OF JUSTICE
On September 30, 2015, the Consent Decrees, published on October
Department of Justice lodged two 7, 2015, stated that the Department of Notice of Lodging of Proposed
proposed Consent Decrees with two Justice would receive comments Consent Decree Under the Clean Air
United States District Courts, the concerning the settlement until Act
Middle District of Florida and the November 7, 2015. Having received a
Eastern District of Louisiana, in lawsuits request for an extension of the initial On November 3, 2015, the Department
both entitled United States v. Mosaic comment period and given the public of Justice lodged a proposed Consent
Fertilizer, LLC, Civil Action No. 15–cv– interest in this settlement, the United Decree with the United States District
02286 in the Middle District of Florida States is extending the comment period Court for the District of Arizona in the
and Civil Action No. 15–cv–04889 in for an additional thirty (30) Days, until lawsuit entitled United States v. Asarco
the Eastern District of Louisiana. The December 7, 2015. LLC, Civil Action No. 2:15–cv–02206–
proposed Consent Decrees will resolve The Department of Justice will JZB.
all of the claims of the United States receive, for a period of sixty (60) days The United States filed this civil
against Mosaic under the Resource from October 7, 2015, any comments enforcement action under the federal
Conservation and Recovery Act (RCRA) relating to the proposed Consent Clean Air Act. The United States’
at Mosaic’s facilities in Bartow, Lithia, Decrees. Comments should be addressed complaint seeks injunctive relief and
Mulberry and Riverview, Florida and in to the Assistant Attorney General, civil penalties for violations of the
St. James and Uncle Sam, Louisiana. Environment and Natural Resources regulations that govern emissions from
They also resolve, respectively, the Division, and should refer to United the defendant’s copper smelting facility
parallel claims of the Florida States v. Mosaic Fertilizer, LLC, Civil in Hayden, Arizona. The proposed
Department of Environmental Protection Action No. 15–cv–02286 in the Middle consent decree resolves the claims
(FDEP) and the Louisiana Department of District of Florida and Civil Action No. alleged in the complaint and requires
Environmental Quality (LDEQ) against 15–cv–04889 in the Eastern District of the defendant to perform injunctive
Mosaic. The alleged violations in this Louisiana, with D.J. Ref. No. 90–7–1– relief that will significantly reduce
case stem from storage and disposal of 08388. All comments must be submitted emissions of particulate matter, sulfur
waste from the production of no later than December 7, 2015. dioxide, and several hazardous air
phosphoric and sulfuric acids, key Comments may be submitted by email pollutants including lead and arsenic at
components of fertilizers, at Mosaic’s or by mail: its facility, and to pay a civil penalty of
facilities. $4.5 million. Additionally, the proposed
asabaliauskas on DSK5VPTVN1PROD with NOTICES

To submit comments: Send them to:
The two consent decrees require By email: pubcomment-ees.enrd@ consent decree requires the defendant to
Mosaic to spend approximately $170 usdoj.gov. spend at least $8 million on
million on projects to ensure the proper By mail: Assistant Attorney General, environmental mitigation projects that
treatment, storage, and disposal of its U.S. DOJ—ENRD, P.O. Box 7611, will benefit communities adversely
hazardous waste and reduce the Washington, DC 20044–7611. affected by pollution from its facility.
environmental impact of its During the public comment period, The defendant will also perform a
manufacturing and waste management the Consent Decrees may be examined Supplemental Environmental Project
programs. Mosaic also will establish a and downloaded at this Justice (‘‘SEP’’) under the proposed consent

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Document Created: 2018-03-01 11:26:02
Document Modified: 2018-03-01 11:26:02

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 69700