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Federal Register / Vol. 72, No.

31 / Thursday, February 15, 2007 / Notices 7459

administrative protective order (APO) be served on all other parties to the nitric acid plant at the Facility upon a
and BPI service list.—Pursuant to investigation (as identified by either the schedule specified in the Consent
section 207.7(a) of the Commission’s public or BPI service list), and a Decree; install a continuous emissions
rules, the Secretary will make BPI certificate of service must be timely monitoring system to measure NOx
gathered in this investigation available filed. The Secretary will not accept a emissions at the Facility’s nitric acid
to authorized applicants representing document for filing without a certificate plant; apply for a permit to install from
interested parties (as defined in 19 of service. Ohio’s permitting authorities
U.S.C. § 1677(9)) who are parties to the Authority: This investigation is being incorporating various requirements of
investigation under the APO issued in conducted under authority of title VII of the the Consent Decree and submit all
the investigation, provided that the Tariff Act of 1930; this notice is published necessary applications to revise the
application is made not later than seven pursuant to section 207.12 of the Facility’s Clean Air Act Title V
days after the publication of this notice Commission’s rules.
operating permit to incorporate certain
in the Federal Register. A separate By order of the Commission. requirements specified in the Consent
service list will be maintained by the Issued: February 12, 2007. Decree; and, pay a civil penalty to the
Secretary for those parties authorized to
receive BPI under the APO.
Marilyn R. Abbott, United States in the amount of
Conference.—The Commission’s Secretary to the Commission. $750,000.00.
Director of Operations has scheduled a [FR Doc. E7–2676 Filed 2–14–07; 8:45 am] The Department of Justice will
conference in connection with this BILLING CODE 7020–02–P receive, for a period of thirty (30) days
investigation for 9:30 a.m. on March 1, from the date of this publication,
2007, at the U.S. International Trade comments relating to the proposed
Commission Building, 500 E Street SW., DEPARTMENT OF JUSTICE Consent Decree. Comments should be
Washington, DC. Parties wishing to addressed to the Assistant Attorney
participate in the conference should Notice of Lodging of Consent Decree General, Environment and Natural
contact Debra Baker (202–205–3180) not Under the Clean Air Act Resources Division, United States
later than February 26, 2007, to arrange Department of Justice, P.O. Box 7611,
Notice is hereby given that on
for their appearance. Parties in support Ben Franklin Station, Washington, DC
February 5, 2007, a proposed consent
of the imposition of antidumping duties 20044–7611, and should refer to United
decree (‘‘Consent Decree’’) in the matter
in this investigation and parties in
of United States vs. Agrium U.S. Inc. States v. Agrium U.S. Inc. and Royster-
opposition to the imposition of such
and Royster-Clark, Inc., Civil Action No. Clark, Inc., DOJ Ref. 90–5–2–1–08469.
duties will each be collectively
allocated one hour within which to 1–07–CV–0089, was lodged with the The Consent Decree may be examined
make an oral presentation at the United States District Court for the at the Office of the United States
conference. A nonparty who has Southern District of Ohio, Western Attorney for the Southern District of
testimony that may aid the Division. Ohio, 221 East 4th Street, Suite 400,
Commission’s deliberations may request The Consent Decree would resolve Cincinnati, Ohio 45202 and at the
permission to present a short statement claims of the United States against offices of the United States
at the conference. Agrium U.S. Inc. and Royster-Clark, Inc. Environmental Protection Agency,
Written submissions.—As provided in (collectively ‘‘Defendants’’) asserted in a
Region 5, 77 W. Jackson Blvd., Chicago,
sections 201.8 and 207.15 of the complaint filed against the Defendants
Illinois 60604. During the public
Commission’s rules, any person may pursuant to Sections 113(b) and 167 of
comment period, the Consent Decree
submit to the Commission on or before the Clean Air Act (‘‘the Act’’), 42 U.S.C.
may also be examined on the following
March 6, 2007, a written brief 7413(b) and 7477, for injunctive relief
and the assessment of civil penalties for Department of Justice Web site: http://
containing information and arguments www.usdoj.gov/enrd/
pertinent to the subject matter of the violations at a nitric acid production
facility located at 10743 Brower Road, Consent_Decrees.html. A copy of the
investigation. Parties may file written
Hamilton County, North Bend, Ohio Consent Decree may also be obtained by
testimony in connection with their
(‘‘Facility’’) of: The Prevention of mail from the Consent Decree Library,
presentation at the conference no later
Significant Deterioration (‘‘PSD’’) P.O. Box 7611, U.S. Department of
than three days before the conference. If
briefs or written testimony contain BPI, provisions of the Act, 42 U.S.C. 7470– Justice, Washington, DC 20044–7611, or
they must conform with the 92, and the PSD regulations by faxing or e-mailing a request to Tonia
requirements of sections 201.6, 207.3, incorporated into the federally approved Fleetwood (tonia.fleetwood@usdoj.gov,
and 207.7 of the Commission’s rules. and enforceable Ohio State fax no. (202) 514–0097, phone
The Commission’s rules do not Implementation Plan (‘‘Ohio SIP’’); the confirmation number (202) 514–1547. In
authorize filing of submissions with the New Source Performance Standards requesting a copy from the Consent
Secretary by facsimile or electronic (‘‘NSPS’’) of the Act, 42 U.S.C. 7411; the Decree Library, please enclose a check
means, except to the extent permitted by Title V Permit requirements of the Act, in the amount of $7.75 (25 cents per
section 201.8 of the Commission’s rules, 42 U.S.C. 7661, et seq., and Title V’s page reproduction cost) payable to the
as amended, 67 FR 68036 (November 8, implementing Federal (40 CFR Part 70) U.S. Treasury or, if by e-mail or fax,
2002). Even where electronic filing of a and Ohio regulations (OAC Chapter forward a check in that amount to the
document is permitted, certain 3745–77); and the Ohio SIP Permit to Consent Decree Library at the stated
documents must also be filed in paper Install requirements (OAC 3745–31– address.
form, as specified in II(C) of the 02(A)).
Commission’s Handbook on Electronic The proposed Consent Decree would William D. Brighton,
ycherry on PROD1PC64 with NOTICES

Filing Procedures, 67 FR 68168, 68173 require, among other things, that the Assistant Chief, Environmental Enforcement
(November 8, 2002). Defendants: Install a selective catalytic Section, Environment and Natural Resources,
In accordance with sections 201.16(c) reduction device and achieve specified Division.
and 207.3 of the rules, each document emission limits to control the emissions [FR Doc. 07–688 Filed 2–14–07; 8:45 am]
filed by a party to the investigation must of nitrogen oxides (‘‘NOx’’) from the BILLING CODE 4410–15–M

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