Notice of Lodging of Proposed Consent Decree Under the Clean Air Act, 65715 [2013-26117]
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[FR Doc. 2013–26109 Filed 10–31–13; 8:45 am]
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emcdonald on DSK67QTVN1PROD with NOTICES
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the Clean Air
Act
To submit
comments:
On October 28, 2013, the Department
of Justice lodged a proposed Consent
Decree with the United States District
Court for the Southern District of West
Virginia in the lawsuit captioned United
States and State of West Virginia v. E.
VerDate Mar<15>2010
17:40 Oct 31, 2013
Jkt 232001
I. du Pont de Nemours and Company,
Civil Action No. 6:13–cv–27030.
E. I. du Pont de Nemours and
Company (‘‘DuPont’’) owns and
operates a chemical manufacturing
facility located in Washington, West
Virginia (‘‘Washington Works Facility’’).
In the Complaint, filed on October 28,
2013, on behalf of the Environmental
Protection Agency (‘‘EPA’’), the United
States and the State of West Virginia, on
behalf of the West Virginia Department
of Environmental Protection, allege that
DuPont violated the Clean Air Act by
failing to comply with the leak detection
and repair regulations (‘‘LDAR’’)
established at 40 CFR Part 63. The
Complaint also alleges the DuPont
violated the LDAR requirements
contained in its Clean Air Act Title V
permit and the LDAR standards for
hazardous air pollutants promulgated in
the West Virginia Code of State Rules,
Title 45, Section 34.
The proposed Consent Decree, lodged
with the Court on October 28, 2013,
resolves the allegations in the
Complaint and requires DuPont to
implement injunctive relief at its
Washington Works Facility. The terms
of the Consent Decree require DuPont to
perform a preliminary audit of its LDAR
equipment, to prepare a comprehensive
training program and train personnel in
LDAR compliance, and to implement an
enhanced LDAR program that includes
requirements above and beyond those of
the applicable LDAR regulations. The
Consent Decree also requires DuPont to
pay a civil penalty of $800,000, divided
evenly between the United States and
West Virginia. The amount of the civil
penalty is based on the EPA Clean Air
Act Stationary Source Civil Penalty
Policy.
The publication of this notice opens
a period for public comment on the
proposed Consent Decree. Comments
should be addressed to the Assistant
Attorney General, Environment and
Natural Resources Division, and should
refer to United States and State of West
Virginia v. E. I. du Pont de Nemours and
Company, D.J. Ref. No. 90–5–2–1–
09610. 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:
Send them to:
By email ...
pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General, U.S.
DOJ—ENRD, P.O. Box 7611,
Washington, DC 20044–7611.
By mail .....
PO 00000
Frm 00111
Fmt 4703
Sfmt 4703
65715
During the public comment period,
the proposed Consent Decree may be
examined and downloaded at this
Justice Department Web site: https://
www.usdoj.gov/enrd/Consent_
Decrees.html. We will provide a paper
copy of the proposed Consent Decree
upon written request and payment of
reproduction costs. Please mail your
request and payment to: Consent Decree
Library, U.S. DOJ—ENRD, P.O. Box
7611, Washington, DC 20044–7611.
Please enclose a check or money order
for $13.25 (25 cents per page
reproduction cost) without the Consent
Decree attachments or $27.00 with the
attachments, payable to the United
States Treasury.
Robert Brook,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2013–26117 Filed 10–31–13; 8:45 am]
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FOR FURTHER INFORMATION CONTACT:
Gerard Poliquin, Secretary of the Board,
Telephone: 703–518–6304.
TIME AND DATE:
Gerard Poliquin,
Secretary of the Board.
[FR Doc. 2013–26367 Filed 10–30–13; 4:15 pm]
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[Federal Register Volume 78, Number 212 (Friday, November 1, 2013)]
[Notices]
[Page 65715]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26117]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean Air
Act
On October 28, 2013, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Southern
District of West Virginia in the lawsuit captioned United States and
State of West Virginia v. E. I. du Pont de Nemours and Company, Civil
Action No. 6:13-cv-27030.
E. I. du Pont de Nemours and Company (``DuPont'') owns and operates
a chemical manufacturing facility located in Washington, West Virginia
(``Washington Works Facility''). In the Complaint, filed on October 28,
2013, on behalf of the Environmental Protection Agency (``EPA''), the
United States and the State of West Virginia, on behalf of the West
Virginia Department of Environmental Protection, allege that DuPont
violated the Clean Air Act by failing to comply with the leak detection
and repair regulations (``LDAR'') established at 40 CFR Part 63. The
Complaint also alleges the DuPont violated the LDAR requirements
contained in its Clean Air Act Title V permit and the LDAR standards
for hazardous air pollutants promulgated in the West Virginia Code of
State Rules, Title 45, Section 34.
The proposed Consent Decree, lodged with the Court on October 28,
2013, resolves the allegations in the Complaint and requires DuPont to
implement injunctive relief at its Washington Works Facility. The terms
of the Consent Decree require DuPont to perform a preliminary audit of
its LDAR equipment, to prepare a comprehensive training program and
train personnel in LDAR compliance, and to implement an enhanced LDAR
program that includes requirements above and beyond those of the
applicable LDAR regulations. The Consent Decree also requires DuPont to
pay a civil penalty of $800,000, divided evenly between the United
States and West Virginia. The amount of the civil penalty is based on
the EPA Clean Air Act Stationary Source Civil Penalty Policy.
The publication of this notice opens a period for public comment on
the proposed Consent Decree. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
and should refer to United States and State of West Virginia v. E. I.
du Pont de Nemours and Company, D.J. Ref. No. 90-5-2-1-09610. 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.......................... pubcomment-ees.enrd@usdoj.gov.
By mail........................... Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
------------------------------------------------------------------------
During the public comment period, the proposed Consent Decree may
be examined and downloaded at this Justice Department Web site: https://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy
of the proposed Consent Decree upon written request and payment of
reproduction costs. Please mail your request and payment to: Consent
Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-
7611.
Please enclose a check or money order for $13.25 (25 cents per page
reproduction cost) without the Consent Decree attachments or $27.00
with the attachments, payable to the United States Treasury.
Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2013-26117 Filed 10-31-13; 8:45 am]
BILLING CODE 4410-15-P