[Federal Register Volume 72, Number 143 (Thursday, July 26, 2007)]
[Notices]
[Page 41085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3648]



[[Page 41085]]

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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act (CAA)

    In accordance with 28 CFR 50.7, notice is given that on July 20, 
2007, the proposed Consent Decree in United States v. E.I. du Pont de 
Nemours & Co., Civil Action Number 1:07CV558, was lodged with the 
United States District Court for the Southern District of Ohio.
    In this action, the United States alleges that E.I. du Pont de 
Nemours & Co. (DuPont) violated these provisions of the Clean Air Act: 
standards of performance for new stationary sources, 42 U.S.C. 7411, 
also known as New Source Performance Standards (``NSPS'') 
preconstruction requirements, 42 U.S.C. 7475, also known as Prevention 
of Significant Deterioration (``PSD'') requirements; and permit 
requirements, 42 U.S.C. 7503, also known as Title V requirements. The 
claims relate to four DuPont sulfuric acid manufacturing plants that 
are located in Darrow, La.; North Bend, Ohio; Richmond, Va., and 
Wurtland, Ky.
    The Consent Decree requires DuPont to pay a civil penalty of 
$4,125,000 of which $2,100,000 (60 percent) will be paid to the United 
States and the rest will be divided among the State of Louisiana, the 
State of Ohio, and the Commonwealth of Virginia. The Consent Decree 
further requires DuPont, at all four plants, to meet certain emission 
limits (for sulfur dioxide and acid mist) and to comply with applicable 
NSPS requirements (including performance testing and monitoring). At 
the plant in Louisiana, DuPont will comply with the new emission limits 
by installing pollution control technology. At each of the other three 
plants, the Consent Decree provides DuPont an option to install the 
required technology or to cease operations and surrender the air 
pollution permits and/or emissions credits.
    For a period of thirty (30) days from the date of this publication, 
the Department of Justice will receive comments relating to the 
proposed Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
either e-mailed to [email protected] or mailed to P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States v. E.I. du Pont de Nemours & Co., D.J. Ref. 90-
5-2-1-08181.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, 221 E. 4th St., Suite 400, Cincinnati, Ohio 
45202, and at U.S. EPA Region V, 77 W. Jackson Blvd., Chicago, IL 
60604. During the public comment period, the proposed Consent Decree 
may also be examined on the following Department of Justice Web site, 
http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the proposed 
Consent Decree may also be obtained by mail from the Consent Decree 
Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 
20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood 
([email protected]), fax no. (202) 514-0097, phone confirmation 
no. (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $14.50 (25 cents per 
page reproduction cost) payable to the ``U.S. Treasury'' or, if by e-
mail or fax, forward a check in that amount to the Consent Decree 
Library at the stated address.

William D. Brighton,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 07-3648 Filed 7-25-07; 8:45 am]
BILLING CODE 4410-15-M