[Federal Register Volume 74, Number 72 (Thursday, April 16, 2009)]
[Notices]
[Page 17688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8755]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Emergency Planning 
and Community Right-To-Know Act, the Clean Water Act, the Resource 
Conservation and Recovery Act, the Federal Insecticide, Fungicide, and 
Rodenticide Act, the Comprehensive Environmental Response, 
Compensation, and Liability Act, the Safe Drinking Water Act, and the 
Clean Air Act

    Under 28 CFR 50.7, notice is hereby given that on April 13, 2009, a 
proposed Consent Decree in United States, et al. v. INVISTA, S.[agrave] 
r.l, Civil Action Number 1:09-cv-00244, was lodged with the United 
States District Court for the District of Delaware. The Consent Decree 
resolves claims against INVISTA S.[agrave] r.l. (``INVISTA'') brought 
by the United States on behalf of the U.S. Environmental Protection 
Agency (``EPA'') under the Emergency Planning and Community Right-to-
Know Act (EPCRA), 42 U.S.C. 11001 to 11050; the Clean Water Act (CWA), 
42 U.S.C. 1251 to 1387; the Resource Conservation and Recovery Act 
(RCRA), 42 U.S.C. 6901 to 6992k; the Federal Insecticide, Fungicide, 
and Rodenticide Act (FIFRA), 7 U.S.C. 136 to 136y; Section 103(a) of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act (CERCLA), 42 U.S.C. 9603(a); the Safe Drinking Water Act (SDWA), 42 
U.S.C. 300f to 300j-26; and the Clean Air Act (CAA), 42 U.S.C. 7401 to 
7671q (hereinafter ``Environmental Requirements''). The Consent Decree 
also resolves the claims against INVISTA brought by the State of 
Delaware Department of Natural Resources and Environmental Control, the 
State of South Carolina Department of Health and Environmental Control, 
and the Chattanooga-Hamilton County Air Pollution Control Board.
    In this action, the United States seeks civil penalties and 
injunctive relief for the violations of Environmental Requirements 
identified in Appendices A, B, and C to the lodged Consent Decree that 
INVISTA voluntarily identified to the EPA after conducting its 
compliance management system and a series of comprehensive audits of 
facilities that INVISTA acquired in April 2004 from E.I. du Pont de 
Nemours and Company. The facilities covered by these allegations are 
located at Athens, GA; Calhoun, GA; Camden, SC; Chattanooga, TN; 
Dalton, GA; Kinston, NC; LaPorte, TX; Martinsville, VA; Orange (also 
called Sabine), TX; Seaford, DE; Victoria, TX; and Waynesboro, VA.
    The settlement resolves the violations that are set forth in 
Appendices A, B, and C to the Consent Decree. INVISTA has certified in 
the Decree that it has corrected the violations alleged in Appendix A. 
INVISTA has agreed to implement injunctive relief measures to resolve 
the alleged Clean Air Act violations in Appendices B and C under: the 
Prevention of Significant Deterioration and/or New Source Review 
program at the Seaford, Chattanooga, Victoria, and Camden Facilities; 
the Benzene National Emissions Standards for Hazardous Air Pollutants 
program for the Orange and Victoria Facilities; the Leak Detection and 
Repair program for the Orange and Victoria Facilities; and the New 
Source Performance Standards program for the Orange Facility.
    The Department of Justice will receive, for a period of 30 days 
from the date of this publication, comments relating to the proposed 
Consent Decree. Comments should be addressed to the Assistant Attorney 
General for the 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 et al. v. INVISTA, S.[agrave] r.l, DOJ Ref. No. 90-5-
2-1-08892.
    The proposed Consent Decree along with the Appendices and relevant 
excerpts of the Final Audit Report referenced therein may be examined 
at the Enforcement and Compliance Docket Information Center in the EPA 
Docket Center (EPA/DC), EPA West, Room B 3334, 1301 Constitution 
Avenue, NW., Washington, DC. The EPA Docket Center Public Reading Room 
is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number for the Reading Room is (202) 566-
1744, and the telephone number for the Enforcement and Compliance 
Docket is (202) 566-1927. 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_Decree.html. A copy of the proposed Consent Decree may 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 number (202) 514-
0097, phone confirmation number (202) 514-1547. In requesting a copy of 
the Consent Decree (without appendices) from the Consent Decree 
Library, please enclose a check in the amount of $6.75 (.25 cents per 
page reproduction costs), payable to the U.S. Treasury.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. E9-8755 Filed 4-15-09; 8:45 am]
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