[Federal Register Volume 74, Number 78 (Friday, April 24, 2009)]
[Notices]
[Page 18746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9399]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Notice is hereby given that on April 20,2009, a proposed Consent 
Decree in United States of America et al. v. E.I. du Pont de Nemours & 
Co., and Lucite International, Inc., Civil Action No. 2:09-0385 was 
lodged with the United States District Court for the Southern District 
of West Virginia.
    In this action the United States, on behalf of the Administrator of 
the United States Environmental Protection Agency, sought injunctive 
relief and civil penalties under Section 113(b) of the Clean Air Act 
(``Act''), 42 U.S.C. 7413(b), for alleged violations at a sulfuric acid 
regeneration plant (``Plant'') owned by Lucite and operated by DuPont 
in Belle, West Virginia. The Complaint alleged violations of: (1) The 
Prevention of Significant Deterioration provisions of the Act, 42 
U.S.C. 7470-92; (2) the New Source Performance Standards of the Act, 42 
U.S.C. 7411; (3) the Title V Permit requirements of the Act, 42 U.S.C. 
7661-7661f; and (4) the federally approved and enforceable state 
implementation plan which incorporates and/or implements the above-
listed federal regulations.
    The Consent Decree resolves the United States's Clean Air Act 
claims at the Plant by requiring that Defendants: (i) Pay a civil 
penalty of $2,000,000, to be split evenly with the State of West 
Virginia; and (ii) cease operations at the Plant by April 1, 2010, and 
surrender all air permits to the State. This settlement reflects the 
fact that Defendants have decided, for independent business reasons, to 
shut the Plant.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Decree. 
Comments should be addressed to the Assistant Attorney General, 
Environmental 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 of America et al. v. E.I. du Pont de Nemours & Co., and 
Lucite International, Inc., Civil Action No. 2:09-0385 (S.D. WV), D.J. 
Ref. 90-5-2-1-09251.
    The Decree may be examined at U.S. EPA Region 3, 1650 Arch Street, 
Philadelphia, PA 19103. During the public comment period, the 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 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 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $23.25 (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.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. E9-9399 Filed 4-23-09; 8:45 am]
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