[Federal Register Volume 74, Number 240 (Wednesday, December 16, 2009)]
[Notices]
[Pages 66676-66677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29883]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to Resource 
Conservation and Recovery Act and the Emergency Planning and Community 
Right-To-Know Act

    Notice is hereby given that on December 10, 2009, a proposed 
Consent Decree in United States v. Elan Chemical Company, Inc., Civil 
Action No. 2:09-CV-06183 KSH, was lodged with the United States 
District Court for the District of New Jersey.
    The proposed Consent Decree will resolve the United States' claims 
under Section 3008 of the Resource Recovery and Conservation Act, as 
amended, 42 U.S.C. 6928(a), and Section 313 and 325(c) of the Emergency 
Planning and Community Right-to-Know Act (EPCRA), 42 U.S.C. 11023 and 
11045(c)

[[Page 66677]]

against Elan Chemical Company, Inc. (``Defendant''). The United States 
alleges the Defendant violated various RCRA requirements, incorporated 
by reference into the New Jersey authorized hazardous waste program 
regarding the storage and generation of hazardous waste, and a 
violation under EPCRA. The complaint alleges the following violations: 
Failure to make a hazardous waste determination in accordance with of 
40 CFR 262.11, incorporated by reference at N.J.A.C. Sec.  7:26G-
6.1(a); storage of hazardous waste without a permit pursuant to RCRA 
Section 3005, 42 U.S.C. 6925, and 40 CFR 270.1, incorporated by 
reference at N.J.A.C. Sec.  7:26G-12.1(a); failure to conduct monthly 
monitoring of pumps in gas/vapor or light liquid service pursuant to 40 
CFR 265.1052(a)(1), incorporated by reference at N.J.A.C. Sec.  7:26G-
9.1(a); failure to conduct monthly monitoring of valves in gas/vapor or 
light liquid service pursuant to 40 CFR 265.1057, incorporated by 
reference at N.J.A.C. Sec.  7:26G-9.1(a); failure to conduct annual 
inspections of tanks pursuant to 40 CFR 265.1085(c)(4)(ii), 
incorporated by reference at N.J.A.C. Sec.  7:26G-9.1(a); failure to 
keep a log of equipment subject to subpart BB of part 265 pursuant to 
40 CFR 265.1064(g), incorporated by reference at N.J.A.C. Sec.  7:26G-
9.1(a); and failure to timely file its 2004 toxic release inventory 
pursuant to EPCRA Section 313, 42 U.S.C. Sec.  10023, and 40 CFR part 
372.
    The Consent Decree requires Defendant to pay a civil penalty of 
$200,000. The Consent Decree also provides for injunctive relief to be 
implemented at the Defendant's facility, consisting of maintenance of 
ongoing compliance with the hazardous waste regulations, and submission 
of reports demonstrating such compliance.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
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. Elan Chemical, Inc., Civil Action No. 2:09-CV-
06183, D.J. Ref. No. 90-7-1-08984.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, District of New Jersey, Peter Rodino Federal 
Building, 970 Broad Street, Suite 700, Newark, NJ 07102, and at the 
United States Environmental Protection Agency, Region II, 290 Broadway, 
New York, New York 10007-1866. 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 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 $10.00 
(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. E9-29883 Filed 12-15-09; 8:45 am]
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