[Federal Register Volume 78, Number 212 (Friday, November 1, 2013)]
[Notices]
[Page 65715]
From the Federal Register Online via the Government Publishing 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.......................... [email protected].
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: http://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