[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]


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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:

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        To submit comments:                     Send them to:
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By email..........................  [email protected].
By mail...........................  Assistant Attorney General, U.S.
                                     DOJ--ENRD, P.O. Box 7611,
                                     Washington, DC 20044-7611.
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    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]
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