[Federal Register Volume 88, Number 70 (Wednesday, April 12, 2023)]
[Notices]
[Page 22070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07642]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed First Amendment to Consent Decree 
Under the Clean Air Act

    On April 6, 2023, the Department of Justice lodged a proposed First 
Amendment to Consent Decree with the United States District Court for 
the Northern District of Indiana in the lawsuit entitled United States 
v. City of Gary, Indiana, Civil Action No. 20-cv-386.
    The Complaint in the United States' lawsuit sought civil penalties 
and injunctive relief for alleged violations of the Clean Air Act 
(``CAA'') relating to a closed landfill owned and operated by the City 
of Gary, Indiana (``Gary'' or ``City''). The Complaint alleged that 
Gary: (1) violated its permit and the CAA by failing to install a 
compliant gas collection and control system; (2) failed to properly 
operate its current system; (3) violated the landfill's surface methane 
standard; (4) failed to monitor proper operation of its flares; and (5) 
failed to demonstrate compliance with its gas collection wellhead 
standards.
    A Consent Decree resolving the claims in the Complaint was entered 
by the Court on January 5, 2021. Under the Consent Decree, Gary is 
required to take a number of measures to come into compliance with the 
CAA. Gary must undertake a suite of improvements to Gary's gas 
collection and control system, including replacement of the existing 
flare and system upgrades to actively collect, rather than passively 
vent, landfill gas. Gary is also required to carry out enhanced 
monitoring and maintenance requirements and follow certain standard 
operating procedures, attached to the Consent Decree as appendices.
    In August 2022, Gary formally made a request to amend the Consent 
Decree and extend the GCCS deadline, citing unforeseen design changes, 
delays in receiving permit approvals, supply chain issues, and 
unavoidable delays in the bid process for the project. The proposed 
First Amendment to Consent Decree extends the deadline for Gary to 
complete its GCCS improvements from October 27, 2022, to October 27, 
2023. In the interim, the Amendment requires Gary to more frequently 
monitor surface methane and implement corrective action if methane 
concentrations reach a trigger level; improve record-keeping for cover 
integrity repairs; and investigate and propose an additional corrective 
action for a portion of the landfill experiencing high methane 
readings.
    The publication of this notice opens a period for public comment on 
the First Amendment to Consent Decree. Comments should be addressed to 
the Assistant Attorney General, Environment and Natural Resources 
Division, and should refer to United States v. City of Gary, Indiana, 
D.J. Ref. No. 90-5-2-1-11714. 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 First Amendment to Consent 
Decree may be examined and downloaded at this Justice Department 
website: https://www.justice.gov/enrd/consent-decrees. We will provide 
a paper copy of the First Amendment to 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 $2.50 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Patricia McKenna,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2023-07642 Filed 4-11-23; 8:45 am]
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