[Federal Register Volume 78, Number 5 (Tuesday, January 8, 2013)]
[Notices]
[Pages 1250-1251]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00092]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean Air
Act
On December 20, 2012, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the District
of Massachusetts in the lawsuit entitled, United States of America v.
Solutia, Inc. and INEOS Melamines, LLC, Civil Action No. 3:12-cv-12377-
KPN.
In its Complaint, the United States alleged that the Defendant's
actions at their chemical manufacturing plant violated the Clean Air
Act, and regulations promulgated pursuant to the Clean Air Act. The
alleged violations occurred at the Defendants' Indian Orchard Plant in
Springfield, Massachusetts. The United States alleges in its Complaint
that Defendants violated: (A) Sections 112 and 502 of the Clean Air
Act, 42 U.S.C. 7412 and 7661a, and implementing regulations; (B) the
Final Reasonably Available Control Technology Compliance Plan
Conditional Approval issued by the Massachusetts Department of
Environmental Protection (``Massachusetts DEP'') on June 20, 1989 which
contains requirements on the operation of the Plant; and (C) the Air
Quality Operating Permit issued to Solutia Inc. on June 26, 2005 by the
Massachusetts DEP pursuant to Title V of the Clean Air Act and 310
C.M.R. 7.00: Appendix C which also contains requirements on the
operation of the Plant.
Upon entry of Consent Decree, the Defendants will pay a civil
penalty in the amount of $970,000 to the United States. In addition,
under the terms of the Consent Decree, the Defendants will implement an
enhanced leak detection and repair system to control and manage the air
pollutants emitted at the facility. As part of this leak detection and
repair system, the Defendants will undertake efforts above and beyond
what is currently required by the Clean Air Act and the regulations
that the United States alleged were violated at the Plant. Pursuant to
the proposed Consent Decree, the Defendants will conduct more frequent
monitoring for possible equipment leaks, use lower thresholds for the
repairs of leaks, replace leaking equipment more quickly with improved
equipment, and conduct third-party audits of its leak detection and
repair program.
The proposed Consent Decree resolves both Solutia Inc.'s liability,
and INEOS Melamines, LLC's liability for all of the violations of the
Clean Air Act
[[Page 1251]]
that the United States alleges in its Complaint.
The publication of this notice initiates a 30-day 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 of America v. Solutia, Inc.
and INEOS Melamines, LLC, D.J. Ref. No. 90-5-2-1-09980. 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 e-mail................................. pubcomment-ees.enrd@usdoj.gov.
By mail................................... Assistant Attorney General,
U.S. DOJ-ENRD, P.O. Box
7611, Washington, DC 20044-
7611.
During the public comment period, the 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 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 $18.25 (25 cents per page
reproduction cost) payable to the United States Treasury.
Ronald G. Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2013-00092 Filed 1-7-13; 8:45 am]
BILLING CODE 4410-15-P