[Federal Register Volume 80, Number 54 (Friday, March 20, 2015)]
[Notices]
[Pages 15033-15034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06369]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean Air
Act
On March 16, 2015, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Southern
District of Indiana in the lawsuit entitled United States and the State
of Indiana v. Exide Technologies, Civil Action No. 15-cv-433 (S.D.
Ind.).
A Complaint that was filed along with the proposed Consent Decree
alleges that Exide Technologies (``Exide'') has violated the Clean Air
Act and its implementing regulations, certain terms and conditions of
Exide's Clean Air Act Title V operating permit, and corresponding
requirements under Indiana state law at its secondary lead smelting
facility in Muncie, Indiana. The proposed Consent Decree would resolve
the claims alleged in the Complaint in exchange for Exide's commitment
to make specific improvements to its air pollution control and
monitoring systems at its Muncie facility, including installing a new
furnace exhaust gas afterburner, and to pay civil penalties to the
United States and the State. The penalties would be paid as allowed
claims in Exide's pending Chapter 11 bankruptcy proceeding, captioned
In re Exide Technologies, No. 13-11482-KJC (Bankr. D. Del.). The
Consent Decree would grant the United States and the State equivalent
allowed penalty claims in the bankruptcy totaling $820,000, including a
$246,000 allowed administrative expense claim and a $164,000 allowed
general unsecured claim each for the United States and the State.
[[Page 15034]]
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 the State of Indiana v. Exide
Technologies, D.J. Ref. No. 90-5-2-1-11003. 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, D.C. 20044-7611.
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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 (at 25 cents per page). Please mail your request and a check or
money order payable to the United States Treasury to: Consent Decree
Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
The cost for a paper copy of the Consent Decree is $8.25.
Randall M. Stone,
Acting Assistant Section Chief, Environmental Enforcement Section,
Environment and Natural Resources Division.
[FR Doc. 2015-06369 Filed 3-19-15; 8:45 am]
BILLING CODE 4410-15-P