[Federal Register Volume 78, Number 5 (Tuesday, January 8, 2013)]
[Pages 1250-1251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00092]



Notice of Lodging of Proposed Consent Decree Under the Clean Air 

    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-
    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 

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-

    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]