[Federal Register Volume 74, Number 150 (Thursday, August 6, 2009)]
[Notices]
[Pages 39338-39339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18790]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Notice is hereby given that on July 31, 2009, a proposed Consent 
Decree (``Decree'') in United States v. INEOS ABS (USA) Corporation, et 
al., Civil Action No. 1:09-CV-545, was lodged with the United States 
District Court for the Southern District of Ohio.
    In this action the United States, on behalf of the U.S. 
Environmental Protection Agency (``U.S. EPA''), and the State of Ohio, 
on behalf of the Ohio Environmental Protection Agency (``Ohio EPA''), 
sought penalties and injunctive relief under the Clean Air Act, the 
Comprehensive Environmental Response, Compensation and Liability Act of 
1980, and the Emergency Planning and Right-to-Know Act and analogous 
State laws. The proposed Decree resolves alleged violations of the CAA, 
EPCRA and CERCLA relating to a chemical facility located in Addyston, 
Ohio. Under the Decree, Defendants will pay a $3.1 million civil 
penalty, to be

[[Page 39339]]

split evenly between the United States and the State of Ohio, with the 
State's portion being divided between Ohio EPA and the Hamilton County 
Department of Environmental Services. INEOS will also (1) operate its 
flare in accordance with specific new parameters to ensure control of 
volatile organic compounds (VOCs), which include hazardous air 
pollutants, in accordance with its 99% flare control efficiency permit 
requirements; (2) install a new biofilter system to reduce 
acrylonitrile emissions, a hazardous air pollutant; (3) conduct a 
comprehensive review of compliance with emergency release reporting 
regulations; and (4) conduct a comprehensive set of leak detection and 
repair (LDAR) practices that go beyond regulatory requirements.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Decree. 
Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and either e-mailed 
to <a href="/cdn-cgi/l/email-protection#99e9ecfbfaf6f4f4fcf7edb4fcfceab7fcf7ebfdd9eceafdf6f3b7fef6ef"><span class="__cf_email__" data-cfemail="fb8b8e99989496969e958fd69e9e88d59e95899fbb8e889f9491d59c948d">[email protected]</span></a> or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States, et al. v. INEOS ABS (USA) Corporation, et al., D.J. Ref. 
90-5-2-1-09264. The Decree may be examined at U.S. EPA, Region 5, 77 
West Jackson Blvd., Chicago, IL 60604. During the public comment 
period, the Decree may also be examined on the following Department of 
Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A 
copy of the Decree may also be obtained by mail from the Consent Decree 
Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 
20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood 
(<a href="/cdn-cgi/l/email-protection#463229282f2768202a2323323129292206333522292c68212930"><span class="__cf_email__" data-cfemail="7f0b1011161e5119131a1a0b0810101b3f0a0c1b101551181009">[email protected]</span></a>), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $21.25 (25 cents per 
page reproduction cost) payable to the U.S. Treasury or, if by e-mail 
or fax, forward a check in that amount to the Consent Decree Library at 
the stated address.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E9-18790 Filed 8-5-09; 8:45 am]
BILLING CODE 4410-15-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>