[Federal Register Volume 74, Number 165 (Thursday, August 27, 2009)]
[Notices]
[Pages 43724-43725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20602]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Pursuant to 28 CFR 50.7, notice is hereby given that, on August 21, 
2009, a proposed Consent Decree in United

[[Page 43725]]

States v. Vertellus Agriculture & Nutrition Specialties LLC, Civil 
Action No. 1:09-cv-1030-SEB-TAB (S.D. Ind.) was lodged with the United 
States District Court for the Southern District of Indiana. The Consent 
Decree addresses alleged violations of the Clean Air Act, 42 U.S.C. 
7401-7671q, and its implementing regulations at a specialty chemical 
manufacturing facility in Indianapolis, Indiana that is owned and 
operated by Vertellus Agriculture & Nutrition Specialties LLC 
(``Vertellus''). The United States alleges that Vertellus has failed to 
comply with certain requirements governing the control of hazardous air 
pollutant emissions under Clean Air Act Section 112, 42 U.S.C. 7412, 
and the implementing regulations at: (i) 40 CFR Part 63, Subpart H 
(National Emission Standards for Organic Hazardous Air Pollutants for 
Equipment Leaks); (ii) EPA Reference Method 21 at 40 CFR Part 60, 
Appendix A; and (iii) 40 CFR Part 63, Subpart GGG (National Emission 
Standards for Hazardous Air Pollutants for Pharmaceuticals Production). 
The United States also alleges a violation of Clean Air Act Section 
502(a), 42 U.S.C. 7661a(a), for failure to comply with a requirement of 
Vertellus' permit issued under Title V of the Act.
    The proposed Consent Decree would resolve the claims alleged in the 
United States' Complaint in exchange for the Defendant's commitment to 
implement appropriate injunctive relief, pay $450,000 civil penalty, 
and perform a $705,000 Supplemental Environmental Project. Among other 
things, the injunctive relief provisions of the Decree would require 
Vertellus to implement an enhanced leak detection and repair program 
and a program to operate and maintain an incinerator in a manner 
consistent with good air pollution control practices for minimizing 
emissions.
    The Department of Justice will receive comments relating to the 
Consent Decree for a period of thirty (30) days from the date of this 
publication. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, and mailed either 
electronically to <a href="/cdn-cgi/l/email-protection#5d2d283f3e3230303833297038382e7338332f391d282e393237733a322b"><span class="__cf_email__" data-cfemail="09797c6b6a6664646c677d246c6c7a276c677b6d497c7a6d6663276e667f">[email protected]</span></a> or in hard copy to P.O. 
Box 7611, U.S. Department of Justice, Washington, DC 20044-7611. 
Comments should refer to United States v. Vertellus Agriculture & 
Nutrition Specialties LLC, Civil Action No. 1:09-cv-1030-SEB-TAB (S.D. 
Ind.) and D.J. Ref. No. 90-5-2-1-09022.
    The Consent Decree may be examined at: (1) The offices of the 
United States Attorney, 10 West Market Street, Suite 2100, 
Indianapolis, Indiana; and (2) the offices of the U.S. Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, 14th Floor, 
Chicago, Illinois. During the public comment period, the Consent 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 Consent 
Decree may also be obtained by mail from the Department of Justice 
Consent Decree Library, P.O. Box 7611, Washington, DC 20044-7611 or by 
faxing or e-mailing a request to Tonia Fleetwood 
(<a href="/cdn-cgi/l/email-protection#a4d0cbcacdc58ac2c8c1c1d0d3cbcbc0e4d1d7c0cbce8ac3cbd2"><span class="__cf_email__" data-cfemail="dfabb0b1b6bef1b9b3babaaba8b0b0bb9faaacbbb0b5f1b8b0a9">[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 $15.75 (63 pages at 25 
cents per page reproduction cost) payable to the U.S. Treasury.

Maureen M. Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E9-20602 Filed 8-26-09; 8:45 am]
BILLING CODE 4410-15-P


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