[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............................  <a href="/cdn-cgi/l/email-protection#93e3e6f1f0fcfefef6fde7bef6f6e0bdf6fde1f7d3e6e0f7fcf9bdf4fce5"><span class="__cf_email__" data-cfemail="64141106070b0909010a10490101174a010a1600241117000b0e4a030b12">[email protected]</span></a>.
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


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