Notice2023-07642
Notice of Lodging of Proposed First Amendment to Consent Decree Under the Clean Air Act
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 12, 2023
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 88 Issue 70 (Wednesday, April 12, 2023)</title>
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[Federal Register Volume 88, Number 70 (Wednesday, April 12, 2023)]
[Notices]
[Page 22070]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07642]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed First Amendment to Consent Decree
Under the Clean Air Act
On April 6, 2023, the Department of Justice lodged a proposed First
Amendment to Consent Decree with the United States District Court for
the Northern District of Indiana in the lawsuit entitled United States
v. City of Gary, Indiana, Civil Action No. 20-cv-386.
The Complaint in the United States' lawsuit sought civil penalties
and injunctive relief for alleged violations of the Clean Air Act
(``CAA'') relating to a closed landfill owned and operated by the City
of Gary, Indiana (``Gary'' or ``City''). The Complaint alleged that
Gary: (1) violated its permit and the CAA by failing to install a
compliant gas collection and control system; (2) failed to properly
operate its current system; (3) violated the landfill's surface methane
standard; (4) failed to monitor proper operation of its flares; and (5)
failed to demonstrate compliance with its gas collection wellhead
standards.
A Consent Decree resolving the claims in the Complaint was entered
by the Court on January 5, 2021. Under the Consent Decree, Gary is
required to take a number of measures to come into compliance with the
CAA. Gary must undertake a suite of improvements to Gary's gas
collection and control system, including replacement of the existing
flare and system upgrades to actively collect, rather than passively
vent, landfill gas. Gary is also required to carry out enhanced
monitoring and maintenance requirements and follow certain standard
operating procedures, attached to the Consent Decree as appendices.
In August 2022, Gary formally made a request to amend the Consent
Decree and extend the GCCS deadline, citing unforeseen design changes,
delays in receiving permit approvals, supply chain issues, and
unavoidable delays in the bid process for the project. The proposed
First Amendment to Consent Decree extends the deadline for Gary to
complete its GCCS improvements from October 27, 2022, to October 27,
2023. In the interim, the Amendment requires Gary to more frequently
monitor surface methane and implement corrective action if methane
concentrations reach a trigger level; improve record-keeping for cover
integrity repairs; and investigate and propose an additional corrective
action for a portion of the landfill experiencing high methane
readings.
The publication of this notice opens a period for public comment on
the First Amendment to Consent Decree. Comments should be addressed to
the Assistant Attorney General, Environment and Natural Resources
Division, and should refer to United States v. City of Gary, Indiana,
D.J. Ref. No. 90-5-2-1-11714. 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#e3939681808c8e8e868d97ce868690cd868d9187a39690878c89cd848c95"><span class="__cf_email__" data-cfemail="96e6e3f4f5f9fbfbf3f8e2bbf3f3e5b8f3f8e4f2d6e3e5f2f9fcb8f1f9e0">[email protected]</span></a>.
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
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During the public comment period, the First Amendment to Consent
Decree may be examined and downloaded at this Justice Department
website: <a href="https://www.justice.gov/enrd/consent-decrees">https://www.justice.gov/enrd/consent-decrees</a>. We will provide
a paper copy of the First Amendment to 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 $2.50 (25 cents per page
reproduction cost) payable to the United States Treasury.
Patricia McKenna,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2023-07642 Filed 4-11-23; 8:45 am]
BILLING CODE 4410-15-P
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