Notice of Lodging of Consent Decree Under the Clean Air Act, 31361 [2011-13301]
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Federal Register / Vol. 76, No. 104 / Tuesday, May 31, 2011 / Notices
Defendant Pengo Industries, Inc. to
resolve the CERCLA claims as well as
the state law claims. The proposed
Consent Decree resolves the liability of
Pengo Industries, Inc. for response costs
incurred or to be incurred and response
actions taken in connection with the
Sites. Under the Consent Decree,
Settling Defendant agrees to reimburse
the United States and the State a share
of their response costs for the Sites with
payments in the sum of $815,000 for the
United States and $81,500 for the State.
This Consent Decree includes a
covenant not to sue by the United States
and the State under Sections 106, 107
and 113 of CERCLA.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to the Consent Decree.
Comments should be addressed to the
Assistant Attorney General for the
Environment and Natural Resources
Division, U.S. Department of Justice,
and either emailed to pubcommentees.enrd@usdoj.gov or mailed to P.O.
Box 7611, NW., Washington, DC 20044–
7611, and should refer to United States
and State of Texas v. Halliburton Energy
Services, Inc., et al., D.J. Ref. 90–11–3–
07730/1.
The Consent Decree may be examined
at the Office of the United States
Attorney, Southern District of Texas,
919 Milam Street, Suite 1500, Houston,
Texas 77002. The Consent Decree may
also be examined at U.S. EPA Region 6,
1445 Ross Avenue, Suite 1200, Dallas,
Texas, 75202. During the public
comment period, the Consent Decree,
may also be examined on the following
Department of Justice Web site, https://
www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
Consent 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 (tonia.fleetwood@usdoj.gov),
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 $8.00 (25 cents per
page reproduction cost) payable to the
U.S. Treasury or, if by email or fax,
forward a check in that amount to the
Consent Decree Library at the stated
address.
Maureen Katz,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2011–13280 Filed 5–27–11; 8:45 am]
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a check in that amount to the Consent
Decree Library at the stated address.
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Clean Air Act
Notice is hereby given that on May 13,
2011 a proposed Consent Decree in
United States of America v. BASF
Corporation, Civil Action No. 3:11–cv–
00222 was lodged with the United
States District Court for the Southern
District of Texas.
In this action the United States sought
civil penalties and injunctive relief for
violations of the Clean Air Act, 42
U.S.C. 7401 et seq. that occurred at
BASF Corp.’s chemical manufacturing
facility located on Copper Road in
Freeport, Texas. In the Complaint, the
United States alleged that BASF
violated requirements of the Texas State
Implementation Plan (‘‘the Texas SIP’’),
permits issued pursuant to the Texas
SIP, Standards of Performance for New
Stationary Sources (codified at 40 CFR
part 60) incorporated in the permits,
and National Emission Standards for
Hazardous Air Pollutants (‘‘NESHAPs’’)
(codified at 40 CFR part 63). The
Consent Decree requires BASF to pay a
civil penalty of $500,000 and imposes
injunctive relief requirements on BASF
related to the Oxo Alcohols Flare, the
CoGeneration Unit, and Boilers B–20A
and B–20C.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to the Consent Decree.
Comments should be addressed to the
Assistant Attorney General,
Environment and Natural Resources
Division, and either e-mailed to
pubcomment-ees.enrd@usdoj.gov or
mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to United
States of America v. BASF Corporation,
D.J. Ref. 90–5–2–1–08255/1.
During the public comment period,
the Consent Decree may also be
examined on the following Department
of Justice Web site: https://
www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
Consent 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 (tonia.fleetwood@usdoj.gov),
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 $10.50 cents per page
reproduction cost) payable to the U.S.
Treasury or, if by e-mail or fax, forward
PO 00000
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31361
Maureen M. Katz,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. 2011–13301 Filed 5–27–11; 8:45 am]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Clean Water Act
Notice is hereby given that on May 18,
2011, a proposed Consent Decree
(‘‘Decree’’) in United States of America,
State of Texas, and State of Oklahoma
v. Mahard Egg Farm, Inc., Civil Action
No. 3:11–cv–01031–N, was lodged with
the United States District Court for the
Northern District of Texas (Dallas
Division).
In this action, the United States, on
behalf of the U.S. Environmental
Protection Agency (‘‘U.S. EPA’’),
together with the States of Texas and
Oklahoma, sought penalties and
injunctive relief under the Clean Water
Act (‘‘CWA’’) against Mahard Egg Farm,
Inc., for violations of Concentrated
Animal Feeding Operation (‘‘CAFO’’)
general permit and related laws and
regulations. Specifically, the Complaint
alleges that Mahard discharged
pollutants or otherwise failed to comply
with the terms of its permits at six other
facilities, including its newest facility
near Vernon, Tex., where it also failed
to comply with the Texas Construction
Storm Water General Permit and to
ensure safe drinking water for its
employees. The states of Texas and
Oklahoma also alleged similar
violations of state laws.
Under the proposed Consent Decree,
the Defendants will pay a civil penalty
and take steps to bring each of its seven
CAFO facilities into compliance with
applicable state and federal laws,
permits, and regulations, and to restore
the lands so as to prevent future
discharges to area waterways. The
settlement mandates the performance of
specific requirements, such as proper
lagoon closures, groundwater
monitoring, and the construction and
maintenance of buffer strips along area
waterways within the facility
boundaries. It also requires on-going
land restoration and management
measures, such as restrictions on the
land-application of manure and on
livestock grazing.
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
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Agencies
[Federal Register Volume 76, Number 104 (Tuesday, May 31, 2011)]
[Notices]
[Page 31361]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13301]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Clean Air Act
Notice is hereby given that on May 13, 2011 a proposed Consent
Decree in United States of America v. BASF Corporation, Civil Action
No. 3:11-cv-00222 was lodged with the United States District Court for
the Southern District of Texas.
In this action the United States sought civil penalties and
injunctive relief for violations of the Clean Air Act, 42 U.S.C. 7401
et seq. that occurred at BASF Corp.'s chemical manufacturing facility
located on Copper Road in Freeport, Texas. In the Complaint, the United
States alleged that BASF violated requirements of the Texas State
Implementation Plan (``the Texas SIP''), permits issued pursuant to the
Texas SIP, Standards of Performance for New Stationary Sources
(codified at 40 CFR part 60) incorporated in the permits, and National
Emission Standards for Hazardous Air Pollutants (``NESHAPs'') (codified
at 40 CFR part 63). The Consent Decree requires BASF to pay a civil
penalty of $500,000 and imposes injunctive relief requirements on BASF
related to the Oxo Alcohols Flare, the CoGeneration Unit, and Boilers
B-20A and B-20C.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the Consent
Decree. Comments should be addressed to the Assistant Attorney General,
Environment and Natural Resources Division, and either e-mailed to
pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC 20044-7611, and should refer to
United States of America v. BASF Corporation, D.J. Ref. 90-5-2-1-08255/
1.
During the public comment period, the Consent Decree may also be
examined on the following Department of Justice Web site: https://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Consent 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
(tonia.fleetwood@usdoj.gov), 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 $10.50 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 M. Katz,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2011-13301 Filed 5-27-11; 8:45 am]
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