Notice of Lodging of Proposed Consent Decree Under The Clean Air Act, 7419-7420 [2021-01806]

Download as PDF Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Notices be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or mail: DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Modification Under the Comprehensive Environmental Response, Compensation, and Liability Act To submit comments: Send them to: By email ....... pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, D.C. 20044–7611. By mail ......... During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department website: https:// www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the 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. When requesting a copy of the Consent Decree please enclose a check or money order in the amount of $44.75 (25 cents per page reproduction cost) payable to the United States Treasury. The publication of this notice also opens a period for public comment on the Draft RP/EA. The Trustees will receive comments relating to the Draft RP/EA for a period of thirty (30) days from the date of this publication. A copy of the Draft RP/EA is available electronically at https://www.fws.gov/ wafwo/. A copy of the Draft RP/EA may also be obtained by mail from: Assistant Solicitor, Environmental Restoration Branch, Office of the Solicitor, U.S. Department of the Interior, 1849 C Street NW, Washington, DC 20240. Please reference: Draft RP/EA related to United States et al. v. Vigor Consent Decree. When requesting a copy of the Draft RP/EA please enclose a check in the amount of $9.50 (25 cents per page reproduction cost) payable to the United States Treasury. Comments on the draft RP/EA may be submitted electronically to jeff_ krausmann@fws.gov. Additionally, written comments on the Draft RP/EA should be addressed to: Jeff Krausmann, Washington Fish and Wildlife Office, U.S. Fish and Wildlife Service, 510 Desmond Drive SE, Suite 102, Lacey, WA 98503–1263, Jeff_ krausmann@ fws.gov. Susan M. Akers, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2021–01862 Filed 1–27–21; 8:45 am] BILLING CODE 4410–15–P VerDate Sep<11>2014 17:16 Jan 27, 2021 Jkt 253001 On January 16, 2021, the Department of Justice lodged a proposed consent decree modification with the United States District Court for the District of New Jersey in the lawsuit entitled United States v. The Sherwin-Williams Company, Civil Action No. 1:19–cv– 01907–JHR–KMW, an action brought under the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9601 et seq. On April 16, 2019, the Court entered a consent decree in this action which resolved the United States’ claim against The Sherwin-Williams Company (‘‘Sherwin-Williams’’) for certain past costs incurred by the United States relating to the Sherwin-Williams/ Hilliards Creek Site, Route 561 Dump Site, and United States Avenue Burn Site (the ‘‘Sites’’). The Sites are located in Gibbsboro and Voorhees, New Jersey. The consent decree entered in this action also provides for SherwinWilliams’ performance of the soils and sediments operable unit remedy selected by the U.S. Environmental Protection Agency (‘‘EPA’’) for the United States Avenue Burn Site. In addition, the consent decree provides that, after EPA selects a remedy in a Record of Decision (‘‘ROD’’) for an additional operable unit at the Sites, the decree may be modified to add SherwinWilliams’ performance of the additional operable unit remedy to the work required under the decree. On August 4, 2020, EPA issued a ROD selecting the remedy for the soils, sediments, and light non-aqueous phase liquid (‘‘LNAPL’’) operable unit at the Sherwin-Williams/Hilliards Creek Site (‘‘SW/HC OU2’’). The selected remedy includes contaminated soil and sediment removal, cap installation, and bioremediation work. The SW/HC OU2 ROD is accessible at https:// semspub.epa.gov/work/02/598791.pdf. The proposed consent decree modification lodged with the Court on January 16, 2021, provides for SherwinWilliams’ performance of the remedy selected in the SW/HC OU2 ROD in accordance with the decree and the statement of work attached to the proposed consent decree modification. The publication of this notice opens a period for public comment on the consent decree modification. Comments should be addressed to the Assistant PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 7419 Attorney General, Environment and Natural Resources Division, and should refer to United States v. The SherwinWilliams Company, D.J. Ref. No. 90–11– 3–09023/2. 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: To submit comments: Send them to: By email ....... pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ......... During the public comment period, the consent decree modification, with attached statement of work, may be examined and downloaded at this Justice Department website: https:// www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the consent decree modification, with attached statement of work, 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 $8.50 (25 cents per page reproduction cost), payable to the United States Treasury. Henry S. Friedman, Assistant Section Chief, Environmental Enforcement Section, Environment & Natural Resources Division. [FR Doc. 2021–01605 Filed 1–27–21; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under The Clean Air Act On January 19, 2021, the Department of Justice lodged a proposed consent decree with the United States District Court for the Eastern District of Louisiana in the lawsuit entitled United States and the Louisiana Department of Environmental Quality v. The Dow Chemical Company, Union Carbide Corp. and Performance Materials, NA, Inc., Civil Action No. 2:21–cv–00114– MLCF–JVM. The United States and Louisiana Department of Environmental Quality filed this lawsuit under the Clean Air Act and Louisiana Environmental Quality Act. The complaint seeks injunctive relief and civil penalties based on violations of the Clean Air E:\FR\FM\28JAN1.SGM 28JAN1 7420 Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Notices Act’s New Source Review requirements, New Source Performance Standards, National Emissions Standards for Hazardous Air Pollutants, ‘‘Title V’’ program requirements and operating permits, and related Texas and Louisiana state implementation plan requirements. The alleged violations involve flares used at petrochemical manufacturing plants owned and operated by the defendants, The Dow Chemical Company, Union Carbide Corp. and Performance Materials, NA, Inc., in Hahnville and Plaquemine, Louisiana, and Freeport and Orange, Texas. The consent decree requires the defendants to perform injunctive relief, pay a $3,000,000 civil penalty, and perform three state-authorized and negotiated beneficial environmental projects in Louisiana. 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 Louisiana Department of Environmental Quality v. The Dow Chemical Company, Union Carbide Corp. and Performance Materials, NA, Inc., Civil Action No. 2:21-cv-00114–MLCF–JVM, DOJ reference number 90–5–2–1–11114. All comments must be submitted no later than THIRTY days after the publication date of this notice. Comments may be submitted either by email or by firstclass mail: To submit comments: Send them to: By email ....... pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. By first-class mail. During the public comment period, the proposed consent decree may be examined and downloaded at this Justice Department website: https:// www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the proposed 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 $36.00 (25 cents per page reproduction cost) payable to the United States Treasury. For a paper copy VerDate Sep<11>2014 17:16 Jan 27, 2021 Jkt 253001 without the exhibits and signature pages, the cost is $23.25. Kenneth G. Long, Acting Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2021–01806 Filed 1–27–21; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Air Act On January 19, 2021, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Northern District of Illinois in the lawsuit entitled United States v. Midwest Can Company, Civil Action No. 21 C 299. The United States filed this lawsuit under the Clean Air Act. The complaint seeks civil penalties and injunctive relief for violations of the Act pertaining to Defendant’s applications for certificates of conformity that were issued to the Defendant authorizing the sale and manufacture of portable fuel containers (‘‘PFCs’’). Among other things, the Consent Decree requires the Defendant to conduct additional testing of PFCs manufactured by the Defendant and to report the results of those tests to EPA. The Defendant will also pay a civil penalty of $1.7 million to the United States. The publication of this notice opens a period for public comment on the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States and Illinois v. Midwest Can Company, D.J. Ref. No. 90–5–2–1– 12397. 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: To submit comments: Send them to: By email ....... pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ......... During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department website: https:// www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the Consent Decree upon written request PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 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 $8.25 (25 cents per page reproduction cost) payable to the United States Treasury. Patricia A. McKenna, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2021–01829 Filed 1–27–21; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Air Act On January 15, 2021, the Department of Justice lodged a proposed Consent Decree (‘‘Consent Decree’’) with the United States District Court for the District of New Jersey in the lawsuit entitled United States and the State of New Jersey, Department of Environmental Protection v. Atlantic County Utilities Authority, Civil Action No. 3:21–cv–00800. In a Complaint, the United States, on behalf of the U.S. Environmental Protection Agency (‘‘EPA’’), and the State of New Jersey, on behalf of the Department of Environmental Protection, alleges that the Atlantic County Utilities Authority (‘‘ACUA’’) violated the Clean Air Act (the ‘‘Act’’), 42 U.S.C. 7413, by violating: (1) The Solid Waste Combustion provisions in Section 129 of the Clean Air Act, 42 U.S.C. 7429, and (2) the Federal Plan Requirements for Sewage Sludge Incineration Units Constructed on or Before October 14, 2010, 40 CFR part 62, subpart LLL (‘‘Subpart LLL’’). The proposed Consent Decree in this case requires that ACUA pay a civil penalty of $75,000 to be divided evenly between the United States and the State of New Jersey, establish operating parameter limits based on performance test results, conduct root cause analyses and corrective actions for operating parameter deviations exceeding a specified threshold, establish and comply with standard operating procedures designed to minimize bypass events, and pay stipulated penalties for violations of Consent Decree requirements. In addition, the Consent Decree requires a New Jerseysponsored supplemental project, to be overseen by the state, involving the installation of electric vehicle charging stations in Atlantic County. E:\FR\FM\28JAN1.SGM 28JAN1

Agencies

[Federal Register Volume 86, Number 17 (Thursday, January 28, 2021)]
[Notices]
[Pages 7419-7420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01806]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under The Clean Air 
Act

    On January 19, 2021, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Eastern 
District of Louisiana in the lawsuit entitled United States and the 
Louisiana Department of Environmental Quality v. The Dow Chemical 
Company, Union Carbide Corp. and Performance Materials, NA, Inc., Civil 
Action No. 2:21-cv-00114-MLCF-JVM.
    The United States and Louisiana Department of Environmental Quality 
filed this lawsuit under the Clean Air Act and Louisiana Environmental 
Quality Act. The complaint seeks injunctive relief and civil penalties 
based on violations of the Clean Air

[[Page 7420]]

Act's New Source Review requirements, New Source Performance Standards, 
National Emissions Standards for Hazardous Air Pollutants, ``Title V'' 
program requirements and operating permits, and related Texas and 
Louisiana state implementation plan requirements. The alleged 
violations involve flares used at petrochemical manufacturing plants 
owned and operated by the defendants, The Dow Chemical Company, Union 
Carbide Corp. and Performance Materials, NA, Inc., in Hahnville and 
Plaquemine, Louisiana, and Freeport and Orange, Texas. The consent 
decree requires the defendants to perform injunctive relief, pay a 
$3,000,000 civil penalty, and perform three state-authorized and 
negotiated beneficial environmental projects in Louisiana.
    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 Louisiana Department of 
Environmental Quality v. The Dow Chemical Company, Union Carbide Corp. 
and Performance Materials, NA, Inc., Civil Action No. 2:21-cv-00114-
MLCF-JVM, DOJ reference number 90-5-2-1-11114. All comments must be 
submitted no later than THIRTY days after the publication date of this 
notice. Comments may be submitted either by email or by first-class 
mail:

------------------------------------------------------------------------
         To submit comments:                     Send them to:
------------------------------------------------------------------------
By email............................  [email protected].
By first-class mail.................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the proposed consent decree may 
be examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the proposed 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 $36.00 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy without the exhibits and signature pages, the cost is $23.25.

Kenneth G. Long,
Acting Assistant Section Chief, Environmental Enforcement Section, 
Environment and Natural Resources Division.
[FR Doc. 2021-01806 Filed 1-27-21; 8:45 am]
BILLING CODE 4410-15-P
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