Notice2021-20121
Notice of Lodging of Proposed Consent Decree Under the Clean Air Act
Primary source
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Published
September 17, 2021
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 86 Issue 178 (Friday, September 17, 2021)</title>
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[Federal Register Volume 86, Number 178 (Friday, September 17, 2021)]
[Notices]
[Pages 51923-51924]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20121]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean Air
Act
On September 13, 2021, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Southern
District of Texas in the lawsuit entitled United States of America v.
Formosa Plastics Corporation, Texas, Civil Action No. 21-00043.
In this action, the United States, on behalf of the U.S.
Environmental Protection Agency, filed a Complaint and proposed Consent
Decree pertaining to Clean Air Act (``CAA'') violations at the
petrochemical manufacturing plant (``Facility'') owned and operated by
Formosa Plastics Corporation, Texas (``Defendant'') in Point Comfort,
Texas. This case stems in part from a May 2, 2013 accidental release of
an extremely hazardous substance that caused a fire and explosion at
the Facility that resulted in multiple injuries to workers. In the
Complaint, the United States alleged that the Defendant violated
Section 112(r)(1) of the CAA, 42 U.S.C.
[[Page 51924]]
7412(r)(1), by failing to identify risks associated with accidental
releases of extremely hazardous substances and failing to design and
maintain a safe facility. The Complaint also alleges numerous
violations of Section 112(r)(7) of the CAA, 42 U.S.C. 7412(r)(7), and
the Chemical Accident Prevention regulations promulgated at 40 CFR part
68, including failure to implement safe work practices and failure to
conduct mechanical integrity inspections and tests. Under the proposed
settlement, the Defendant will pay $2,850,000 in civil penalties and
will be required to update its response and personal protection plans
to prevent employee injury, conduct a third-party audit of its risk
management practices, perform corrective action based on the audit
results, and develop key performance indicators to evaluate future
compliance.
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 of America v. Formosa Plastics
Corporation, Texas, D.J. Ref. No. 90-5-2-1-08995/1. 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#79090c1b1a1614141c170d541c1c0a571c170b1d390c0a1d1613571e160f"><span class="__cf_email__" data-cfemail="f9898c9b9a9694949c978dd49c9c8ad79c978b9db98c8a9d9693d79e968f">[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 proposed Consent Decree may
be examined and downloaded at this Justice Department website: <a href="http://www.justice.gov/enrd/consent-decrees">http://www.justice.gov/enrd/consent-decrees</a>. 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 $11.25 (25 cents per page
reproduction cost) payable to the United States Treasury.
Thomas Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2021-20121 Filed 9-16-21; 8:45 am]
BILLING CODE 4410-15-P
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