Notice2021-22762
Notice of Lodging of Proposed Consent Decree Under the Resource Conservation and Recovery Act and Other Statutes
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
October 20, 2021
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 86 Issue 200 (Wednesday, October 20, 2021)</title>
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[Federal Register Volume 86, Number 200 (Wednesday, October 20, 2021)]
[Notices]
[Pages 58102-58103]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22762]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Resource
Conservation and Recovery Act and Other Statutes
On October 13, 2021, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Eastern
District of Texas in the lawsuit entitled United States and State of
Texas v. E.I. du Pont de Nemours and Company and
[[Page 58103]]
Performance Materials NA, Inc., Case No. 1:21-cv-00516, for violations
of federal and state environmental laws during their respective periods
of ownership and operation of an ethylene production facility located
in Orange, Texas.
The proposed Consent Decree resolves the claims of the United
States and the State of Texas under (1) the Resource Conservation and
Recovery Act, 42 U.S.C. 6901 et seq., implementing regulations and the
authorized program under the Texas Solid Waste Disposal Act (Texas
Health and Safety Code ch. 361), (2) the Clean Air Act, 42 U.S.C. 7401
et seq., implementing regulations, and Texas Clean Air Act (Tex. Health
and Safety Code ch. 382), and (3) the Clean Water Act, 33 U.S.C. 1251,
et seq., implementing regulations, and the Texas Water Code ch. 26 and
the general enforcement authority of Texas Water Code ch. 7. The
Consent Decree provides for payment of a civil penalty of $3,100,000
($1,675,000 to the United States and $1,425,000 to the State of Texas),
payment of attorneys' fees to the State of Texas, and performance of
injunctive relief to resolve the violations alleged in the Complaint.
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 entitled United States and State of Texas v. E.I. du
Pont de Nemours and Company and Performance Materials NA, Inc.. Case
No. 1:21-cv-00516, D.J. Ref. No. 90-7-1-10173. 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#0777726564686a6a6269732a626274296269756347727463686d29606871"><span class="__cf_email__" data-cfemail="73030611101c1e1e161d075e1616005d161d0117330600171c195d141c05">[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 Consent Decree may be
examined and downloaded at this Justice Department website: <a href="http://www.usdoj.gov/enrd/Consent_Decrees.html">http://www.usdoj.gov/enrd/Consent_Decrees.html</a>. 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.
Please enclose a check or money order for $15.50 (25 cents per page
reproduction cost) for the Consent Decree or $24.75 (25 cents per page
reproduction cost) for the Consent Decree and Appendices, payable to
the United States Treasury.
Karen Dworkin,
Deputy Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2021-22762 Filed 10-19-21; 8:45 am]
BILLING CODE 4410-15-P
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