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

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Published

September 29, 2022

Issuing agencies

Justice Department

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[Federal Register Volume 87, Number 188 (Thursday, September 29, 2022)]
[Notices]
[Pages 59119-59120]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21100]


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DEPARTMENT OF JUSTICE


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

    On September 22, 2022, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Southern 
District of Ohio in the lawsuit entitled United States v. ALTIVIA 
Petrochemicals, LLC, Civil Action No. 1:21-cv-00640.
    The proposed Consent Decree will resolve an action filed in October 
2021 relating to emissions of hazardous air pollutants from ALTIVIA's 
petrochemical manufacturing facility located in Haverhill, Ohio in 
violation of section 113(a)(3) of the Clean Air Act (CAA), 42 U.S.C. 
7413(a)(3). The United States alleged violations of the National 
Emissions Standards for Organic Hazardous Air Pollutants (NESHAP) for

[[Page 59120]]

the Synthetic Organic Chemical Manufacturing Industry (SOCMI), 40 CFR 
part 63, subparts F, G, and H (``Hazardous Organic NESHAP'' or HON), 
and ALTIVIA's title V permit. These violations relate to ALTIVIA's 
significant failure to comply with leak detection and repair (LDAR) 
obligations under the HON, including thousands of missed monitoring 
events of valves and connectors, as well as a general failure to 
monitor valves in accordance with EPA Reference Method 21. Under the 
proposed Consent Decree, ALTIVIA will control emissions from Unit 202-
F, implement a five-year Enhanced LDAR Program with three independent 
audits, and pay a $1,112,500 civil penalty.
    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 v. ALTIVIA Petrochemicals, LLC, D.J. Ref. 
No. 90-5-2-1-11905. 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#0676736465696b6b6368722b636375286368746246737562696c28616970"><span class="__cf_email__" data-cfemail="2f5f5a4d4c4042424a415b024a4a5c014a415d4b6f5a5c4b404501484059">[email&#160;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="https://www.justice.gov/enrd/consent-decrees">https://www.justice.gov/enrd/consent-decrees</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 $18.00 (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. 2022-21100 Filed 9-28-22; 8:45 am]
BILLING CODE 4410-15-P


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