Notice2023-00438
Notice of Lodging of Proposed Modification to Consent Decree Under the Clean Air Act and Other Statutes
Primary source
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Published
January 12, 2023
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 88 Issue 8 (Thursday, January 12, 2023)</title>
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[Federal Register Volume 88, Number 8 (Thursday, January 12, 2023)]
[Notices]
[Page 2134]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00438]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Modification to Consent Decree
Under the Clean Air Act and Other Statutes
On January 6, 2023, the Department of Justice lodged a proposed
Agreement and Order Regarding Modification of Consent Decree
(``Agreement and Order'') 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 Performance
Materials NA, Inc., Case No. 1:21-cv-00516-MJT. The original Consent
Decree was entered by the Court on January 28, 2022, and it requires
the settling defendants to implement injunctive relief at an ethylene
production facility located in Orange, Texas.
The proposed Agreement and Order modifies one injunctive relief
requirement of the original Consent Decree to provide for use of an
alternative control technology to reduce benzene emissions to air at
certain locations within the facility. Specifically, the proposed
modification would change the control requirement for benzene waste
emissions at two locations to the use of a thermal oxidizer as the
primary control technology. Carbon canisters operated in series would
not be used at these locations. There are no other changes to the
original Consent Decree.
The publication of this notice opens a period for public comment on
the proposed Agreement and Order. 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-MJT, 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#7606031415191b1b1318025b131305581318041236030512191c58111900"><span class="__cf_email__" data-cfemail="4a3a3f28292527272f243e672f2f39642f24382e0a3f392e2520642d253c">[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 Agreement and Order 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 Agreement and Order 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 $3.00 (25 cents per page
reproduction cost) for the proposed Agreement and Order, payable to the
United States Treasury.
Thomas Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2023-00438 Filed 1-11-23; 8:45 am]
BILLING CODE 4410-15-P
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</html>Indexed from Federal Register on January 12, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.