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

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Published

May 31, 2024

Issuing agencies

Justice Department

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[Federal Register Volume 89, Number 106 (Friday, May 31, 2024)]
[Notices]
[Page 47178]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11881]


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DEPARTMENT OF JUSTICE


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

    On May 21, 2024, 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 of America v. 
TPC Group LLC, Civil Action No. 24-00187.
    In this action, the United States, on behalf of the U.S. 
Environmental Protection Agency, filed a Complaint and proposed Consent 
Decree against TPC Group LLC (TPC Group) for violating the chemical 
accident prevention provisions of the Clean Air Act (``CAA'') at TPC 
Group's petrochemical manufacturing facilities in Port Neches and 
Houston, Texas. This case stems in part from a November 27, 2019, 
explosion at TPC Group's Port Neches facility that resulted in the 
evacuations of thousands of residents from the City of Port Neches and 
surrounding areas, released more than 11 million pounds of extremely 
hazardous substances, caused more than $130 million in offsite property 
damage, and resulted in other impacts to human health and the 
environment. In the Complaint, the United States alleges numerous 
violations of section 112(r) of the CAA, 42 U.S.C. 7412(r), against TPC 
Group at its Port Neches facility, including those related to the 2019 
explosion. The complaint also alleges numerous violations of Section 
112(r) of the CAA, 42 U.S.C. 7412(r), at TPC Group's Houston facility, 
including failing to promptly take corrective actions for hundreds of 
pieces of process equipment and failing to address conditions similar 
to those that led to the Port Neches explosions. Under the proposed 
Consent Decree, TPC Group will pay $12.1 million in civil penalties to 
be paid through TPC Group's bankruptcy proceedings. TPC Group will also 
spend approximately $80 million to improve its risk management program 
and improve safety at both facilities.
    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. TPC Group LLC, D.J. 
Ref. No. 90-5-2-1-12550. 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#8bfbfee9e8e4e6e6eee5ffa6eeeef8a5eee5f9efcbfef8efe4e1a5ece4fd"><span class="__cf_email__" data-cfemail="bdcdc8dfded2d0d0d8d3c990d8d8ce93d8d3cfd9fdc8ced9d2d793dad2cb">[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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    Any comments submitted in writing or at a public meeting may be 
filed in whole or in part on the public court docket without notice to 
the commenter.
    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>. If you require assistance 
accessing the proposed Consent Decree, you may request assistance by 
email or by mail to the addresses provided above for submitting 
comments.

Thomas Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2024-11881 Filed 5-30-24; 8:45 am]
BILLING CODE 4410-15-P


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