[Federal Register Volume 71, Number 119 (Wednesday, June 21, 2006)]
[Notices]
[Pages 35701-35702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5566]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Clean Air Act,
Resource Conservation and Recovery Act, and the Emergency Planning and
Community Right To Know Act
Consistent with 28 CFR 50.7, notice is hereby given that on June 8,
2006, a proposed consent decree (``decree'') in United States, et al.
v. Oxy Vinyls, L.P., Civil Action No. 3:06-CV1005-D, was lodged with
the United States District Court for the Northern District of Texas.
In this action, the United States seeks civil penalties and
injunctive relief against Oxy Vinyls, L.P. (``Oxy Vinyls'') for
violations under (1) Section 113(a)(3) of the Clean Air Act, 42 U.S.C.
7413(a)(3); (2) Section 3008(a)(1) of the Resource Conservation and
Recovery Act (``RCRA''), 42 U.S.C. 6928(a)(1); and (3) Section 313 of
the Emergency Planning and Community Right to Know Act, 42 U.S.C.
11023, relating to four of Oxy Vinyls' polyvinyl chloride manufacturing
facilities (the ``PVC Facilities''). the PVC Facilities are located in
Pasadena, Texas; Deer Park, Texas; Louisville, Kentucky; and
Pedricktown, New Jersey. The Louisville Metro Air Pollution Control
District (``LMAPCD'') and the State of New Jersey are co-signatories to
the decree.
The proposed decree provides that Oxy Vinyls will (1) Pay a civil
penalty of $140,000 to be split between the United States and the
LMAPCD, and a civil penalty of $200,000 to the State of New Jersey for
separate state-only violations; (2) perform three different federal
Supplemental Environmental Projects at an estimated cost of $1,224,000
that are expected to decrease emissions of vinyl chloride by
approximately 40,000 pounds (lbs) per year relative to 2003 project mix
at nameplate capacity; (3) fund a state environmental project; (4)
perform a RCRA sampling plan at its Pasadena, Texas facility; and (5)
perform certain limited injunctive relief.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the decree.
Comments should be addressed to the Assistant Attorney General,
Environment and Natural Resources Division, P.O. Box 7611, Ben Franklin
Station, U.S. Department of Justice, Washington, DC 20044-7611, and
should refer to United States, et al. v. Oxy Vinyls, L.P., D.J. Ref.
90-5-2-1-08333.
The Decree may be examined at the Office of the United States
Attorney, 1100 Commerce Street, Suite 300,
[[Page 35702]]
Dallas, Texas 75242, and at the U.S. Environmental Protection Agency-
Region 6, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733.
During the pubic comment period, the decree may also be examined on the
following Department of Justice Web site, http://www.usdoj.gov/enrd/open.html. A copy of the decree may also be obtained by mail from the
Consent Decree Library, P.O. Box 7611, Ben Franklin Station, U.S.
Department of Justice, Washington, DC 20044-7611 or by faxing or e-
mailing a request to Tonia Fleetwood ([email protected]), fax
no. (202) 514-0097, phone confirmation number (202) 514-1547. In
requesting a copy from the Consent Decree Library, please enclose a
check in the amount of $17.25 (25 cents per page reproduction cost)
payable to the U.S. Treasury.
W. Benjamin Fisherow,
Deputy Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 06-5566 Filed 6-20-06; 8:45 am]
BILLING CODE 4410-15-M