[Federal Register Volume 73, Number 97 (Monday, May 19, 2008)]
[Notices]
[Page 28844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11073]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Modification of Consent Decree Under the
Clean Water Act, the Clean Air Act, and the Resource Conservation and
Recovery Act
Notice is hereby given that on May 13, 2008, a proposed ``Agreement
And Order Regarding Modification Of The August 10, 2006 Consent
Decree'' (``Agreement and Order'') in United States of America v. Rohm
and Haas Texas Inc., Civil Action No. 4:06-cv-01622, was lodged with
the United States District Court for the Southern District of Texas.
In its Complaint filed May 11, 2006, the United States alleged that
Rohm and Haas Texas Inc. (``Rohm and Haas'') violated Clean Water Act
section 301, 33 U.S.C. 1311, by discharging pollutants in excess of
permit effluent limits; violated Clean Air Act section 112(d), 42
U.S.C. 7412(d), by failing to comply with the requirements of the
national emission standards for hazardous air pollutants (``NESHAPS''),
40 CFR Part 63; and violated the Resource Conservation and Recovery Act
section 3008(a) and (g), 42 U.S.C. 6928(a) and (g), by failing to
comply with the provisions of the federally approved Texas hazardous
waste management program. The alleged violations occurred at a chemical
manufacturing complex owned and operated by Rohm and Haas located in
Deer Park, Texas (``the facility''). The United States sought
injunctive relief and civil penalties to address these violations.
On August 10, 2006, the court entered a Consent Decree in the
matter (``the 2006 Consent Decree'') which required Rohm and Haas to
pay a civil penalty of $485,000 and implement a supplemental
environmental project (``SEP''). The SEP required by the 2006 Consent
Decree involved the purchase of at least 300 acres of coastal wetlands
and associated upland prairie in the Texas Galveston Bay Watershed
(``the Conservation Property'') and the transfer of the Conservation
Property to a non-profit for conservation. The Consent Decree also
required monitoring of CWA compliance. If Rohm and Haas violates the
effluent limits in its permit, the Consent Decree requires the company
to take action to prevent future violations.
Under the 2006 Consent Decree, Rohm and Haas paid the civil penalty
of $485,000 and began implementing a SEP. The 2006 Consent Decree
provided for implementation of the SEP by transfer of the Conservation
Property to a private non-profit organization. The proposed Agreement
and Order would modify the SEP requirements of the 2006 Consent Decree
to add the option of allowing Rohm and Haas to transfer the
Conservation Property to a government agency and by allowing some
additional time for completion of the SEP. The proposed Agreement and
Order would also modify the termination provisions of the 2006 Consent
Decree.
The United States Department of Justice will receive for a period
of five (5) days from the date of this publication comments relating to
the Agreement and Order. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
either e-mailed to [email protected] or mailed to P.O. Box
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should
reference United States v. Rohm and Haas Texas, Inc., Civil Action No.
4:06-cv-01622, D.J. Ref. No. 90-5-1-1-06926.
The Agreement and Order may be examined at the Office of the United
States Attorney, 919 Milam St., Suite 1500, Houston, TX 77002. During
the public comment period, the Agreement and Order may also be examined
on the following Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Agreement and Order may also
be obtained by mail from the Consent Decree Library, P.O. Box 7611,
U.S. Department of Justice, Washington, DC 20044-7611 or by faxing or
e-mailing a request to Tonia Fleetwood ([email protected]), fax
number (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 $4.25 (25 cents per page reproduction cost)
payable to the U.S. Treasury or, if by e-mail or fax, forward a check
in that amount to the Consent Decree Library at the stated address.
Maureen M. Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. E8-11073 Filed 5-16-08; 8:45 am]
BILLING CODE 4410-CW-P