[Federal Register Volume 75, Number 203 (Thursday, October 21, 2010)]
[Notices]
[Pages 65032-65033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26415]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Notice is hereby given that on September 17, 2010, an electronic
version of a proposed Consent Decree was lodged in the United States
District Court for the Western District of Kentucky in United States
and the Commonwealth of Kentucky v. Westlake Vinyls, Inc. and Westlake
PVC Corporation, No. 5:10-CV-00168-TBR. The Consent Decree resolves
claims of the United States and the Commonwealth of Kentucky against
Westlake Vinyls, Inc. and Westlake PVC Corporation (``Westlake'') for
civil penalties and injunctive relief based on violations of the Clean
Air Act, 42 U.S.C. 7401 et seq., as well as the Air Implementation Plan
for the Commonwealth of Kentucky (the ``Kentucky SIP'') promulgated and
approved by EPA pursuant to the Clean Air Act; the Clean Water Act, 33
U.S.C. 1251 et seq., and applicable laws and regulations implementing
the Clean Water Act; the Resource Conservation and Recovery Act, 42
U.S.C. 6901 et seq. and implementing regulations; Sections 103(a) and
109(c) of the Comprehensive Environmental Response, Compensation, and
Liability Act, as amended (``CERCLA''), 42 U.S.C. 9603(a) and 9609(c),
and implementing regulations codified at 40 CFR part 302; and sections
304, 313 and 325(b)(3) of the Emergency Planning and Community Right-
to-Know Act of 1986 (``EPCRA''), 42 U.S.C. 11004, 11013 and
11045(b)(3).
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the
proposed Consent Decree. 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
refer to United States et al. v. Westlake Vinyls, Inc. et al., No.
5:10-CV-00168-TBR and DOJ No. 90-5-2-1-08097.
Under the proposed consent decree, Westlake will perform injunctive
relief. With regard to Clean Air Act injunctive relief, Westlake will
implement a reroute of certain vent streams so that at least 40% of the
emissions from an absorber vent can be routed to the operating
incinerator in case of an incinerator outage. The company has installed
flow meters that will measure for compliance. Westlake will follow a
specific protocol for three years in the case of both planned and
unplanned incinerator outages. During all incinerator outages, Westlake
will maintain the absorber vent as a Group 2 process vent under the
Hazardous Organic NESHAP regulations.
For three years, Westlake will also implement an enhanced Leak
Detection and Repair program to control emissions of hazardous air
pollutants. In addition, Westlake will implement an enhanced daily
monitoring for the cooling towers according to a protocol approved by
EPA and the Commonwealth.
Under the consent decree, Westlake will submit revised Leak
Detection and Elimination Plans, as required by applicable regulations,
for the vinyl chloride and the polyvinyl chloride plants, including a
Leak Detection Plan and an Area Monitoring Plan, with specific changes
as outlined in the consent decree.
Westlake will review the most recent Total Annual Benzene (``TAB'')
report for the vinyl chloride plant to determine if the TAB report is
in compliance with the compliance option Westlake has selected and will
provide a report to EPA and the Commonwealth.
For purposes of New Source Review permitting under the Clean Air
Act, the consent decree specifies that the polyvinyl chloride plant and
the vinyl chloride plant are under Westlake's common control, and
Westlake will not contest administratively or judicially a finding by
the Commonwealth or any other permitting authority under the Clean Air
Act that the two plants are a ``single source'' for purposes of
permitting.
With respect to Resource Conservation and Recovery Act injunctive
relief, Westlake will conduct a subsurface investigation and will
perform any necessary remediation at various lift stations at the
polyvinyl chloride plant. Westlake will sample and test the integrity
of lift stations 7 and 9 pursuant to an approved workplan and will
perform a subsurface investigation of the facility if EPA decides one
is required. In any case, Westlake will perform an investigation for
Lift 8 pursuant to an approved work plan. Westlake will implement any
corrective measures required by EPA, and will post financial assurance.
With regard to reporting of releases of hazardous substances under
EPCRA/CERCLA, Westlake will review its
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training procedures to ensure that all personnel are adequately trained
and establish standard operating procedures. Westlake will modify its
Spill/Release Reporting Policy according to protocol designed by EPA.
For Clean Water Act injunctive relief, Westlake will update its
Spill Prevention Control and Countermeasures Plan ensuring that all
regulated tanks are included and will comply with the plan.
The consent decree resolves the civil claims in the complaint filed
in the case as well as violations listed in notices of violation issued
to Westlake through the date of lodging of the decree on September 17,
2010. The United States will also covenant not to sue or take
administrative action under Section 3008(a) and (h) of Resource
Conservation and Recovery Act, 42 U.S.C. 6928(a) and (h), against
Westlake for performance of the Resource Conservation and Recovery Act
injunctive relief at the polyvinyl chloride plant, conditioned upon
satisfactory performance.
EPA estimates that there will be a substantial reduction in
hazardous air pollutant emission under the terms of the proposed
consent decree. The incinerator rerouting, along with improved Leak
Detection and Repair compliance, should result reductions of vinyl
chloride emissions by approximately 2,280 pounds per year, ethylene
emissions by approximately 204,687 pounds per year, and 1,2
dichloroethane emissions by approximately 1,284 pounds per year.
Under the proposed consent decree, Westlake will pay a civil
penalty of $800,000, of which $700,000 will be paid to the United
States and $100,000 will be paid to the Commonwealth. Due to the Clean
Water Act violations, $12,500 of the civil penalty will go to Oil Spill
Liability Trust Fund pursuant to 33 U.S.C. 132l(s).
The Consent Decree may be examined at the Office of the United
States Attorney for the Western District of Kentucky, 501 Broadway,
Room 29, Paducah, Kentucky 42001. During the public comment period, the
Consent Decree may also be examined on the following Department of
Justice: http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the
Consent Decree 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 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 $43.25 (25 cents per
page reproduction cost) payable to the U.S. Treasury.
Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2010-26415 Filed 10-20-10; 8:45 am]
BILLING CODE 4410-15-P