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

Published date17 September 2021
Citation86 FR 51923
Record Number2021-20121
SectionNotices
CourtJustice Department
Federal Register, Volume 86 Issue 178 (Friday, September 17, 2021)
[Federal Register Volume 86, Number 178 (Friday, September 17, 2021)]
                [Notices]
                [Pages 51923-51924]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-20121]
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                DEPARTMENT OF JUSTICE
                Notice of Lodging of Proposed Consent Decree Under the Clean Air
                Act
                 On September 13, 2021, the Department of Justice lodged a proposed
                Consent Decree with the United States District Court for the Southern
                District of Texas in the lawsuit entitled United States of America v.
                Formosa Plastics Corporation, Texas, Civil Action No. 21-00043.
                 In this action, the United States, on behalf of the U.S.
                Environmental Protection Agency, filed a Complaint and proposed Consent
                Decree pertaining to Clean Air Act (``CAA'') violations at the
                petrochemical manufacturing plant (``Facility'') owned and operated by
                Formosa Plastics Corporation, Texas (``Defendant'') in Point Comfort,
                Texas. This case stems in part from a May 2, 2013 accidental release of
                an extremely hazardous substance that caused a fire and explosion at
                the Facility that resulted in multiple injuries to workers. In the
                Complaint, the United States alleged that the Defendant violated
                Section 112(r)(1) of the CAA, 42 U.S.C.
                [[Page 51924]]
                7412(r)(1), by failing to identify risks associated with accidental
                releases of extremely hazardous substances and failing to design and
                maintain a safe facility. The Complaint also alleges numerous
                violations of Section 112(r)(7) of the CAA, 42 U.S.C. 7412(r)(7), and
                the Chemical Accident Prevention regulations promulgated at 40 CFR part
                68, including failure to implement safe work practices and failure to
                conduct mechanical integrity inspections and tests. Under the proposed
                settlement, the Defendant will pay $2,850,000 in civil penalties and
                will be required to update its response and personal protection plans
                to prevent employee injury, conduct a third-party audit of its risk
                management practices, perform corrective action based on the audit
                results, and develop key performance indicators to evaluate future
                compliance.
                 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. Formosa Plastics
                Corporation, Texas, D.J. Ref. No. 90-5-2-1-08995/1. 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............................ [email protected].
                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 proposed Consent Decree may
                be examined and downloaded at this Justice Department website: http://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
                the proposed Consent Decree 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 $11.25 (25 cents per page
                reproduction cost) payable to the United States Treasury.
                Thomas Carroll,
                Assistant Section Chief, Environmental Enforcement Section, Environment
                and Natural Resources Division.
                [FR Doc. 2021-20121 Filed 9-16-21; 8:45 am]
                BILLING CODE 4410-15-P
                

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