[Federal Register Volume 74, Number 194 (Thursday, October 8, 2009)]
[Notices]
[Pages 51877-51878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24240]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act, 
Clean Water Act, Resource Conservation and Recovery Act, and Emergency 
Planning and Community Right-To-Know Act

    Notice is hereby given that on September 29, 2009, a proposed 
Consent Decree in United States v.  Formosa Plastics Corporation, 
Texas, Formosa Hydrocarbons Company, Inc., and Formosa Plastics 
Corporation, Louisiana, Civil Action No. 6:09-cv-00061, was lodged with 
the United States District Court for the Southern District of Texas, 
Victoria Division.
    In its complaint, the United States alleged that Defendants 
violated Clean Air Act (``CAA'') provisions regulating the leaks of air 
pollutants from chemical manufacturing equipment and emissions of vinyl 
chloride, Resource Conservation and Recovery Act (``RCRA'') provisions 
governing hazardous waste management, and Clean Water Act (``CWA'') 
wastewater discharge limits. The United States also alleges that 
Formosa Plastics Corporation, Texas violated CAA provisions regulating 
benzene waste operations and Emergency Planning and Community Right-to-
Know Act (``EPCRA'') toxic release inventory reporting obligations. The 
alleged violations occurred at co-located facilities in Point Comfort, 
Texas, owned and operated by Formosa Plastics Corporation, Texas and 
Formosa Hydrocarbons Company, Inc., and a facility located in Baton 
Rouge, Louisiana, that is owned and operated by Formosa Plastics 
Corporation, Louisiana.
    Under the Consent Decree, Defendants will pay a civil penalty of 
$2.8 million, and will implement a comprehensive leak detection and 
repair (``LDAR'') program, implement an innovative vinyl chloride leak 
detection and elimination program, perform a comprehensive assessment 
of benzene waste operations, implement measures to prevent future CWA 
violations, change RCRA hazardous waste management practices, and 
conduct a comprehensive assessment of toxic release reporting under 
EPCRA.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environmental and Natural Resources Division, and either e-mailed to 
[email protected] or e-

[[Page 51878]]

mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 
20044-7611, and should refer to United States v.  Formosa Plastics 
Corporation, Texas, Formosa Hydrocarbons Company, Inc., and Formosa 
Plastics Corporation, Louisiana, D.J. Ref. 90-5-2-1-08995.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Southern District of Texas, 919 Milam Street, Houston, 
Texas, and at U.S. EPA Region 6, 1445 Ross Avenue, Suite 1200, Dallas, 
TX. During the public comment period, the Consent Decree may also be 
examined on the following Department of Justice Web site, 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 $18.50 (25 cents per 
page reproduction costs of Consent Decree and Appendices) payable to 
the U.S. Treasury or, if by e-mail or fax, forward a check in the 
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. E9-24240 Filed 10-7-09; 8:45 am]
BILLING CODE 4410-15-P