[Federal Register Volume 72, Number 142 (Wednesday, July 25, 2007)]
[Notices]
[Page 40897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3612]


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DEPARTMENT OF JUSTICE


Notice of Public Comment Period for Proposed Environmental 
Consent Decree

    Under 28 CFR 50.7, notice is hereby given that, for a period of 30 
days, the United States will receive public comments on a proposed 
Consent Decree in United States v. Equistar Chemicals, LP 
(``Equistar'') (Civil Action No. 1:07-CF-4045), which was lodged with 
the United States District Court for the Northern District of Illinois 
on July 18, 2007.
    This proposed Consent Decree was lodged simultaneously with the 
Compliant in this multi-facility, multi-media case covering seven of 
Equistar's petrochemical plants in four states. Our complaint alleges 
claims pursuant to Clean Air Act (``CAA''), 42 U.S.C. 7401-7671q; the 
Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6901-
6992k; the Clean Water Act (``CWA''), 33 U.S.C. 1251-1387; the 
Emergency Planning and Community Right-to-Know Act (``EPCRA''), 42 
U.S.C. 11001-11050; and the Comprehensive Environmental Response, 
Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9601-9675.
    Under the settlement, Equistar will take immediate action to 
correct the regulatory violations identified and will implement 
enhancements to its air, water and hazardous waste programs at all 7 
facilities to address deficiencies across the board. Equistar will also 
install a waste water treatment plant at the Channelview, Texas, 
facility as part of an injunctive relief project to eliminate the land 
disposal of 150,000 tons of benzene hazardous waste per year. The 
estimated cost to Equistar of implementing all the Consent Decree 
requirements is $125 million. In addition, Equistar will pay a civil 
penalty of $2.5 million and spend $6,560,000 on Federal and state 
Supplemental Environmental Projects (``SPEs''). The federal SEP project 
will control an estimated 26 tons per year of hazardous air emissions 
from process vents at Channelview. The state environmental projects 
include: (1) The purchase of emergency response equipment and newer, 
cleaner school buses; (2) funding for the Mississippi River Eco Tourism 
Center; and (3) hazardous waste cleanup activities in the wake of 
hurricanes Katrina and Rita. The states of Iowa, Illinois, and 
Louisiana have joined in the settlement, will each file Complaints-in-
Intervention and receive a $178,600 share of the civil penalty.
    Comments should be addressed to the Acting Assistant Attorney 
General, Environment and Natural Resources Division, and may be 
submitted to: P.O. Box 7611, U.S. Department of Justice, Washington, DC 
20044-7611, or via e-mail to [email protected], and should 
refer to United States v. Equistar Chemicals, LP, D.J. Ref. 90-5-2-1-
08012/1.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Northern District of Illinois, 219 S. Dearborn Street, 
Fifth Floor, Chicago, Illinois 60604. During the public comment period 
the Equistar 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 Equistar 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 $37.50 (25 cents per page reproduction cost) payable to the 
U.S. Treasury.

Bruce S. Gelber,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 07-3612 Filed 7-24-07; 8:45 am]
BILLING CODE 4410-15-M