[Federal Register Volume 73, Number 244 (Thursday, December 18, 2008)]
[Notices]
[Page 77062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29958]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act, the 
Clean Water Act, RCRA, and EPCRA

    Under 28 CFR 50.7, notice is hereby given that on December 1, 2008, 
a proposed Consent Decree in the United States v. Shintech Incorporated 
and K-Bin Inc., Civil Action No. 4:08-cv-3519, was lodged with the 
United States District Court for the Southern District of Texas, 
Houston Division.
    In its Complaint, the United States alleged that Shintech 
Incorporated and/or K-Bin Inc. (``Defendants''), at their facilities in 
Freeport, Texas, violated the provisions of the Clean Air Act that 
regulate industrial refrigerants to protect the stratospheric ozone 
layer; the hazardous waste management provisions of the Resource 
Conservation and Recovery Act (``RCRA''); the permit requirement of the 
Clean Water Act; and the provisions of the Emergency Planning and 
Community Right-to-Know Act (``EPCRA'') that require annual reports on 
materials present at regulated facilities.
    Under the Consent Decree, Defendants will (1) pay a civil penalty 
of $2.585 million; (2) spend an estimated $4.8 million on injunctive 
relief; and (3) spend at least $4.7 million on three supplemental 
environmental projects (``SEPs'').
    To address the Clean Air Act violations, Defendants will replace 
six refrigeration equipment with units that use non-ozone depleting 
refrigerants; conduct training programs for employees that service, 
maintain, or repair refrigeration equipment; and conduct third-party 
audits of its facilities. To ensure compliance with RCRA, Shintech has 
agreed to close two hazardous waste management units and install an 
aboveground tank system to prevent the storage or disposal of hazardous 
waste on land. Shintech has already corrected the Clean Water Act and 
EPCRA violations.
    All three SEPs will be performed by Shintech. Two are designed to 
reduce air pollution and the third is designed to improve water 
quality. First, Shintech has agreed, for a period of at least two 
years, to implement and manage a recycling program in the City of 
Houston that will collect, recycle, and dispose of residential, 
refrigerant-containing appliances containing ozone depleting 
substances. Second, Shintech will upgrade five of its polyvinyl 
chloride (``PVC'') slurry strippers to reduce its emissions of PVC an 
estimated 10,000 pounds per year. Third, Shintech will add at least 300 
acres of forest and wetlands to the Austin's Woods preserve (also 
called the Colombia Bottomlands area), which will be managed by the 
U.S. Fish and Wildlife Service.
    The United States 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, Environment and Natural Resources Division, 
P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, 
or submitted via e-mail to [email protected], and should 
refer to the United States v. Shintech Incorporated and K-Bin Inc., DOJ 
case number 90-5-2-1-08745/1.
    During the public comment period, the Consent Decree may 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 number (202) 514-0097, phone 
confirmation number (202) 514-1547. If requesting from the Consent 
Decree Library a full copy of the Consent Decree including all 
attachments, please enclose a check in the amount of $18.25 (25 cents 
per page reproduction cost) payable to the U.S. Treasury.

Maureen M. Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
 [FR Doc. E8-29958 Filed 12-17-08; 8:45 am]
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