[Federal Register Volume 82, Number 98 (Tuesday, May 23, 2017)]
[Notices]
[Page 23595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10467]


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DEPARTMENT OF JUSTICE


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

    On May 17, 2017, 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 and State of 
Texas v. Vopak Terminal Deer Park Inc. and Vopak Logistics Services USA 
Inc., Civil Action No. 4:17-cv-1518.
    In this action, the United States, on behalf of the U.S. 
Environmental Protection Agency, together with the State of Texas, 
filed a Complaint and proposed Consent Decree pertaining to Clean Air 
Act violations at a bulk chemical storage tank facility located on the 
Houston Ship Channel that is owned and operated by Vopak Terminals 
North America Inc. and Vopak Logistic Services USA Inc. (collectively, 
``Vopak''). In the joint Complaint, the U.S. and the State of Texas 
allege violations of (1) the New Source Performance Standards 
(``NSPS'') requirements under Section 111 of the Clean Air Act 
(``CAA'') and the implementing regulations, promulgated at 40 CFR part 
60, subparts A, Ka, and Kb; (2) the National Emission Standards for 
Hazardous Air Pollutants requirements under Section 112 of the CAA, 42 
U.S.C. 7412, and the implementing regulations promulgated at 40 CFR 
part 63, subparts A, DD, and EEEE; (3) the operating permit 
requirements of Title V of the CAA, and the implementing regulations; 
(4) the federally enforceable Texas State Implementation Plan; and (5) 
the Facility's operating permit, issued by the Texas Commission on 
Environmental Quality.
    Under the proposed settlement, Vopak agrees to pay $2.5 million in 
civil penalties, split evenly between the United States and the State 
of Texas and $40,000 in attorney's fees to the State of Texas. In 
addition, the settlement requires Vopak to implement a range of 
injunctive relief measures, including: (1) Constructing and operating a 
flare and other emission controls at its wastewater treatment system; 
(2) implementing an advanced tank inspection program at its tank 
terminal; (3) engaging a third party auditor to review Vopak's waste 
minimization practices and to monitor Vopak's compliance with the 
settlement; and (4) undertaking various other measures to bring the 
facility into compliance with the Clean Air Act.
    The publication of this notice opens a period for public comment on 
the consent decree. Comments should be addressed to the Acting 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States and State of Texas v. Vopak Terminal 
Deer Park Inc. and Vopak Logistics Services USA Inc., Civil Action No. 
4:17-cv-1518, D.J. Ref. No. 90-5-2-1-11406. 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 consent decree may be 
examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the 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 $24.50 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Thomas P. Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2017-10467 Filed 5-22-17; 8:45 am]
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