[Federal Register Volume 84, Number 126 (Monday, July 1, 2019)]
[Notices]
[Pages 31349-31350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13929]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under The Clean Air 
Act, Comprehensive Environmental Response, Compensation, and Liability 
Act, Emergency Planning and Community Right-To-Know Act, Resource 
Conservation and Recovery Act, and Clean Water Act

    On June 25, 2019, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Eastern 
District of Michigan in the lawsuit entitled United States v. Dow 
Silicones Corporation, Civil Action No. 19-cv-11880. The consent decree 
addresses alleged violations of several federal environmental laws at a 
facility in Midland, Michigan operated by Dow Silicones Corporation 
(``DSC'').
    The complaint alleges, inter alia, that DSC has violated the 
following laws: (1) The Clean Air Act (``CAA''), by failing to 
implement a facility-wide leak detection and repair program, and 
failing to control emissions of hazardous air pollutants and volatile 
organic compounds; (2) the Comprehensive Environmental Response, 
Compensation, and Liability Act (``CERCLA''), and the Emergency 
Planning and Community Right-To-Know Act (``EPCRA''), by failing to 
report releases of hazardous substances in a timely manner; (3) the 
Resource Conservation and Recovery Act (``RCRA''), by failing to 
characterize hazardous waste properly, and by failing to inspect and 
maintain hazardous waste secondary containment areas adequately; and 
(4) the Clean Water Act (``CWA''), by failing to comply with the terms 
and conditions of DSC's National Pollutant Discharge Elimination System 
permit.
    The consent decree requires, inter alia, that DSC: (1) Address CAA 
violations by implementing a facility-wide leak detection and repair 
program and a CAA compliance plan to remedy violations of the national 
emissions standards for hazardous air pollutants disclosed by DSC; (2) 
address RCRA violations by identifying and re-characterizing all 
hazardous waste streams at the facility, and coating all secondary 
containment systems for the tanks with an impervious liner or 
monitoring the systems more frequently; (3) address CWA violations by 
performing hydraulic capacity and pollutant monitoring studies to 
evaluate deficiencies in current stormwater management and discharge 
monitoring, and amending its stormwater pollution prevention plan to 
reflect enhanced monitoring measures; and (4) address EPCRA/CERCLA 
violations by revising release reporting and training policies and 
conducting root cause analyses of releases.
    The consent decree would also require that DSC pay a civil penalty 
of $4.55 million, and perform a package of supplemental environmental 
projects at an estimated cost of $1.6 million, including monitoring 
connectors and upgrading and replacing pumps and agitators, which 
should reduce volatile organic compound emissions, and performing lead 
abatement projects to

[[Page 31350]]

protect children from lead-based paint hazards in the Midland area.
    The publication of this notice opens a period for public comment on 
the consent decree. Comments should be addressed to the Principal 
Deputy Assistant Attorney General, Environment and Natural Resources 
Division, and should refer to United States v. Dow Silicones 
Corporation, D.J. Ref. No. 90-5-2-1-10469 and 90-5-2-1-10469/1. 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.............................  Principal Deputy 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 website: 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 $51.00 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Randall M. Stone,
Acting Assistant Section Chief, Environmental Enforcement Section, 
Environment and Natural Resources Division.
[FR Doc. 2019-13929 Filed 6-28-19; 8:45 am]
BILLING CODE 4410-15-P