[Federal Register Volume 86, Number 17 (Thursday, January 28, 2021)]
[Notices]
[Pages 7419-7420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01806]


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DEPARTMENT OF JUSTICE


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

    On January 19, 2021, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Eastern 
District of Louisiana in the lawsuit entitled United States and the 
Louisiana Department of Environmental Quality v. The Dow Chemical 
Company, Union Carbide Corp. and Performance Materials, NA, Inc., Civil 
Action No. 2:21-cv-00114-MLCF-JVM.
    The United States and Louisiana Department of Environmental Quality 
filed this lawsuit under the Clean Air Act and Louisiana Environmental 
Quality Act. The complaint seeks injunctive relief and civil penalties 
based on violations of the Clean Air

[[Page 7420]]

Act's New Source Review requirements, New Source Performance Standards, 
National Emissions Standards for Hazardous Air Pollutants, ``Title V'' 
program requirements and operating permits, and related Texas and 
Louisiana state implementation plan requirements. The alleged 
violations involve flares used at petrochemical manufacturing plants 
owned and operated by the defendants, The Dow Chemical Company, Union 
Carbide Corp. and Performance Materials, NA, Inc., in Hahnville and 
Plaquemine, Louisiana, and Freeport and Orange, Texas. The consent 
decree requires the defendants to perform injunctive relief, pay a 
$3,000,000 civil penalty, and perform three state-authorized and 
negotiated beneficial environmental projects in Louisiana.
    The publication of this notice opens a period for public comment on 
the proposed consent decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States and the Louisiana Department of 
Environmental Quality v. The Dow Chemical Company, Union Carbide Corp. 
and Performance Materials, NA, Inc., Civil Action No. 2:21-cv-00114-
MLCF-JVM, DOJ reference number 90-5-2-1-11114. All comments must be 
submitted no later than THIRTY days after the publication date of this 
notice. Comments may be submitted either by email or by first-class 
mail:

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         To submit comments:                     Send them to:
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By email............................  [email protected].
By first-class 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 proposed 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 proposed 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 $36.00 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy without the exhibits and signature pages, the cost is $23.25.

Kenneth G. Long,
Acting Assistant Section Chief, Environmental Enforcement Section, 
Environment and Natural Resources Division.
[FR Doc. 2021-01806 Filed 1-27-21; 8:45 am]
BILLING CODE 4410-15-P