[Federal Register Volume 86, Number 178 (Friday, September 17, 2021)]
[Notices]
[Pages 51923-51924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20121]


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DEPARTMENT OF JUSTICE


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

    On September 13, 2021, 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 of America v. 
Formosa Plastics Corporation, Texas, Civil Action No. 21-00043.
    In this action, the United States, on behalf of the U.S. 
Environmental Protection Agency, filed a Complaint and proposed Consent 
Decree pertaining to Clean Air Act (``CAA'') violations at the 
petrochemical manufacturing plant (``Facility'') owned and operated by 
Formosa Plastics Corporation, Texas (``Defendant'') in Point Comfort, 
Texas. This case stems in part from a May 2, 2013 accidental release of 
an extremely hazardous substance that caused a fire and explosion at 
the Facility that resulted in multiple injuries to workers. In the 
Complaint, the United States alleged that the Defendant violated 
Section 112(r)(1) of the CAA, 42 U.S.C.

[[Page 51924]]

7412(r)(1), by failing to identify risks associated with accidental 
releases of extremely hazardous substances and failing to design and 
maintain a safe facility. The Complaint also alleges numerous 
violations of Section 112(r)(7) of the CAA, 42 U.S.C. 7412(r)(7), and 
the Chemical Accident Prevention regulations promulgated at 40 CFR part 
68, including failure to implement safe work practices and failure to 
conduct mechanical integrity inspections and tests. Under the proposed 
settlement, the Defendant will pay $2,850,000 in civil penalties and 
will be required to update its response and personal protection plans 
to prevent employee injury, conduct a third-party audit of its risk 
management practices, perform corrective action based on the audit 
results, and develop key performance indicators to evaluate future 
compliance.
    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 of America v. Formosa Plastics 
Corporation, Texas, D.J. Ref. No. 90-5-2-1-08995/1. 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.............................  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: http://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 $11.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Thomas Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2021-20121 Filed 9-16-21; 8:45 am]
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