[Federal Register Volume 86, Number 200 (Wednesday, October 20, 2021)]
[Notices]
[Pages 58102-58103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22762]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Resource 
Conservation and Recovery Act and Other Statutes

    On October 13, 2021, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Eastern 
District of Texas in the lawsuit entitled United States and State of 
Texas v. E.I. du Pont de Nemours and Company and

[[Page 58103]]

Performance Materials NA, Inc., Case No. 1:21-cv-00516, for violations 
of federal and state environmental laws during their respective periods 
of ownership and operation of an ethylene production facility located 
in Orange, Texas.
    The proposed Consent Decree resolves the claims of the United 
States and the State of Texas under (1) the Resource Conservation and 
Recovery Act, 42 U.S.C. 6901 et seq., implementing regulations and the 
authorized program under the Texas Solid Waste Disposal Act (Texas 
Health and Safety Code ch. 361), (2) the Clean Air Act, 42 U.S.C. 7401 
et seq., implementing regulations, and Texas Clean Air Act (Tex. Health 
and Safety Code ch. 382), and (3) the Clean Water Act, 33 U.S.C. 1251, 
et seq., implementing regulations, and the Texas Water Code ch. 26 and 
the general enforcement authority of Texas Water Code ch. 7. The 
Consent Decree provides for payment of a civil penalty of $3,100,000 
($1,675,000 to the United States and $1,425,000 to the State of Texas), 
payment of attorneys' fees to the State of Texas, and performance of 
injunctive relief to resolve the violations alleged in the Complaint.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to entitled United States and State of Texas v. E.I. du 
Pont de Nemours and Company and Performance Materials NA, Inc.. Case 
No. 1:21-cv-00516, D.J. Ref. No. 90-7-1-10173. 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 website: http://www.usdoj.gov/enrd/Consent_Decrees.html. 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 $15.50 (25 cents per page 
reproduction cost) for the Consent Decree or $24.75 (25 cents per page 
reproduction cost) for the Consent Decree and Appendices, payable to 
the United States Treasury.

Karen Dworkin,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2021-22762 Filed 10-19-21; 8:45 am]
BILLING CODE 4410-15-P