[Federal Register Volume 86, Number 235 (Friday, December 10, 2021)]
[Page 70533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26696]

[[Page 70533]]



Notice of Lodging of Proposed First Amendment to Consent Decree

    On November 19, 2021, the Department of Justice lodged a proposed 
First Amendment to Consent Decree with the United States District Court 
for the Western District of Louisiana in the lawsuit entitled United 
States and the State of Louisiana v. Orion Engineered Carbons, LLC 
(W.D. La.), Civil Action No. 6:17-cv-01660.
    The Consent Decree, entered by the Court on June 7, 2018, resolved 
claims by the United States and the State of Louisiana alleging 
violations of certain Clean Air Act provisions at Orion Engineered 
Carbons, LLC's (``Defendant's'') four carbon black manufacturing 
facilities in Franklin, Louisiana (``Ivanhoe Facility''), Borger, 
Texas, Orange, Texas, and Belpre, Ohio (``Belpre Facility''). The 
Consent Decree requires Defendant to reduce harmful SO2, 
NOX, and PM emissions through the installation and operation 
of pollution controls. Defendant also agreed to spend $550,000 to fund 
environmental mitigation projects that will further reduce emissions 
and benefit communities adversely affected by the pollution from the 
facilities, and pay a civil penalty of $800,000.
    The proposed First Amendment to Consent Decree would, if entered by 
the Court, make modifications to the Consent Decree to address and 
resolve claims by Defendant that force majeure events caused delays in 
meeting certain compliance deadlines at Defendant's Ivanhoe Facility. 
The modifications extend certain compliance deadlines at the Ivanhoe 
Facility and move up certain deadlines at the Belpre Facility. The 
proposed First Amendment to Consent Decree maintains Defendant's 
ultimate obligation to install and operate pollution controls at all 
four facilities.
    The publication of this notice opens a period for public comment on 
the proposed First Amendment to Consent Decree. Comments should be 
addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, and should refer to United States et al. v. Orion 
Engineered Carbon, LLC (W.D. La.), D.J. Ref. No. 90-5-2-1-10189. 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:

         To submit comments:                     Send them to:
By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.

    During the public comment period, the proposed First Amendment to 
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 First Amendment to 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 $5.25 (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. 2021-26696 Filed 12-9-21; 8:45 am]