[Federal Register Volume 88, Number 8 (Thursday, January 12, 2023)]
[Notices]
[Page 2134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00438]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Modification to Consent Decree 
Under the Clean Air Act and Other Statutes

    On January 6, 2023, the Department of Justice lodged a proposed 
Agreement and Order Regarding Modification of Consent Decree 
(``Agreement and Order'') 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 Performance 
Materials NA, Inc., Case No. 1:21-cv-00516-MJT. The original Consent 
Decree was entered by the Court on January 28, 2022, and it requires 
the settling defendants to implement injunctive relief at an ethylene 
production facility located in Orange, Texas.
    The proposed Agreement and Order modifies one injunctive relief 
requirement of the original Consent Decree to provide for use of an 
alternative control technology to reduce benzene emissions to air at 
certain locations within the facility. Specifically, the proposed 
modification would change the control requirement for benzene waste 
emissions at two locations to the use of a thermal oxidizer as the 
primary control technology. Carbon canisters operated in series would 
not be used at these locations. There are no other changes to the 
original Consent Decree.
    The publication of this notice opens a period for public comment on 
the proposed Agreement and Order. 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-MJT, 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 Agreement and Order 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 Agreement and Order 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 $3.00 (25 cents per page 
reproduction cost) for the proposed Agreement and Order, payable to the 
United States Treasury.

Thomas Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2023-00438 Filed 1-11-23; 8:45 am]
BILLING CODE 4410-15-P