[Federal Register Volume 88, Number 105 (Thursday, June 1, 2023)]
[Notices]
[Page 35929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11657]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act, Clean Air Act, and Resource Conservation and Recovery Act
On May 24, 2023, the Department of Justice filed a Complaint and
concurrently lodged a proposed Consent Decree with the United States
District Court for the District of Pennsylvania, Western District, in a
lawsuit entitled United States, et. al. v. Eastman Chemical Resins,
Inc., et. al., Civil Action No. 2:23-cv-00867-MJH.
The Complaint concerns violations at a hydrocarbon resins
manufacturing facility located at 2200 State Rt. 87 in Jefferson Hills,
Pennsylvania. The United States and Pennsylvania Department of
Environmental Protection (``PADEP'') filed this lawsuit alleging
multiple claims against Eastman Chemical Resins, Inc. (``Eastman''),
the former owner and operator of the facility, and Synthomer Jefferson
Hills LLC (``Synthomer'') current owner and operator of the facility
and required party under Fed. R. Civ. P. 19(a): (1) claims under the
Clean Water Act (``CWA'') for unpermitted discharges, discharges of
harmful quantities of oil, permit violations, and deficiencies in the
facility's Federal Response Plan and Spill Prevention, Control, and
Countermeasure Plan; (2) claims under the Clean Air Act (``CAA'') for
violations of the risk management program regulations; (3) claims under
the Resource Conservation and Recovery Act (``RCRA'') violations of
Subtitle C and regulations issued under the delegated state program
relating to management of hazardous waste; and (4) corresponding claims
under the Pennsylvania Clean Streams Law (``PCSL''), Pennsylvania Solid
Waste Management Act (``PSWMA''), and Pennsylvania Hazardous Waste
Management Regulations (``PHWMR'').
The proposed Consent Decree will resolve all civil claims alleged
by the United States and PADEP in the filed complaint. Under the
proposed Consent Decree, Synthomer will perform injunctive relief,
including: (1) conducting a third-party environmental audit; (2)
implementing effluent limit violations response requirements; (3)
performing facility specific work and repairs; (4) completing
comprehensive stormwater and groundwater control plans; (4)
implementing a RCRA-based training program and daily inspection
requirements. In addition, Eastman will pay a $2.4 million civil
penalty to be split between the United States and PADEP.
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,
Environmental Enforcement Section, and should refer to United States,
et. al. v. Eastman Chemical Resins, Inc., et. al., D.J. Ref. No. 90-5-
2-1-09001/1. 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: 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 $60.75 (25 cents per page
reproduction cost) for the proposed Consent Decree payable to the
United States Treasury. For a paper copy without the appendices, the
cost is $14.25.
Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2023-11657 Filed 5-31-23; 8:45 am]
BILLING CODE 4410-15-P