[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