82 FR 42838 - Notice of Lodging of Proposed Second Modification to Consent Decree Under The Clean Air Act

DEPARTMENT OF JUSTICE

Federal Register Volume 82, Issue 175 (September 12, 2017)

[Federal Register Volume 82, Number 175 (Tuesday, September 12, 2017)]
[Notices]
[Page 42838]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19332]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Second Modification to Consent 
Decree Under The Clean Air Act

    On August 31, 2017, the Department of Justice lodged a proposed 
second modification to consent decree with the United States District 
Court for the Southern District of West Virginia in the lawsuit 
entitled United States v. Bayer CropScience LP, Civil Action No. 2:15-
cv-13331.
    The United States filed this lawsuit under the Clean Air Act. The 
United States' complaint alleges that Bayer CropScience violated 
section 112(r) of the Clean Air Act, 42 U.S.C. 7412(r), which addresses 
the prevention of accidental releases. The claims arise out of a 2008 
explosion at the Methomyl production unit at Bayer CropScience's plant 
in Institute, West Virginia. The original consent decree, which was 
entered by the court on August 9, 2016, required the defendant, Bayer 
CropScience LP, to pay a civil penalty of $975,000, to perform 
injunctive relief to reduce the likelihood of future accidents at the 
Institute Plant and several other chemical processing plants, and to 
perform supplemental environmental projects valued collectively at 
$4.23 million. The proposed modification replaces one of the 
supplemental environmental projects, which entailed expanding a 
wastewater sump, with another project that entails purchasing emergency 
response equipment. As a result, the total cost of the supplemental 
environmental projects will decrease to $3.05 million.
    The publication of this notice opens a period for public comment on 
the proposed second modification to consent decree. Comments should be 
addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, and should refer to United States v. Bayer 
CropScience LP, D.J. Ref. No. 90-5-2-1-10802. 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 Web site: https://www.justice.gov/enrd/consent-decrees/. 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 $6.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Robert D. Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2017-19332 Filed 9-11-17; 8:45 am]
 BILLING CODE 4410-15-P