83 FR 13524 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act and The Clean Water Act

DEPARTMENT OF JUSTICE

Federal Register Volume 83, Issue 61 (March 29, 2018)

Page Range		13524-13524
FR Document		2018-06360

Federal Register, Volume 83 Issue 61 (Thursday, March 29, 2018)

[Federal Register Volume 83, Number 61 (Thursday, March 29, 2018)]
[Notices]
[Page 13524]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06360]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the 
Comprehensive Environmental Response, Compensation and Liability Act 
and The Clean Water Act

    On March 22, 2018, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Western 
District of Louisiana in the lawsuit entitled United States, Louisiana 
Department of Environmental Quality, and Louisiana Department of 
Wildlife and Fisheries, for the State of Louisiana v. CITGO Petroleum 
Corporation, Occidental Chemical Corporation, OXY USA Inc., and PPG 
Industries, Inc., Civil Action No. 2:18-cv-00402.
    The Consent Decree resolves Plaintiffs' claims, as the trustees of 
natural resources, for injuries to natural resources in connection with 
the discharge of hazardous substances into Bayou d'Inde in the 
Calcasieu Estuary located in Calcasieu Parish, Louisiana. Specifically, 
the United States, on behalf of the National Oceanic and Atmospheric 
Administration and the U.S. Department of Interior, as federal trustees 
for natural resources injured by Settlors' disposals of hazardous 
substances, seek to recover natural resource damages pursuant to 
Section 107(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9607(a), and 
Section 311(f) of the Federal Water Pollution Control Act (``CWA''), 33 
U.S.C. 1321(f). The Louisiana Department of Environmental Quality 
(``LDEQ'') and the Louisiana Department of Wildlife and Fisheries 
(``LDWF''), for the State of Louisiana, join in this action and also 
seek to resolve claims under the Louisiana Environmental Quality Act, 
La. R.S. Sec.  30:2025. The proposed Consent Decree resolves these 
claims. Under the proposed Consent Decree, Settling Defendants CITGO 
Petroleum Corporation, Occidental Chemical Corporation, OXY USA Inc., 
and PPG Industries, Inc. are resolving their liability for natural 
resource damages alleged in the Complaint and agree to pay jointly the 
total sum of $11 million from which $3,045,046 will reimburse the 
federal and state trustees for past assessment costs ($2,981,841.85 for 
federal trustees and $63,204 for state trustees) and $7,954,954.15 will 
be deposited into the Bayou d'Inde Area of Concern Site Restoration 
Account within the NRDAR Fund managed by the United States Department 
of Interior for use by the trustees to pay for future natural resource 
restoration actions selected by the trustees. In consideration for the 
payments to be made by the Settling Defendants, and subject to certain 
reservations of rights, the United States, LDEQ and LDWF covenant not 
to sue or take any civil judicial or administrative action against the 
Settling Defendants to recover for the natural resource damages as 
defined in the Consent Decree.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States, Louisiana Department of Environmental 
Quality, and Louisiana Department of Wildlife and Fisheries, for the 
State of Louisiana v. CITGO Petroleum Corporation, Occidental Chemical 
Corporation, OXY USA Inc., and PPG Industries, Inc., D.J. Ref. No. 90-
11-2-1284/3. 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 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 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 $9.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Thomas P. Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-06360 Filed 3-28-18; 8:45 am]
 BILLING CODE 4410-15-P

13524 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

reproduction cost) payable to the United from which $3,045,046 will reimburse reproduction cost) payable to the United
States Treasury. the federal and state trustees for past States Treasury.
Robert Brook, assessment costs ($2,981,841.85 for Thomas P. Carroll,
Assistant Section Chief, Environmental
federal trustees and $63,204 for state Assistant Section Chief, Environmental
Enforcement Section, Environment and trustees) and $7,954,954.15 will be Enforcement Section, Environment and
Natural Resources Division. deposited into the Bayou d’Inde Area of Natural Resources Division.
[FR Doc. 2018–06366 Filed 3–28–18; 8:45 am] Concern Site Restoration Account [FR Doc. 2018–06360 Filed 3–28–18; 8:45 am]
BILLING CODE 4410–15–P within the NRDAR Fund managed by BILLING CODE 4410–15–P
the United States Department of Interior
for use by the trustees to pay for future
DEPARTMENT OF JUSTICE natural resource restoration actions DEPARTMENT OF JUSTICE
selected by the trustees. In
Notice of Lodging of Proposed consideration for the payments to be Notice of Lodging of Proposed
Consent Decree Under the made by the Settling Defendants, and Consent Decree Under the Clean Air
Comprehensive Environmental Act
subject to certain reservations of rights,
Response, Compensation and Liability
the United States, LDEQ and LDWF On March 19, 2018, the Department of
Act and The Clean Water Act
covenant not to sue or take any civil Justice lodged a proposed Consent
On March 22, 2018, the Department of judicial or administrative action against Decree with the United States District
Justice lodged a proposed Consent the Settling Defendants to recover for Court for the Northern District of Ohio
Decree with the United States District the natural resource damages as defined in the lawsuit entitled United States v.
Court for the Western District of in the Consent Decree. Martin Marietta Magnesia Specialties
Louisiana in the lawsuit entitled United LLC, Civil Action No. 3:18–cv–00633.
States, Louisiana Department of The publication of this notice opens The proposed Consent Decree
Environmental Quality, and Louisiana a period for public comment on the resolves claims under Clean Air Act
Department of Wildlife and Fisheries, Consent Decree. Comments should be (‘‘CAA’’) Sections 113(b) and 167, 42
for the State of Louisiana v. CITGO addressed to the Assistant Attorney U.S.C. 7413(b) and 7477, against Martin
Petroleum Corporation, Occidental General, Environment and Natural Marietta Magnesia Specialties LLC
Chemical Corporation, OXY USA Inc., Resources Division, and should refer to (‘‘MMMS’’), the owner and operator of
and PPG Industries, Inc., Civil Action United States, Louisiana Department of a lime manufacturing plant located in
No. 2:18–cv–00402. Environmental Quality, and Louisiana Woodville, Sandusky County, Ohio. The
The Consent Decree resolves Department of Wildlife and Fisheries, Complaint asserts claims pursuant to
Plaintiffs’ claims, as the trustees of for the State of Louisiana v. CITGO the CAA for violations of the Prevention
natural resources, for injuries to natural Petroleum Corporation, Occidental of Significant Deterioration (‘‘PSD’’)
resources in connection with the Chemical Corporation, OXY USA Inc., provisions of the CAA, 42 U.S.C. 7470–
discharge of hazardous substances into and PPG Industries, Inc., D.J. Ref. No. 92, Title V of the Act, 42 U.S.C. 7661 et
Bayou d’Inde in the Calcasieu Estuary 90–11–2–1284/3. All comments must be seq., and the National Emission
located in Calcasieu Parish, Louisiana. submitted no later than thirty (30) days Standards for Hazardous Air Pollutants
Specifically, the United States, on after the publication date of this notice. (‘‘NESHAP’’) provisions of the CAA, 42
behalf of the National Oceanic and U.S.C. 7412, and the NESHAP
Comments may be submitted either by
Atmospheric Administration and the regulations governing lime
email or by mail:
U.S. Department of Interior, as federal manufacturing plants, 40 CFR part 63,
trustees for natural resources injured by subparts A and AAAAA (‘‘Lime
To submit
Settlors’ disposals of hazardous Send them to: MACT’’).
comments:
substances, seek to recover natural Under the proposed Consent Decree,
resource damages pursuant to Section By email ....... pubcomment-ees.enrd@ and at an estimated cost of
107(a) of the Comprehensive usdoj.gov. approximately $20 million, MMMS will
Environmental Response, By mail ......... Assistant Attorney General, address sulfur dioxide (‘‘SO2’’) and
Compensation, and Liability Act U.S. DOJ–ENRD, P.O. Box nitrogen oxide (‘‘NOX’’) emissions from
(‘‘CERCLA’’), 42 U.S.C. 9607(a), and 7611, Washington, DC the Woodville Facility through the
Section 311(f) of the Federal Water 20044–7611. addition of preheaters to Lime Kilns #1
Pollution Control Act (‘‘CWA’’), 33 and #2 and address particulate matter
U.S.C. 1321(f). The Louisiana During the public comment period, (‘‘PM’’) emissions by routing emissions
Department of Environmental Quality the Consent Decree may be examined from Kiln #1 through a baghouse. Kilns
(‘‘LDEQ’’) and the Louisiana Department and downloaded at this Justice #1 and #2 will also be required to meet
of Wildlife and Fisheries (‘‘LDWF’’), for Department website: https:// specified SO2 and NOX emissions limits.
the State of Louisiana, join in this action www.justice.gov/enrd/consent-decrees. Additionally, under the proposed
and also seek to resolve claims under We will provide a paper copy of the Consent Decree, MMMS will pay an
the Louisiana Environmental Quality Consent Decree upon written request $800,000 civil penalty and perform a
Act, La. R.S. § 30:2025. The proposed and payment of reproduction costs. vehicle replacement supplemental
Consent Decree resolves these claims. Please mail your request and payment environmental project valued at
Under the proposed Consent Decree,
sradovich on DSK3GMQ082PROD with NOTICES

to: Consent Decree Library, U.S. DOJ— $375,000.
Settling Defendants CITGO Petroleum ENRD, P.O. Box 7611, Washington, DC The publication of this notice opens
Corporation, Occidental Chemical a period for public comment on the
20044–7611.
Corporation, OXY USA Inc., and PPG Consent Decree. Comments should be
Industries, Inc. are resolving their Please enclose a check or money order addressed to the Assistant Attorney
liability for natural resource damages for $9.75 (25 cents per page General, Environment and Natural
alleged in the Complaint and agree to Resources Division, and should refer to
pay jointly the total sum of $11 million United States v. Martin Marietta

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Document Created: 2018-03-29 00:25:08
Document Modified: 2018-03-29 00:25:08

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		83 FR 13524