Consistent with 28 CFR 50.7, notice is hereby given that on June 8, 2006, a proposed consent decree (“decree”) in
In this action, the United States seeks civil penalties and injunctive relief against Oxy Vinyls, L.P. (“Oxy Vinyls”) for violations under (1) Section 113(a)(3) of the Clean Air Act, 42 U.S.C. 7413(a)(3); (2) Section 3008(a)(1) of the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. 6928(a)(1); and (3) Section 313 of the Emergency Planning and Community Right to Know Act, 42 U.S.C. 11023, relating to four of Oxy Vinyls' polyvinyl chloride manufacturing facilities (the “PVC Facilities”). the PVC Facilities are located in Pasadena, Texas; Deer Park, Texas; Louisville, Kentucky; and Pedricktown, New Jersey. The Louisville Metro Air Pollution Control District (“LMAPCD”) and the State of New Jersey are co-signatories to the decree.
The proposed decree provides that Oxy Vinyls will (1) Pay a civil penalty of $140,000 to be split between the United States and the LMAPCD, and a civil penalty of $200,000 to the State of New Jersey for separate state-only violations; (2) perform three different federal Supplemental Environmental Projects at an estimated cost of $1,224,000 that are expected to decrease emissions of vinyl chloride by approximately 40,000 pounds (lbs) per year relative to 2003 project mix at nameplate capacity; (3) fund a state environmental project; (4) perform a RCRA sampling plan at its Pasadena, Texas facility; and (5) perform certain limited injunctive relief.
The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, P.O. Box 7611, Ben Franklin Station, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to
The Decree may be examined at the Office of the United States Attorney, 1100 Commerce Street, Suite 300,