[Federal Register Volume 75, Number 169 (Wednesday, September 1, 2010)]
[Notices]
[Pages 53717-53718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21742]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Resource 
Conservation and Recovery Act

    Notice is hereby given that on August 25, 2010, a proposed Consent 
Decree in United States of America and State of Texas v.
    Air Products LLC, Civil No. 4:10-cv-03074 (S.D. Tex.), was lodged 
with the United States District Court for the Southern District of 
Texas.
    In the Complaint filed in this action, the United States and the 
State of Texas sought injunctive relief and civil penalties against Air 
Products LLC (``Air Products'') for violations of the Resource 
Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6901-6992k, at Air 
Products' chemical manufacturing facility in Pasadena, Texas. The 
Complaint alleged that Air Products' past practice of sending spent 
sulfuric acid hazardous waste to the neighboring Agrifos Fertilizer, 
Inc. (``Agrifos'') facility for disposal violated several provisions of 
RCRA. The Complaint also alleged one violation of RCRA's hazardous 
waste labeling requirements. The State of Texas has joined as a co-
plaintiff and brings its own claims under State law. In the proposed 
Consent Decree, Air Products agrees to manage the spent sulfuric acid 
on-site, and not to ship it to Agrifos or to any other facility not 
authorized to accept it; and to certify its compliance with labeling 
and other requirements applicable to hazardous waste storage tanks on 
site. Finally, the Consent Decree requires Air Products to pay a $1.485 
million civil penalty.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, and either e-mailed to 
<a href="/cdn-cgi/l/email-protection#d3a3a6b1b0bcbebeb6bda7feb6b6a0fdb6bda1b793a6a0b7bcb9fdb4bca5"><span class="__cf_email__" data-cfemail="87f7f2e5e4e8eaeae2e9f3aae2e2f4a9e2e9f5e3c7f2f4e3e8eda9e0e8f1">[email protected]</span></a> or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, with a copy to 
Deborah A. Gitin, U.S. Department of Justice, 301 Howard Street, Suite 
1050, San Francisco, CA 94105, and should refer to United States of 
America and State

[[Page 53718]]

of Texas v. Air Products LLC, D.J. Ref. 90-7-1-09206.
    The Consent Decree may be examined at the Office of the United 
States Attorney, 919 Milam St., Houston, Texas 77208, and at U.S. EPA 
Region 6, Office of Regional Counsel, 1445 Ross Ave., Dallas, Texas 
75202. During the public comment period, the Consent Decree may also be 
examined on the following Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Consent Decree 
may also be obtained by mail from the Consent Decree Library, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611 or by 
faxing or e-mailing a request to Tonia Fleetwood 
(<a href="/cdn-cgi/l/email-protection#51253e3f38307f373d343425263e3e35112422353e3b7f363e27"><span class="__cf_email__" data-cfemail="9aeef5f4f3fbb4fcf6ffffeeedf5f5fedaefe9fef5f0b4fdf5ec">[email protected]</span></a>), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $9.50 (25 cents per 
page reproduction cost) payable to the U.S. Treasury or, if by e-mail 
or fax, forward a check in that amount to the Consent Decree Library at 
the stated address. In requesting a copy exclusive of appendices, 
please enclose a check in the amount of $8.00 (25 cents per page 
reproduction cost) payable to the U.S. Treasury.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2010-21742 Filed 8-31-10; 8:45 am]
BILLING CODE 4410-15-P


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