65032 Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices 

the ‘‘Submissions’’ section below. All 

pre-hearing briefs and statements 

should be filed not later than 5:15 p.m., 

November 12, 2010; and all post-hearing 

briefs and statements should be filed not 

later than 5:15 p.m., November 26, 2010. 

Written Submissions: In lieu of or in 

addition to participating in the hearing 

and filing briefs and statements relating 

to the hearing, interested parties are 

invited to file written submissions 

concerning these investigations. All 

written submissions should be 

addressed to the Secretary, and should 

be received not later than 5:15 p.m., 

November 18, 2010. All written 

submissions must conform with the 

provisions of § 201.8 of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 201.8). Section 201.8 

requires that a signed original (or a copy 

so designated) and fourteen (14) copies 

of each document be filed. In the event 

that confidential treatment of a 

document is requested, at least four (4) 

additional copies must be filed, in 

which the confidential information 

must be deleted (see the following 

paragraph for further information 

regarding confidential business 

information). The Commission’s rules 

authorize filing submissions with the 

Secretary by facsimile or electronic 

means only to the extent permitted by 

section 201.8 of the rules (see Handbook 

for Electronic Filing Procedures, http:// 

www.usitc.gov/secretary/ 

fed_reg_notices/rules/documents/ 

handbook_on_electronic_filing.pdf). 

Persons with questions regarding 

electronic filing should contact the 

Secretary (202–205–2000). 

Any submissions that contain 

confidential business information must 

also conform with the requirements of 

§ 201.6 of the Commission’s Rules of 

Practice and Procedure (19 CFR 201.6). 

Section 201.6 of the rules requires that 

the cover of the document and the 

individual pages be clearly marked as to 

whether they are the ‘‘confidential’’ or 

‘‘non-confidential’’ version, and that the 

confidential business information be 

clearly identified by means of brackets. 

All written submissions, except for 

confidential business information, will 

be made available for inspection by 

interested parties. The Commission may 

include some or all of the confidential 

business information submitted in the 

course of the investigations in the report 

it sends to the USTR. The Commission 

will not otherwise publish any 

confidential business information in a 

manner that would reveal the operations 

of the firm supplying the information. 

By order of the Commission. 

Issued: October 15, 2010. 

William R. Bishop, 

Acting Secretary to the Commission. 

[FR Doc. 2010–26377 Filed 10–20–10; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Notice is hereby given that on 

September 17, 2010, an electronic 

version of a proposed Consent Decree 

was lodged in the United States District 

Court for the Western District of 

Kentucky in United States and the 

Commonwealth of Kentucky v. Westlake 

Vinyls, Inc. and Westlake PVC 

Corporation, No. 5:10–CV–00168–TBR. 

The Consent Decree resolves claims of 

the United States and the 

Commonwealth of Kentucky against 

Westlake Vinyls, Inc. and Westlake PVC 

Corporation (‘‘Westlake’’) for civil 

penalties and injunctive relief based on 

violations of the Clean Air Act, 42 

U.S.C. 7401 et seq., as well as the Air 

Implementation Plan for the 

Commonwealth of Kentucky (the 

‘‘Kentucky SIP’’) promulgated and 

approved by EPA pursuant to the Clean 

Air Act; the Clean Water Act, 33 U.S.C. 

1251 et seq., and applicable laws and 

regulations implementing the Clean 

Water Act; the Resource Conservation 

and Recovery Act, 42 U.S.C. 6901 et seq. 

and implementing regulations; Sections 

103(a) and 109(c) of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act, as 

amended (‘‘CERCLA’’), 42 U.S.C. 9603(a) 

and 9609(c), and implementing 

regulations codified at 40 CFR part 302; 

and sections 304, 313 and 325(b)(3) of 

the Emergency Planning and 

Community Right-to-Know Act of 1986 

(‘‘EPCRA’’), 42 U.S.C. 11004, 11013 and 

11045(b)(3). 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the proposed Consent Decree. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, and either e-mailed to 

pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States et al. v. Westlake Vinyls, Inc. et 

al., No. 5:10–CV–00168–TBR and DOJ 

No. 90–5–2–1–08097. 

Under the proposed consent decree, 

Westlake will perform injunctive relief. 

With regard to Clean Air Act injunctive 

relief, Westlake will implement a 

reroute of certain vent streams so that at 

least 40% of the emissions from an 

absorber vent can be routed to the 

operating incinerator in case of an 

incinerator outage. The company has 

installed flow meters that will measure 

for compliance. Westlake will follow a 

specific protocol for three years in the 

case of both planned and unplanned 

incinerator outages. During all 

incinerator outages, Westlake will 

maintain the absorber vent as a Group 

2 process vent under the Hazardous 

Organic NESHAP regulations. 

For three years, Westlake will also 

implement an enhanced Leak Detection 

and Repair program to control emissions 

of hazardous air pollutants. In addition, 

Westlake will implement an enhanced 

daily monitoring for the cooling towers 

according to a protocol approved by 

EPA and the Commonwealth. 

Under the consent decree, Westlake 

will submit revised Leak Detection and 

Elimination Plans, as required by 

applicable regulations, for the vinyl 

chloride and the polyvinyl chloride 

plants, including a Leak Detection Plan 

and an Area Monitoring Plan, with 

specific changes as outlined in the 

consent decree. 

Westlake will review the most recent 

Total Annual Benzene (‘‘TAB’’) report 

for the vinyl chloride plant to determine 

if the TAB report is in compliance with 

the compliance option Westlake has 

selected and will provide a report to 

EPA and the Commonwealth. 

For purposes of New Source Review 

permitting under the Clean Air Act, the 

consent decree specifies that the 

polyvinyl chloride plant and the vinyl 

chloride plant are under Westlake’s 

common control, and Westlake will not 

contest administratively or judicially a 

finding by the Commonwealth or any 

other permitting authority under the 

Clean Air Act that the two plants are a 

‘‘single source’’ for purposes of 

permitting. 

With respect to Resource 

Conservation and Recovery Act 

injunctive relief, Westlake will conduct 

a subsurface investigation and will 

perform any necessary remediation at 

various lift stations at the polyvinyl 

chloride plant. Westlake will sample 

and test the integrity of lift stations 7 

and 9 pursuant to an approved 

workplan and will perform a subsurface 

investigation of the facility if EPA 

decides one is required. In any case, 

Westlake will perform an investigation 

for Lift 8 pursuant to an approved work 

plan. Westlake will implement any 

corrective measures required by EPA, 

and will post financial assurance. 

With regard to reporting of releases of 

hazardous substances under EPCRA/ 

CERCLA, Westlake will review its 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices 65033 

training procedures to ensure that all 

personnel are adequately trained and 

establish standard operating procedures. 

Westlake will modify its Spill/Release 

Reporting Policy according to protocol 

designed by EPA. 

For Clean Water Act injunctive relief, 

Westlake will update its Spill 

Prevention Control and 

Countermeasures Plan ensuring that all 

regulated tanks are included and will 

comply with the plan. 

The consent decree resolves the civil 

claims in the complaint filed in the case 

as well as violations listed in notices of 

violation issued to Westlake through the 

date of lodging of the decree on 

September 17, 2010. The United States 

will also covenant not to sue or take 

administrative action under Section 

3008(a) and (h) of Resource 

Conservation and Recovery Act, 42 

U.S.C. 6928(a) and (h), against Westlake 

for performance of the Resource 

Conservation and Recovery Act 

injunctive relief at the polyvinyl 

chloride plant, conditioned upon 

satisfactory performance. 

EPA estimates that there will be a 

substantial reduction in hazardous air 

pollutant emission under the terms of 

the proposed consent decree. The 

incinerator rerouting, along with 

improved Leak Detection and Repair 

compliance, should result reductions of 

vinyl chloride emissions by 

approximately 2,280 pounds per year, 

ethylene emissions by approximately 

204,687 pounds per year, and 1,2 

dichloroethane emissions by 

approximately 1,284 pounds per year. 

Under the proposed consent decree, 

Westlake will pay a civil penalty of 

$800,000, of which $700,000 will be 

paid to the United States and $100,000 

will be paid to the Commonwealth. Due 

to the Clean Water Act violations, 

$12,500 of the civil penalty will go to 

Oil Spill Liability Trust Fund pursuant 

to 33 U.S.C. 132l(s). 

The Consent Decree may be examined 

at the Office of the United States 

Attorney for the Western District of 

Kentucky, 501 Broadway, Room 29, 

Paducah, Kentucky 42001. During the 

public comment period, the Consent 

Decree may also be examined on the 

following Department of Justice: 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, tonia.fleetwood@usdoj.gov, 

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 $43.25 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury. 

Maureen Katz, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2010–26415 Filed 10–20–10; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2010–0051] 

Manlifts; Extension of the Office of 

Management and Budget’s (OMB) 

Approval of Information Collection 

(Paperwork) Requirements 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Request for public comments. 

SUMMARY: OSHA solicits public 

comments concerning its proposal to 

extend the Office of Management and 

Budget’s (OMB) approval of the 

information collection requirements 

specified in the Standard on Manlifts 

(29 CFR 1910.68). 

DATES: Comments must be submitted 

(postmarked, sent, or received) by 

December 20, 2010. 

ADDRESSES: 

Electronically: You may submit 

comments and attachments 

electronically at http:// 

www.regulations.gov, which is the 

Federal eRulemaking Portal. Follow the 

instructions online for submitting 

comments. 

Facsimile: If your comments, 

including attachments, are not longer 

than 10 pages, you may fax them to the 

OSHA Docket Office at (202) 693–1648. 

Mail, hand delivery, express mail, 

messenger, or courier service: When 

using this method, you must submit a 

copy of your comments and attachments 

to the OSHA Docket Office, Docket No. 

OSHA–2010–0051, U.S. Department of 

Labor, Occupational Safety and Health 

Administration, Room N–2625, 200 

Constitution Avenue, NW., Washington, 

DC 20210. Deliveries (hand, express 

mail, messenger, and courier service) 

are accepted during the Department of 

Labor’s and Docket Office’s normal 

business hours, 8:15 a.m. to 4:45 p.m., 

e.t. 

Instructions: All submissions must 

include the Agency name and OSHA 

docket number (OSHA–2010–0051) for 

the Information Collection Request 

(ICR). All comments, including any 

personal information you provide, are 

placed in the public docket without 

change, and may be made available 

online at http://www.regulations.gov. 

For further information on submitting 

comments see the ‘‘Public Participation’’ 

heading in the section of this notice 

titled SUPPLEMENTARY INFORMATION. 

Docket: To read or download 

comments or other material in the 

docket, go to http://www.regulations.gov 

or the OSHA Docket Office at the 

address above. All documents in the 

docket (including this Federal Register 

notice) are listed in the http:// 

www.regulations.gov index; however, 

some information (e.g., copyrighted 

material) is not publicly available to 

read or download through the Web site. 

All submissions, including copyrighted 

material, are available for inspection 

and copying at the OSHA Docket Office. 

You may also contact Theda Kenney at 

the address below to obtain a copy of 

the ICR. 

FOR FURTHER INFORMATION CONTACT: 

Theda Kenney or Todd Owen, 

Directorate of Standards and Guidance, 

OSHA, U.S. Department of Labor, Room 

N–3609, 200 Constitution Avenue, NW., 

Washington, DC 20210; telephone (202) 

693–2222. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Department of Labor, as part of its 

continuing effort to reduce paperwork 

and respondent (i.e., employer) burden, 

conducts a preclearance consultation 

program to provide the public with an 

opportunity to comment on proposed 

and continuing information collection 

requirements in accordance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3506(c)(2)(A)). This program 

ensures that information is in the 

desired format, reporting burden (time 

and costs) is minimal, collection 

instruments are clearly understood, and 

OSHA’s estimate of the information 

collection burden is accurate. The 

Occupational Safety and Health Act of 

1970 (the OSH Act) (29 U.S.C. 651 et 

seq.) authorizes information collection 

by employers as necessary or 

appropriate for enforcement of the OSH 

Act or for developing information 

regarding the causes and prevention of 

occupational injuries, illnesses, and 

accidents (29 U.S.C. 657). The OSH Act 

also requires that OSHA obtain such 

information with minimum burden 

upon employers, especially those 

operating small businesses, and to 

reduce to the maximum extent feasible 

unnecessary duplication of effort in 

obtaining information (29 U.S.C. 657). 


jlentini on DSKJ8SOYB1PROD with NOTICES