[Federal Register Volume 75, Number 203 (Thursday, October 21, 2010)]
[Notices]
[Pages 65032-65033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26415]


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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 <a href="/cdn-cgi/l/email-protection#74040116171b1919111a00591111075a111a0610340107101b1e5a131b02"><span class="__cf_email__" data-cfemail="acdcd9cecfc3c1c1c9c2d881c9c9df82c9c2dec8ecd9dfc8c3c682cbc3da">[email protected]</span></a> 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

[[Page 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, 
<a href="/cdn-cgi/l/email-protection#e99d86878088c78f858c8c9d9e86868da99c9a8d8683c78e869f"><span class="__cf_email__" data-cfemail="98ecf7f6f1f9b6fef4fdfdeceff7f7fcd8edebfcf7f2b6fff7ee">[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 $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


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