Notice of Lodging of Consent Decree Pursuant to the Clean Water Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Water

Act

In accordance with Department policy, 28 U.S.C. 50.7, notice is

hereby given that a proposed Consent Decree in United States v. Texmark

Chemicals, Inc., Civil Action No. H-99-2437, was lodged on July 29,

1999, with the United

[[Page 43720]]

States District Court for the Southern District of Texas.

The Consent Decree settles an action brought under Sections 309(b)

and (d) of the Clean Water Act (``the Act''), 33 U.S.C. 1319(b) and

(d). The consent Decree provides for Texmark's payment of a civil

penalty to the United States in the amount of $129,816, requires

injunctive relief to bring Texmark into compliance with the Clean Water

Act, and requires Texmark to implement and complete two Supplemental

Environmental Projects (``SEPs'') costing in the aggregate $95,790 at

its Galena Park, Harris County, Texas facility.

The Vacuum Pumps SEP involves the replacement of its two steam jets

in the DCPD Distillation Process with two vacuum pumps thereby

eliminating process wastewater in its process system. Because process

wastewater will no longer be generated in the production of DCPD, the

proposed SEP will reduce the average flow through outfall 001 by

between 50% and 78%; process wastewater flow would concurrently be

reduced by between 55% and 87%.

The Rail Car Overfill Prevention SEP will augment Texmark's

existing rail car loading process to prevent the inadvertent

overfilling of rail cars at the facility. The SEP will employ a micro-

motion meter system which consists of a senor, transmitter, totalizer

and probe. The sensor will measure mass, volume, density and

temperature. The SEP will prevent spills occurring as the result of

rail car filling thus benefitting the environment.

The Department of Justice will receive, for a period of thirty (30)

days from the ate of this publication, comments relating to the

proposed Consent Decree. Comments should be addressed to the Assistant

Attorney General for the Environment and Natural Resources Division,

Department of Justice, Washington, D.C. 20530, and should refer to

United States v. Texmark Chemicals, Inc., DOJ Ref. #90-5-1-1-4527.

The proposed Consent Decree may be examined at the office of the

United States Attorney, Southern District of Texas, 910 Travis Suite

1500, Houston, Texas 77208; the Region VI Office of the Environmental

Protection Agency, 1445 Ross Avenue, Dallas, Texas, and at the Consent

Decree Library, 1120 G Street, N.W., 3rd Floor, Washington, D.C. 20005,

(202) 624-0892. A copy of the proposed Consent Decree may be obtained

in person or by mail from the Consent Decree Library, 1120 G Street,

N.W., 3rd Floor, Washington, D.C. 20005. In requesting a copy please

refer to the referenced case and enclose a check in the amount of $6.75

(25 cents per page reproduction costs), payable to the Consent Decree

Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 99-20746 Filed 8-10-99; 8:45 am]

BILLING CODE 4410-15-M