[Federal Register Volume 65, Number 80 (Tuesday, April 25, 2000)]
[Notices]
[Pages 24225-24226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10229]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act, 
Comprehensive Environmental Response, Compensation, and Liability Act, 
Emergency Planning and Community Right-To-Know Act, and the Federal 
Water Pollution Control Act

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that a proposed consent decree in the case of United 
States v. BHP Petroleum Americas Refining, Inc., now known as Tesoro 
Hawaii Corporation, Civil Action No. 00-00264 DAE (D. Hawaii), was 
lodged with the United States District Court for the District of Hawaii 
on April 10, 2000.
    The proposed consent decree resolves claims that the United States 
asserted against Tesoro Hawaii Corporation (Tesoro) in a civil 
complaint filed concurrently with the lodging of the consent decree. 
The complaint alleges that Tesoro failed to comply with New Source 
Performance Standards under the Clean Air Act, including requirements 
to: provide notice of startup; maintain facilities consistent with good 
air quality practice; meet limits on hydrogen sulfide in fuel gas; 
comply with a leak detection and repair program for equipment in 
volatile organic compound service; and comply with work practice 
standards for the refinery's wastewater system. In addition, the 
complaint alleges that Tesoro failed to comply with National Emission 
Standards for Hazardous Air Pollutants under the Clean Air Act, 
including requirements to provide notice of construction startup and to 
comply with a leak detection and repair program for benzene sources. 
The complaint also alleges that Tesoro failed on several days to 
properly notify the National Response Center, the State Emergency 
Response Commission, and the Local Emergency Planning Committee of the 
releases of hazardous substances from the refinery as required by 
section 103 of the Comprehensive Environmental Response, Compensation, 
and Liability Act and section 304 of the Emergency Planning and 
Community Right-to-Know Act. Finally, the complaint alleges that Tesoro 
failed to prepare and implement a Spill Prevention Control and 
Countermeasure Plan and failed to revise and implement a Facility 
Response Plan, as required by regulations issued pursuant to section 
311 of the Federal Water Pollution Control Act.
    The proposed consent decree requires defendant to pay a civil 
penalty of $681,780. In addition, defendant is required to modify the 
air blower and burner systems at the refinery's sulfur recovery units 
to avoid unplanned shutdowns of the units, which leads to excess sulfur 
dioxide air emissions from the refinery. In addition, Tesoro is 
required to add capacity to its containment areas and to place new 
coatings on its berms and containment floors to contain spilled oil and 
to prevent an oil spill to waters of the United States. Tesoro also 
agreed to undertake a supplemental environmental project to provide 
equipment worth $50,000 to the City and County of Honolulu for 
management of inventory data and emergency planning.
    The Department of Justice will accept comments relating to this 
consent decree for a period of thirty (30) days from the date of this 
publication. Address your comments to the Assistant Attorney General 
for the Environment and Natural Resources Division, Department of 
Justice, Washington, DC 20530, and send a copy to the Environmental 
Enforcement Section, Attn: Robert Mullaney, U.S. Department of Justice, 
301 Howard Street, Suite 870, San Francisco, CA 94105. Your comments 
should refer to United States v. BHP Petroleum Americas Refining, Inc., 
now known as Tesoro Hawaii Corporation, Civil Action No. 00-00264 DAE 
(D. Hawaii), and DOJ No. 90-5-2-1-2124.
    You may examine the proposed consent decree at the office of the

[[Page 24226]]

United States Attorney, District of Hawaii, Room 6100, PJKK Federal 
Building, 300 Ala Moana Boulevard, Honolulu, Hawaii 96850. You may also 
obtain a copy of the consent decree by mail from the Consent Decree 
Library, P.O. Box 7611, Washington, DC 20044. Your request for a copy 
of the consent decree should refer to United States v. BHP Petroleum 
Americas Refining, Inc., now known as Tesoro Hawaii Corporation, Civil 
Action No. 00-00264 DAE (D. Hawaii), and DOJ No. 90-5-2-1-2124, and 
must include a check for $14.00 (25 cents per page reproduction cost) 
payable to the ``Consent Decree Library.''

Joel Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 00-10229 Filed 4-24-00; 8:45 am]
BILLING CODE 4410-15-M