[Federal Register Volume 65, Number 89 (Monday, May 8, 2000)]
[Notices]
[Page 26635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11371]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act, the 
Resource Conservation and Recovery Act, the Clean Water Act, and the 
Safe Drinking Water Act

    Under 28 CFR 50.7, notice is hereby given that on April 21, 2000, a 
proposed Consent Decree in United States v. TPI Petroleum, Inc., 
Diamond Shamrock Refining Co., Diamond Shamrock Refining and Marketing 
Co., Sigmor Pipeline Co., and TPI Pipeline Corp. Civil Action No. 00-
CV-10151-BC (E.D. Mich.), was lodged with the United States District 
Court for the Eastern District of Michigan, Northern Division.
    In this action, the United States sought injunctive relief and 
penalties against Defendant TPI Petroleum, Inc. (``TPI'') for claims 
arising in connection with TPI's refinery in Alma, Michigan, under the 
Clean Air Act, as amended, 42 U.S.C. 7401 et seq.,; the Resource 
Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et seq.; the 
Clean Water Act, as amended, 33 U.S.C. 1251 et seq.; and the Safe 
Drinking Water Act, as amended, 42 U.S.C. 300f et seq. The United 
States also sought injunctive relief and penalties from Diamond 
Shamrock Refining Co., Diamond Shamrock Refining and Marketing Co, 
Sigmor Pipeline Co., and TPI Pipeline Corp. (``Slotted Guidepole 
Defendants'') under the New Source Performance Standards of the Clean 
Air Act for Ka and Kb tanks, 40 CFR 60.112a(a)(1)-(2), and 
60.112b(a)(1)-(2), and, with respect to the Corpus Christi product 
terminal owned by Sigmor Pipeline Co., the corollary requirements under 
the Texas State Implementation Plan, Tex. Admin, Code title 30 
Sec. 115.112.
    Under the Consent Decree, TPI will submit quarterly reports 
regarding the status of its shutdown and decommissioning of the Alma 
Refinery. TPI will also close certain hazardous waste management units 
pursuant to the requirements of the Resource Conservation and Recovery 
Act, and will work with the U.S. Environmental Protection Agency and 
the Michigan Department of Environmental Quality to negotiate a 
corrective action consent order. TPI will perform a $9 million sediment 
remediation Supplemental Environmental Project (``SEP'') on the Horse 
Creek and Pine River in Gratiot County, Michigan, and a $900,000 
Brownfield SEP in the downtown waterfront area of Alma, Michigan, TPI 
will pay a cash penalty of $4 million.
    Under the Consent Decree, TPI and the Slotted Guidepole Defendants 
will install controls on tanks that are equipped with guidepoles that 
have slots in them.
    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, Department of Justice, P.O. 
Box 7611, Washington, DC 20044-7611, and should refer to United States 
v. TPI Petroleum, Inc., et al., Civil Action No. 00-CV-10151-BC, D.J. 
No. 90-5-2-1-2199.
    The Consent Decree may be examined at: (1) The Office of the United 
States Attorney, 101 First St., Suite 200, Bay City, Mich., 48706, (2) 
the Region 5 Office of the U.S. Environmental Protection Agency, 77 
West Jackson Boulevard, Chicago, IL 60604-3590. A copy of the Consent 
Decree may be obtained by mail from the Department of Justice consent 
Decree Library, P.O. Box 7611, Washington, DC 20044. In requesting a 
copy, please refer to the above-referenced case and DOJ Reference 
Number 90-5-2-1-2199, and enclose a check in the amount of $39.25 (25 
cents per page reproduction cost) payable to the Consent Decree 
Library.

Bruce S. Gelber,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 00-11371 Filed 5-5-00; 8:45 am]
BILLING CODE 4410-15-M