[Federal Register Volume 74, Number 36 (Wednesday, February 25, 2009)]
[Notices]
[Page 8569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3995]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Notice is hereby given that on February 19, 2009, a proposed Sixth 
Amendment to the Consent Decree entered in United States v. BP 
Exploration and Oil Co., et al., (Civil No. 2:96 CV 095 RL), was lodged 
with the United States District Court for the Northern District of 
Indiana.
    This settlement relates to BP Products North America Inc.'s (``BP 
Products'') petroleum refinery located in Texas City, Texas (the 
``Texas City Refinery'').
    The United States alleges civil claims under the Clean Air Act 
(``CAA'') against BP Products for violations at the Texas City Refinery 
of the National Emission Standard for Hazardous Air Pollutants for 
Benzene Waste Operations, 40 CFR Part 61, subpart FF; the Recycling and 
Emissions Reduction Regulations for Refrigerants, 40 CFR Part 82, 
subpart F, part of the Act's stratospheric ozone protection program; 
and the National Emission Standard for Hazardous Air Pollutants for 
Asbestos, 40 CFR Part 61, subpart M. The United States also alleges 
that BP Products violated, at the Texas City Refinery, provisions of 
the original civil Consent Decree entered in the above-referenced 
matter that incorporated requirements of 40 CFR part 61, subpart FF. 
The United States' CAA claims are stated in the supplemental counts of 
the Supplemental Third Amended Complaint also filed on February 19, 
2009 in the above-referenced matter.
    Under the proposed Sixth Amendment to the Consent Decree, BP 
Products will perform injunctive relief to: (1) Eliminate or minimize 
emissions of benzene at the Texas City Refinery; (2) eliminate or 
minimize the emission of Ozone Depleting Substances (``ODS'') from 
regulated cooling appliances at the Texas City Refinery; and (3) ensure 
that Asbestos-Containing Materials (``ACM'') at the Texas City Facility 
are identified, managed, handled, and disposed of properly so as to 
minimize the emission of asbestos.
    Under the proposed Sixth Amendment to the Consent Decree, BP 
Products will also pay a civil penalty to the United States in the 
amount of $12 million and perform a $6-million Supplemental 
Environmental Project (``SEP'') to convert heavy-duty diesel and other 
gasoline-powered vehicles owned and/or operated by the City of Texas 
City, Texas and the Texas City Independent School District so as to 
operate on compressed natural gas (``CNG'') or liquified natural gas 
(``LNG'').
    The Department of Justice will receive comments relating to the 
Sixth Amendment to the Consent Decree for a period of thirty (30) days 
from the date of this publication. Comments should be addressed to the 
Acting Assistant Attorney General, Environment and Natural Resources 
Division, and either e-mailed to <a href="/cdn-cgi/l/email-protection#ee9e9b8c8d8183838b809ac38b8b9dc08b809c8aae9b9d8a8184c0898198"><span class="__cf_email__" data-cfemail="50202532333f3d3d353e247d3535237e353e2234102523343f3a7e373f26">[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 v. BP Exploration & Oil 
Co., et al., D.J. Ref. 90-5-2-1-07109.
    The Sixth Amendment to the Consent Decree may be examined at the 
Office of the United States Attorney, Northern District of Indiana, 
5400 Federal Plaza, Suite 1500, Hammond, IN 46320, and at U.S. EPA 
Region 6, 1445 Ross Avenue, Dallas, Texas 75202. During the public 
comment period, the Sixth Amendment to the Consent Decree may also be 
examined on the following Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Sixth Amendment 
to 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#81f5eeefe8e0afe7ede4e4f5f6eeeee5c1f4f2e5eeebafe6eef7"><span class="__cf_email__" data-cfemail="3c485352555d125a505959484b5353587c494f585356125b534a">[email protected]</span></a>), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy by mail, from the Consent 
Decree Library, please enclose a check in the amount of $32.75 (25 
cents per page reproduction cost) for the Sixth Amendment to the 
Consent Decree payable to the U.S. Treasury.

Maureen M. Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
 [FR Doc. E9-3995 Filed 2-24-09; 8:45 am]
BILLING CODE 4410-15-P


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