[Federal Register Volume 69, Number 126 (Thursday, July 1, 2004)]
[Notices]
[Page 39965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14888]


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DEPARTMENT OF JUSTICE


Notice of Public Comment Period for Proposed Consent Decree 
Addenda Under the Clean Air Act

    Under 28 CFR 50.7, notice is hereby given that, for a period of 30 
days, the United States will receive public comments on proposed Third 
Addenda to Consent Decrees in United States, et al. v. Motiva 
Enterprises LLC, Equilon Enterprises LLC, and Deer Park Refining 
Limited Partnership, Civil Action No. H-01-0978, which were lodged with 
the United States District Court for the Southern District of Texas on 
June 17, 2004.
    The original settlement was for civil penalties and injunctive 
relief pursuant to section 113(b) of the Clean Air Act (``CAA''), 42 
U.S.C. 7413(b) (1983), amended by, 42 U.S.C. 7413(b) (Supp. 1991), 
covering nine refineries, and was lodged with the Court on March 21, 
2001 and entered on August 20, 2001, as part of EPA's Petroleum 
Refinery Initiative. The proposed Addenda reflect the May 1, 2004 sale 
of the Delaware City, Delaware, refinery to the Premcor Refining Group 
Inc (``Premcor''). The two Addenda provide for the transition of 
responsibility for implementation of the injunctive relief programs at 
Delaware City. The proposed Addenda modify two of the Consent Decrees 
in this action: the Motiva Enterprises Decree, which covers injunctive 
relief at four Motiva refineries, including Delaware City, and the so-
called ``Heater and Boiler'' Decree executed by Motiva, Equilon, and 
Deer Park Refining Limited Partnership, covering all nine refineries 
and pertaining to emission reductions from heaters and boilers. The 
Heater and Boiler Decree also contains the general settlement 
provisions, such as stipulated penalties, which apply to all 
Defendants, and Premcor.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Third 
Addenda to Consent Decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
PO Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and 
should refer to: United States v. Motiva Enterprises LLC., D.J. Ref. 
90-5-2-1-07209.
    The proposed Addenda may be examined at the Office of the United 
States Attorney, Southern District of Texas, U.S. Courthouse, 515 Rusk, 
Houston, Texas 77002, and at EPA Region 6, 1445 Ross Avenue, Dallas, 
Texas 75202. During the public comment period the Third Addenda to the 
Consent Decrees may also be examined on the following Department of 
Justice Web site, http://www.usdoj.gov/enrd/open.htm. A copy of the 
Addenda may also be obtained by mail from the Consent Decree Library, 
PO Box 7611, U.S. Department of Justice, Washington, DC 20044-7611 or 
by faxing or e-mailing a request to Tonia Fleetwood 
([email protected]), 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 $10.25 (25 cents per 
page reproduction cost) payable to the U.S. Treasury.

Robert D. Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 04-14888 Filed 6-30-04; 8:45 am]
BILLING CODE 4410-15-M