[Federal Register Volume 70, Number 185 (Monday, September 26, 2005)]
[Notices]
[Pages 56188-56189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19088]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water Act and 
Clean Air Act

    Under 28 CFR 50.7, notice is hereby given that on Sept4ember 20, 
2005, a proposed Consent Decree in two consolidated cases--United 
States v. Motiva Enterprises LLC, Civil action No. 02-1292-SLR, and The 
Department of Natural Resources and Environmental Control, an agency of 
the State of Delaware v. Motiva Enterprises LLC, Civil Action No. 02-
1293-SLR--was lodged with the United States District Court for the 
District of Delaware.
    The United States' and the Department of Natural Resources and 
Environmental Control's (``DNREC's'') actions sought injunctive relief 
and civil penalties to address violations of the Clean Water Act, the 
Clean Air Act, and several state statutes that occurred in connection 
with a July 17, 2001 explosion at the Delaware City Refinery, then 
owned and operated by Motiva Enterprises LLC (``Motiva''). Under the 
Consent Decree, Motiva will pay a $12 million civil penalty: $6.25 
million will be paid to the U.S. and $5.75 million to DNREC.
    Motiva will also carry out six environmental projects at a cost of 
approximately $3.96 million. First Motiva will spend approximately $2.0 
million to purchase three hybrid diesel-electric buses for the Delaware 
Transit Corporation and provide maintenance funds for the buses. 
Second, the Company that purchased the refinery from Motiva in 2004, 
The Premcor Refining Group Inc. (``Premcor''), will grant a 
conservation easement over 285 acres of refinery land that will protect 
the area in perpetuity. Motiva will then spend at least $447,500 
planting trees and controlling invasive species and taking other steps 
to return the area to its natural state. Third, Motiva will spend 
approximately $550,000 to reintroduce native species of shellfish into 
parts of the Delaware River they formerly inhabited. Fourth, Motiva 
will purchase $165,000-worth of emergency equipment for the local fire 
department. Fifth, Motiva will pay approximately $550,000 to construct 
a weather-monitoring station near the refinery for DNREC and pay a 
portion of the station's operating coasts. Sixth and finally, Motiva 
will spend $250,000 to install and operate for approximately five years 
a river-monitoring station near Pea Patch Island.
    In addition. Premcor, now a subsidiary of Valero Energy 
Corporation, will implement a number of accident-prevention measures. 
For example, at the refinery's alkylation unit, Premcor will take steps 
to ensure that equipment that reduces the quantity of explosive 
hydrocarbons in spent sulfuric acid is operating whenever the 
alkylation unit is operating. Procedures for issuing hot work permits 
and for responding to holes and leaks in tanks will be tightened. The 
refinery will manage spent sulfuric acid as if spent sulfuric acid were 
a regulated substance under

[[Page 56189]]

EPA's accident prevention regulations, 40 CFR part 68.
    The United Stated 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, 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. No. 90-5-1-
1-07551.
    The Consent Decree may be examined during the public comment period 
on the following Department of Justice Web site: http://www.usdoj.gov/enrd/open.html. A copy of the Consent Decree 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 Tonio Fleetwood ([email protected]), fax number (202) 514-
0097, phone confirmation number (202) 514-1547. If requesting from the 
Consent Decree Library a full copy of the Consent Decree including its 
attachments, please enclose a check in the amount of $37.50 (25 cents 
per page reproduction cost) payable to the U.S. Treasury. If requesting 
a copy of the Consent Decree without its attachments, please enclose a 
check in the amount of $18.75 payable to the U.S. Treasury.

Bob Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 05-19088 Filed 9-23-05; 8:45am]
BILLING CODE 4410-15-M