[Federal Register Volume 73, Number 126 (Monday, June 30, 2008)]
[Notices]
[Pages 36899-36900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14675]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Second Amendment to Consent Decree Under the 
Clean Air Act

    Under 28 CFR 50.7, notice is hereby given that on June 24, 2008, a 
Second Amendment to the Consent Decree entered in the case of United 
States, et al. v. ConocoPhillips Company, Civil Action No. H-05-0258, 
was lodged with the United States District Court for the Southern 
District of Texas.
    Under the original Consent Decree, the ConocoPhillips Company 
(``COPC'') agreed to implement innovative pollution control 
technologies to reduce emissions of nitrogen oxides, sulfur dioxide, 
and particulate matter from refinery process units at nine refineries 
owned and operated by COPC. COPC also agreed to adopt facility-wide 
enhanced benzene waste monitoring and fugitive emission control 
programs. Subsequently, under a First Amendment that was entered in May 
of 2007, COPC agreed, inter alia, to install additional pollution 
control technology in consideration for deadline extensions.
    COPC still is obligated to comply with the Consent Decree as 
amended. However, under the Second Amendment, COPC will: (i) Add new 
controls to its sewer system and a wastewater lift station at its 
refinery in Ferndale, Washington, to ensure compliance with the Benzene 
Waste Operations NESHAP (``BWON''); (ii) install controls on the 
guidepoles of five tanks at its refinery in Linden, New Jersey, in 
exchange for a deadline extension there; and (iii) install a wet gas 
scrubber instead of an electrostatic precipitator as the control device 
for a major process unit at its refinery in Sweeny, Texas. Additional 
minor modifications also are included in the Second Amendment. COPC 
will pay a civil penalty of $60,000 and perform two Supplemental 
Environmental Projects valued at $100,000 each near its Ferndale 
refinery in exchange for a liability release for alleged BWON 
violations there. COPC also will pay a stipulated penalty of $80,500 
for a flaring incident at its refinery in Trainer, Pennsylvania.
    In the Second Amendment, the United States is joined by the State 
of Illinois, the State of Louisiana, the State of New Jersey, the 
Commonwealth of Pennsylvania, and the Northwest Clean Air Agency in the 
State of Washington.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Second 
Amendment. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, and either e-
mailed to [email protected] or mailed to P.O. Box 7611, 
U.S. Department of Justice, Washington, DC 20044-7611, and should refer 
to United States, et al. v. ConocoPhillips Company, D.J. Ref. No. 90-5-
2-1-06722/1.
    The Second Amendment may be examined at the Office of the United 
States Attorney, 919 Milam St., Suite 1500, Houston, Texas 77208, and 
at U.S. EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733. 
During the public comment period, the Second Amendment may also be 
examined on the following Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html . A copy of the Second 
Amendment 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 
([email protected]), fax number (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 $11.25 
(25 cents per page reproduction cost) payable to the U.S. Treasury, or, 
if by e-mail or fax, forward a check in that

[[Page 36900]]

amount to the Consent Decree Library at the stated address.

Robert D. Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. E8-14675 Filed 6-27-08; 8:45 am]
BILLING CODE 4410-15-P