[Federal Register Volume 74, Number 30 (Tuesday, February 17, 2009)]
[Notices]
[Page 7476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3233]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act, 
Comprehensive Environmental Response, Compensation, and Liability Act, 
and Emergency Planning and Community Right-To-Know Act

    Notice is hereby given that on February 10, 2009, a proposed 
Consent Decree in United States, et al. v. Hermes Consolidated, Inc. 
dba Wyoming Refining Company, Civil Action No. 09-CV-00028-ABJ was 
lodged with the United States District Court for the District of 
Wyoming.
    The Consent Decree in this enforcement action against Hermes 
Consolidated, Inc. (``Hermes''), resolves allegations by the 
Environmental Protection Agency, asserted in a complaint filed together 
with the Consent Decree, under Sections 113(b) and 167 of the Clean Air 
Act, 42 U.S.C. 7413(b) and 7477, Section 109(c) of the Comprehensive 
Environmental Response, Compensation, and Liability Act, 42 U.S.C. 
9609(c), and Section 325(b) of the Emergency Planning and Community 
Right-to-Know Act, 42 U.S.C. 11045(b), for alleged environmental 
violations at Hermes's petroleum refinery in Newcastle, Wyoming. The 
proposed Consent Decree also resolves separate but related state law 
claims brought by the State of Wyoming, which has intervened in this 
matter. This is one of numerous national settlements reached as part of 
the EPA's National Petroleum Refinery Initiative. Consistent with the 
objectives of EPA's initiative, in addition to the payment of civil 
penalties, the settlement will require Hermes to perform injunctive 
relief to reduce emissions of nitrogen oxide, sulfur dioxide, volatile 
organic compounds, particulate matter, and carbon monoxide at the 
refinery. Also, the refinery will upgrade its leak detection and repair 
program to reduce emissions from pumps and valves.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
settlement. 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, D.C. 20044-7611, and should 
refer to United States, et al. v. Hermes Consolidated, Inc., Civil 
Action No. 09-CV-00028-ABJ, D.J. Ref. 90-5-2-1-08001.
    The Consent Decree may be examined at: the United States Attorney's 
Office for the District of Wyoming, 2120 Capitol Avenue--4th Floor, 
Cheyenne, Wyoming 82001 (request USAO File Number 2006V00090) and U.S. 
EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129 (contact 
David Rochlin at 303-312-6892). During the public comment period, 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 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 ([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 $26.00 
(25[cent] per page reproduction cost) payable to the U.S. Treasury or, 
if by e-mail or fax, forward a check in that amount to the Consent 
Decree Library at the stated address.

Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E9-3233 Filed 2-13-09; 8:45 am]
BILLING CODE 4410-15-P