[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Notices]
[Pages 30197-30198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12622]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under The Clean Air Act

    Notice is hereby given that on May 4, 2011, a proposed Consent 
Decree (``Decree'') in United States v. Rocky Mountain Pipeline System, 
LLC, et al., Civil Action No. 11-CV-1188RPM-CBS was lodged with the 
United States District Court for the District of Colorado.
    The Decree between the United States and Rocky Mountain Pipeline 
System, LLC, Western Convenience Stores, Inc., and Offen Petroleum, 
Inc. (collectively, the ``Defendants'') resolves claims asserted in a 
simultaneously filed complaint brought pursuant to Section 211(d) of 
the Clean Air Act, as amended (``Act''), 42 U.S.C. 7545(d), for alleged 
violations of Section 211 of the Act, 42 U.S.C. 7545, and regulations 
promulgated thereunder at 40 CFR Part 80 (``Fuels Regulations'') and 40 
CFR Part 79 (``Registration Regulations''). In it's complaint the 
United States alleges that the Defendants are all refiners that 
produced gasoline by sequentially blending natural gasoline with 
previously certified gasoline and ethanol in tank trucks. Further the 
United States alleges that the Defendants' blending operations violated 
the Fuels Regulations and Registration Regulations by failing to comply 
with the sampling, testing, record keeping and reporting requirements 
of those regulations and by producing and distributing gasoline that 
exceeded the applicable Reid Vapor Pressure standards. The proposed 
Decree requires the Defendants to implement an environmental mitigation 
project, take actions to prevent future violations of the Fuel and 
Registration Regulations, and pay a civil penalty of $2.5 million. The 
environmental mitigation project requires Rocky Mountain Pipeline 
System to installation a domed cover on an existing fuel storage tank 
at its Dupont Terminal. The cover will significantly

[[Page 30198]]

reduce the emission of volatile organic compounds from that tank into 
the surrounding area.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed Decree. 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 v. Rocky Mountain Pipeline System, LLC, et al., 
Civil Action No. 11-CV-1188RPM-CBS, DOJ No. 90-5-2-1-09998.
    The Decree may be examined at the Environment and Natural Resources 
Division Environmental Enforcement Section, United States Department of 
Justice Denver Field Office located at 999 18th Street, South Terrace--
Suite 370, Denver, CO 80202 or at the United States Environmental 
Protection Agency Region 8 office located at 1595 Wynkoop Street, 
Denver, Colorado 80202. During the public comment period, the proposed 
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 
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, exclusive of exhibits and defendants' signatures, please 
enclose a check in the amount of $9.50 (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. 2011-12622 Filed 5-23-11; 8:45 am]
BILLING CODE 4410-15-P