[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Page 39899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16986]




Notice of Lodging of Consent Decree Under the Clean Air Act

    Notice is hereby given that on June 30, 2011, a Consent Decree in 

United States v. Western Refining Company, L.P., Civil Action No. 3:11-

cv-276, was lodged with the United States District Court for the 

Western District of Texas.

    The Consent Decree, which pertains to Western's El Paso, Texas 

refinery, is one of many national settlements concluded as part of 

EPA's Clean Air Act Petroleum-Refinery Initiative. Consistent with the 

objectives of the national initiative, the settlement requires Western 

to perform injunctive relief to reduce emissions of nitrogen oxides, 

sulfur dioxide, volatile organic compounds, and benzene. Among other 

things, emission limits are set for NOX and SO2 

emissions from the fluidized catalytic cracking unit (FCCU), emission 

limits are set for NOX from large heaters and boilers, the 

root causes of any flaring incidents must be investigated, the 

refinery's flares must comply with regulations that limit 

SO2 emissions, the refinery's benzene monitoring program is 

enhanced, and the refinery's leak-detection-and-repair (LDAR) program 

is upgraded. The Consent Decree also requires the payment of a $1.45 

million civil penalty.

    The Consent Decree resolves allegations by the Environmental 

Protection Agency, asserted in a complaint filed with the Consent 


    The Department of Justice will receive comments relating to the 

Consent Decree for a period of thirty (30) days from the date of this 

publication. 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 v. Western Refining Company, L.P., D.J. Ref. No. 90-5-


    During the public comment period, the Consent Decree may 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 number (202) 514-0097, phone 

confirmation number (202) 514-1547. If requesting a copy from the 

Consent Decree Library, please enclose a check in the amount of $30.25 

(25 cents per page reproduction cost) payable to the U.S. Treasury, or, 

if requesting by e-mail or fax, please forward a check in that amount 

to the Consent Decree Library at the address given above.

Maureen M. Katz,

Assistant Section Chief, Environmental Enforcement Section, Environment 

and Natural Resources Division.

[FR Doc. 2011-16986 Filed 7-6-11; 8:45 am]