[Federal Register Volume 77, Number 43 (Monday, March 5, 2012)]
[Notices]
[Page 13150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5199]


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DEPARTMENT OF JUSTICE


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

    Under 28 U.S.C. 50.7, notice is hereby given that on February 28, 
2012, a proposed Third 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, 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, the Court entered First and Second Amendments 
to the Consent Decree and a new owner (WRB Refining) of two of the 
refineries--the Wood River and Borger Refineries--was added as a 
defendant. COPC remained a defendant with respect to those two 
refineries because it continued to operate them.
    COPC still is obligated to comply with the Consent Decree as 
amended. However, under the Third Amendment, COPC will undertake a 
demonstration project and emissions tests at a recently installed 
delayed coking unit at its Wood River Refinery in order to enable the 
parties to establish new limits and controls for the coke drum steam 
vents and coker quench water tank. COPC also will pay civil penalties 
of $249,000, $98,500, and $21,000 to resolve alleged Benzene Waste 
Operations NESHAP (``BWON'') violations at its Borger, Trainer, and 
Wood River Refineries, respectively. In addition, for the resolution of 
the BWON claims at its Wood River Refinery, COPC will perform a 
Supplemental Environmental Project valued at $77,000 to retrofit diesel 
school buses with pollution controls. Finally, several minor and non-
material modifications are included in the Third Amendment.
    In the Third Amendment, the United States is joined by all Co-
Plaintiffs to the original Consent Decree: 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 Third 
Amendment. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, and either 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.
    During the public comment period, the Third Amendment may be 
examined on the following Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Third 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 emailing a request to ``Consent Decree Copy'' 
([email protected]), fax number (202) 514-0097; phone 
confirmation number (202) 514-5271. If requesting a copy from the 
Consent Decree Library by mail, please enclose a check in the amount of 
$13.75 (25 cents per page reproduction cost) payable to the U.S. 
Treasury or, if requesting by email or fax, forward a check in that 
amount to the Consent Decree Library at the address given above.

Robert D. Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2012-5199 Filed 3-2-12; 8:45 am]
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