[Federal Register Volume 80, Number 237 (Thursday, December 10, 2015)]
[Notices]
[Page 76710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31077]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean Air 
Act and Clean Water Act

    On December 2, 2015, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the District 
of Hawaii in the lawsuit entitled United States v. Aloha Petroleum, 
Ltd., Civil Action No. CV 15-00498 HG-BMK.
    The United States' Complaint asserts claims against Aloha under 
Section 113(b) of the Clean Air Act (``CAA''), 42 U.S.C. 7413(b) and 
section 311(b) of the Clean Water Act (``CWA''), 33 U.S.C. 1321(b). 
Aloha operates a bulk gasoline terminal in Hilo, Hawaii (the 
``Terminal''). The Terminal receives petroleum products via pipelines 
connected to the local marine port and stores the products in large 
tanks prior to transfer into tank trucks at the Terminal's loading 
rack. The Complaint alleges that Aloha failed to install a vapor 
collection system, limit emissions, and conduct a performance test, as 
required by 40 CFR part 60, subpart XX. Under the CWA, the Complaint 
alleges that Aloha failed to construct a secondary containment 
structure that is sufficiently impervious to contain oil, or to hold 
oil until cleanup can occur. 40 CFR 112.7(c), 112.8(c)(2).
    Under the Consent Decree, Aloha will pay a civil penalty of 
$650,000, will ``permanently close'' the Terminal as defined in 40 CFR 
112.2, and certify that it has ceased operating the loading racks 
there. Aloha will also install improved containment liners at five of 
its other facilities.
    The publication of this notice opens a period for public comment on 
the consent decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States v. Aloha Petroleum, Ltd., D.J. Ref. No. 
90-5-2-1-10467. All comments must be submitted no later than thirty 
(30) days after the publication date of this notice. Comments may be 
submitted either by email or by mail:

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         To submit comments:                     Send them to:
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By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    During the public comment period, the consent decree may be 
examined and downloaded at this Justice Department Web site: http://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the consent decree upon written request and payment of reproduction 
costs. Please mail your request and payment to: Consent Decree Library, 
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $8.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2015-31077 Filed 12-9-15; 8:45 am]
 BILLING CODE 4410-CW-P