[Federal Register Volume 81, Number 222 (Thursday, November 17, 2016)]
[Notices]
[Pages 81157-81158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27623]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree and Proposed First 
Amendment to Another Consent Decree Under the Clean Air Act

    On November 10, 2016, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Northern 
District of Illinois in the lawsuit entitled United States v. CITGO 
Petroleum Corp., et al., Civil Action No. 16 C 10484. In a related 
filing, on that same date, the Department of Justice lodged a proposed 
First Amendment to Consent Decree with the United States District Court 
for the Southern District of Texas in the lawsuit entitled United 
States, et al. v. CITGO Petroleum Corp., et al., Civil Action No. 4:04-
cv-3883.
    Under the proposed Consent Decree lodged with the Northern District 
of Illinois (``Lemont Refinery Consent Decree''), CITGO will install 
low nitrogen oxide burners on three heaters at one of its refineries in 
Lemont, Illinois (``Lemont Refinery''); comply with a stringent limit 
for particulate matter emissions from the Lemont Refinery's fluid 
catalytic cracking unit; develop and implement operation and 
maintenance plans to improve operations and prevent violations at the 
Lemont Refinery's sulfur recovery plant; implement a flare minimization 
and flare efficiency program; implement an enhanced leak detection and 
repair program; and use carbon canisters to control benzene emissions 
from purged process fluids and samples. CITGO also will implement a 
$650,000 fence line monitoring supplemental environmental project and a 
$350,000 ``green lighting'' supplemental environmental project at the 
local school district. As a mitigation project, CITGO will control a 
benzene waste stream that it is not otherwise required to control at a 
cost of approximately $1.14 million. CITGO will pay a civil penalty of 
$1,955,000.
    Under the proposed First Amendment to Consent Decree lodged with 
the Southern District of Texas (``First Amendment''), a consent decree 
that the Southern District of Texas entered in 2005 (``2005 Consent 
Decree'') that covered six refineries that CITGO then owned will be 
amended to terminate all provisions therein related to the Lemont 
Refinery. CITGO demonstrated to EPA that it had complied with the vast 
majority of the 2005 Consent Decree provisions related to the Lemont 
Refinery and CITGO agreed to have the remaining few, outstanding 
provisions transferred to the new, stand-alone Lemont Refinery Consent 
Decree filed in the Northern District of Illinois. Under the First 
Amendment, CITGO will also pay a stipulated penalty of $323,500, split 
equally between the United States and Illinois, for alleged violations 
of the 2005 Consent Decree at the Lemont Refinery.
    The publication of this notice opens a period for public comment on 
the Lemont Refinery Consent Decree and

[[Page 81158]]

the First Amendment to the 2005 Consent Decree. Comments should be 
addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, and should refer to United States v. CITGO 
Petroleum Corp. et al., D.J. Ref. No. 90-5-2-1-07277/4. 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 Lemont Refinery Consent 
Decree and the First Amendment may be examined and downloaded at this 
Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the Lemont Refinery Consent 
Decree and/or the First Amendment to the 2005 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.
    For the Lemont Refinery Consent Decree, please enclose a check or 
money order for $68.00 (25 cents per page reproduction cost) payable to 
the United States Treasury. For the First Amendment to the 2005 Consent 
Decree, please enclose a check or money order for $2.00 (25 cents per 
page reproduction cost) payable to the United States Treasury. For 
both, one check or money order in the amount of $70.00 can be enclosed.

Robert D. Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2016-27623 Filed 11-16-16; 8:45 am]
 BILLING CODE 4410-15-P