[Federal Register Volume 83, Number 211 (Wednesday, October 31, 2018)]
[Notices]
[Page 54781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23735]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under The Clean Air
Act, The Comprehensive Environmental Response, Compensation, and
Liability Act, and The Emergency Planning and Community Right-To-Know
Act
On October 24, 2018, the Department of Justice and the State of
Mississippi filed a complaint and lodged a proposed Consent Decree with
the United States District Court for the Northern District of
California (``Court'') in the matter of United States of America and
the State of Mississippi v. Chevron U.S.A. Inc., Civil Action No. 4:18-
cv-06506 (N.D. Cal.).
The proposed Consent Decree resolves certain claims brought under
Section 112(r)(7) of the Clean Air Act (``CAA''), 42 U.S.C. 7412(r)(7),
at the four petroleum refineries owned and operated by Chevron U.S.A.
Inc. (``Chevron''), which are located in Richmond, California; El
Segundo, California; Pascagoula, Mississippi; and Salt Lake City, Utah;
as well as a fifth petroleum refinery formerly owned and operated by
Chevron, located in Kapolei, Hawaii. The State of Mississippi is also
resolving its related state law claims at the refinery located in
Pascagoula, Mississippi. The proposed Consent Decree also resolves
certain claims brought under Section 112(r)(1) of the Clean Air Act, 42
U.S.C. 7412(r)(1), at the refineries located in Richmond, California,
and Pascagoula, Mississippi; under Section 103 of the Comprehensive
Environmental Response, Compensation, and Liability Act (``CERCLA''),
42 U.S.C. 9603, at the refinery located in Richmond, California; and
under Section 304 of the Emergency Planning and Community Right-to-Know
Act (``EPCRA''), 42 U.S.C. 11004, at the refinery located in Richmond,
California; and certain findings of violation previously issued by the
U.S. Environmental Protection Agency (``EPA'') in Richmond, California.
The claims alleged in the complaint and resolved in the proposed
Consent Decree concern Chevron's prevention and mitigation of
accidental chemical releases, including actual releases that occurred
in Richmond, California in 2012, in El Segundo, California in 2013, and
in Pascagoula, Mississippi in 2013.
The Consent Decree requires Chevron to perform safety improvements
to all its U.S. petroleum refineries. These improvements include the
replacement of vulnerable pipes, the implementation of ``integrity
operating window'' parameters and alarms, the conducting of additional
corrosion inspections, the implementation of additional employee
training, and the centralization of safety authority within the
corporation. The Consent Decree also requires Chevron to pay a civil
penalty of $2,950,000, of which $2,492,750 will be paid to the United
States and $457,250 to the State of Mississippi; and requires Chevron
to perform Supplemental Environmental Projects valued at $10,000,000,
consisting of the provision of emergency response equipment to local
jurisdictions surrounding the five refineries at issue in the
complaint.
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 of America and the State of Mississippi
v. Chevron U.S.A. Inc., D.J. Ref. No. 90-5-2-1-11576. 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 website: https://www.usdoj.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 $25.00 (25 cents per page
reproduction cost) payable to the United States Treasury.
Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2018-23735 Filed 10-30-18; 8:45 am]
BILLING CODE 4410-15-P