[Federal Register Volume 85, Number 24 (Wednesday, February 5, 2020)]
[Notices]
[Page 6577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02182]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean Air
Act; Comprehensive Environmental Response, Compensation, and Liability
Act; and Emergency Planning and Community Right-To-Know Act
On January 29, 2020, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Northern
District of Ohio in the lawsuit entitled United States and the State of
Ohio v. BP Products North America Inc. and BP-Husky Refining LLC, Civil
Action No. 3:20-cv-190.
The proposed Consent Decree resolves claims that the Defendants
violated the Clean Air Act; Comprehensive Emergency Response,
Compensation, and Liability Act; and Emergency Planning and Community
Right-to-Know Act at their petroleum refinery located in Oregon, Ohio
(the ``Toledo Refinery''). The Consent Decree also resolves claims for
stipulated penalties for the Toledo Refinery's alleged violations of a
consent decree entered in 2001 in U.S. et al. v. BP Exploration & Oil
Co. et al. Civ. No. 2:96-cv-095 (N.D. Ind.) (the ``2001 Consent
Decree'').
Under the proposed Consent Decree, the Defendants will pay a total
of $2.6 million in civil and stipulated penalties. The Defendants will
pay $1.7 million in civil penalties, $200,000 of which will be paid to
the State of Ohio, and the remainder to the United States. The
Defendants will also pay $900,000 in stipulated penalties to the United
States to resolve their alleged violations of the 2001 Consent Decree
at the Toledo Refinery. The Defendants will also perform a $1.2 million
supplemental environmental project to reduce childhood exposure to
lead-based paint hazards.
The Consent Decree also requires injunctive relief related to the
Toledo Refinery's continuous emissions monitoring systems, leak
detection and repair program, wastewater collection systems, and
hazardous substance release reporting procedures. The Defendants will
also perform a mitigation project involving the refinery's sulfur
recovery plant.
The publication of this notice opens a period for public comment on
the proposed Consent Decree. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
and should refer to: United States and the State of Ohio v. BP Products
North America Inc. and BP-Husky Refining LLC, D.J. Ref. No. 90-5-2-1-
09244/2. 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.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 $32.75 (25 cents per page
reproduction cost) payable to the United States Treasury. For a paper
copy without the appendices and signature pages, the cost is $19.50.
Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2020-02182 Filed 2-4-20; 8:45 am]
BILLING CODE 4410-15-P