[Federal Register Volume 86, Number 76 (Thursday, April 22, 2021)]
[Notices]
[Page 21349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08361]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Amendment Under The 
Clean Air Act

    On April 13, 2021, the Department of Justice lodged a proposed 
Fourth Consent Decree Amendment Concerning ExxonMobil's Joliet Refinery 
(the ``Fourth Decree Amendment'') with the United States District Court 
for the Northern District of Illinois in the lawsuit entitled United 
States v. Exxon Mobil Corp., Case No. 05 C 5809.
    In 2005, the United States and the states of Illinois, Louisiana, 
and Montana filed a Complaint in this lawsuit seeking civil penalties 
and injunctive relief from Defendants Exxon Mobil Corporation and 
ExxonMobil Oil Corporation (``ExxonMobil''). The Complaint alleged 
violations of the Clean Air Act, 42 U.S.C. 7401-7671q, and several 
other environmental statutes at ExxonMobil's six domestic petroleum 
refineries, including ExxonMobil's refinery in Joliet, Illinois (the 
``Joliet Refinery''). When the Complaint was filed, the United States 
also lodged a proposed Consent Decree containing the terms of a 
proposed settlement, which included requirements that ExxonMobil pay 
$7.7 million in civil penalties and make an array of improvements to 
its refineries' pollution control equipment and environmental 
compliance programs. The Court approved and entered that proposed 
Consent Decree after a public comment period. The 2005 Consent Decree 
and three subsequent amendments (collectively referred to here as the 
``Original Consent Decree'') are posted on this EPA website: https://www.epa.gov/enforcement/exxonmobil-refinery-settlement.
    ExxonMobil paid the civil penalties required by the Original 
Consent Decree and has satisfied most requirements of the Original 
Consent Decree for the Joliet Refinery. However, the United States 
contends that ExxonMobil has violated some requirements of the Original 
Consent Decree that apply to the Joliet Refinery. The United States 
also contends that ExxonMobil has violated some other Clean Air Act 
requirements applicable to the Joliet Refinery. Furthermore, the United 
States contends that those violations of the Original Consent Decree 
and the Clean Air Act support claims for stipulated penalties, 
statutory civil penalties, and additional injunctive relief.
    The proposed Fourth Decree Amendment would make material changes to 
the Original Consent Decree, but only as it applies to ExxonMobil's 
Joliet Refinery. The Fourth Decree Amendment would replace the Original 
Consent Decree's requirement for the Joliet Refinery with more targeted 
requirements addressing ExxonMobil's recent alleged failings. Among 
other things, the proposed Fourth Decree Amendment would require that 
ExxonMobil: (i) Accept and comply with more stringent air pollutant 
emission limits for one major process unit at the Joliet Refinery, 
called the fluid catalytic cracking unit; (ii) improve the capture and 
control of emissions from sulfur accumulation pits that are part of 
another major process unit at the Refinery, called the sulfur recovery 
plant; (iii) implement an enhanced compliance program to identify and 
reduce outages and downtime in continuous emissions monitoring systems 
that measure air pollutant emissions from various sources at the 
Refinery; (iv) complete a customized leak detection and repair enhanced 
compliance program using a high technology optical gas imaging camera, 
to help identify and address hydrocarbon leaks from particular types of 
equipment at the Refinery; and (v) pay the United States and Illinois a 
total of $1,515,463 in settlement of claims for alleged stipulated 
penalties under the Original Consent Decree and civil penalties under 
the Clean Air Act and corresponding Illinois law. The Fourth Decree 
Amendment would not alter the requirements applicable to the other five 
refineries covered by the Original Consent Decree with ExxonMobil.
    The publication of this notice opens a period for public comment on 
the proposed Fourth Decree Amendment. Comments should be addressed to 
the Acting Assistant Attorney General, Environment and Natural 
Resources Division, and should refer to United States v. Exxon Mobil 
Corp., D.J. Ref. No. 90-5-2-1-07030/6. 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.............................  Acting 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 proposed Fourth Decree 
Amendment 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 proposed Fourth Decree 
Amendment 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 $21.00 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2021-08361 Filed 4-21-21; 8:45 am]
BILLING CODE 4410-15-P