Notice of Lodging of Consent Decree Under Comprehensive Environmental Response, Compensation and Liability Act, 36899 [E8-14634]

Download as PDF Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Notices DEPARTMENT OF JUSTICE jlentini on PROD1PC65 with NOTICES Notice of Lodging of Consent Decree Under Comprehensive Environmental Response, Compensation and Liability Act Notice is hereby given that on June 10, 2008, a proposed Consent Decree in United States v. ExxonMobil Corporation, C.A. No. 1:08–CV–00124– IMK (N.D.W.Va.), was lodged with the United States District Court for the Northern District of West Virginia. The Consent Decree resolves the United States’ claim for response costs against the ExxonMobil Corporation, pursuant to Section 107(a)(2) of the Comprehensive Environmental Response, Compensation and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9607(a)(2). The claim relates to response costs incurred by the U.S. Environmental Protection Agency (‘‘EPA’’) in connection with clean-up activities performed at the Big John’s Salvage Site, located in Marion County, West Virginia. Under the Consent Decree, defendant ExxonMobil Corporation will pay EPA $3,000,000 in reimbursement of a portion of the response costs incurred by EPA in connection with the Site. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov, or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United States v. ExxonMobil Corporation, DOJ Reference No. 90–11–3–08499. Commenters may request an opportunity for a public meeting in the affected area, in accordance with Section 7003(d) of RCRA, 42 U.S.C. 6973(d). The Consent Decree may be examined at the Office of the United States Attorney, 1125 Chapline Street, Wheeling, West Virginia 26003, and at U.S. EPA Region 3, 1650 Arch Street, Philadelphia, Pennsylvania 19103. During the public comment period, the Consent Decree may also be examined on the following Department of Justice Web site: https://www.usdoj.gov/enrd/ Consent_ Decrees.html. A copy of the Consent Decreed may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, or by faxing or e-mailing a request to Tonia Fleetwood VerDate Aug<31>2005 16:15 Jun 27, 2008 Jkt 214001 (tonia.fleetwood@usdoj.gov), fax no. (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy of the Consent Decree, without one Appendix, from the Consent Decree Library, please enclose a check in the amount of $6.25 (25 cents per page production costs), payable to the U.S. Treasury or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. In requesting a copy, with one Appendix (a reduced size map of a portion of the Big John’s Salvage Site), please enclose a check in the amount of $6.75 (25 cents per page reproduction cost) payable to the U.S. Treasury. If the requester wants a copy of the Appendix in the form of the full size map, please contact U.S. EPA Region 3, 1650 Arch Street, Philadelphia, Pennsylvania 19103, to determine the cost of reproducing the map. Robert D. Brook, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E8–14634 Filed 6–27–08; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Second Amendment to Consent Decree Under the Clean Air Act Under 28 CFR 50.7, notice is hereby given that on June 24, 2008, a Second Amendment to the Consent Decree entered in the case of United States, et al. v. ConocoPhillips Company, Civil Action No. H–05–0258, was lodged with the United States District Court for the Southern District of Texas. Under the original Consent Decree, the ConocoPhillips Company (‘‘COPC’’) agreed to implement innovative pollution control technologies to reduce emissions of nitrogen oxides, sulfur dioxide, and particulate matter from refinery process units at nine refineries owned and operated by COPC. COPC also agreed to adopt facility-wide enhanced benzene waste monitoring and fugitive emission control programs. Subsequently, under a First Amendment that was entered in May of 2007, COPC agreed, inter alia, to install additional pollution control technology in consideration for deadline extensions. COPC still is obligated to comply with the Consent Decree as amended. However, under the Second Amendment, COPC will: (i) Add new controls to its sewer system and a wastewater lift station at its refinery in Ferndale, Washington, to ensure compliance with the Benzene Waste PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 36899 Operations NESHAP (‘‘BWON’’); (ii) install controls on the guidepoles of five tanks at its refinery in Linden, New Jersey, in exchange for a deadline extension there; and (iii) install a wet gas scrubber instead of an electrostatic precipitator as the control device for a major process unit at its refinery in Sweeny, Texas. Additional minor modifications also are included in the Second Amendment. COPC will pay a civil penalty of $60,000 and perform two Supplemental Environmental Projects valued at $100,000 each near its Ferndale refinery in exchange for a liability release for alleged BWON violations there. COPC also will pay a stipulated penalty of $80,500 for a flaring incident at its refinery in Trainer, Pennsylvania. In the Second Amendment, the United States is joined by the State of Illinois, the State of Louisiana, the State of New Jersey, the Commonwealth of Pennsylvania, and the Northwest Clean Air Agency in the State of Washington. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Second Amendment. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United States, et al. v. ConocoPhillips Company, D.J. Ref. No. 90–5–2–1– 06722/1. The Second Amendment may be examined at the Office of the United States Attorney, 919 Milam St., Suite 1500, Houston, Texas 77208, and at U.S. EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202–2733. During the public comment period, the Second Amendment may also be examined on the following Department of Justice Web site: https://www.usdoj.gov/enrd/ Consent_Decrees.html . A copy of the Second Amendment may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, or by faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax number (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $11.25 (25 cents per page reproduction cost) payable to the U.S. Treasury, or, if by e-mail or fax, forward a check in that E:\FR\FM\30JNN1.SGM 30JNN1

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[Federal Register Volume 73, Number 126 (Monday, June 30, 2008)]
[Notices]
[Page 36899]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14634]



[[Page 36899]]

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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under Comprehensive 
Environmental Response, Compensation and Liability Act

    Notice is hereby given that on June 10, 2008, a proposed Consent 
Decree in United States v. ExxonMobil Corporation, C.A. No. 1:08-CV-
00124-IMK (N.D.W.Va.), was lodged with the United States District Court 
for the Northern District of West Virginia. The Consent Decree resolves 
the United States' claim for response costs against the ExxonMobil 
Corporation, pursuant to Section 107(a)(2) of the Comprehensive 
Environmental Response, Compensation and Liability Act (``CERCLA''), 42 
U.S.C. 9607(a)(2). The claim relates to response costs incurred by the 
U.S. Environmental Protection Agency (``EPA'') in connection with 
clean-up activities performed at the Big John's Salvage Site, located 
in Marion County, West Virginia. Under the Consent Decree, defendant 
ExxonMobil Corporation will pay EPA $3,000,000 in reimbursement of a 
portion of the response costs incurred by EPA in connection with the 
Site.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, and either e-mailed to 
pubcomment-ees.enrd@usdoj.gov, or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. ExxonMobil Corporation, DOJ Reference No. 90-11-3-
08499. Commenters may request an opportunity for a public meeting in 
the affected area, in accordance with Section 7003(d) of RCRA, 42 
U.S.C. 6973(d).
    The Consent Decree may be examined at the Office of the United 
States Attorney, 1125 Chapline Street, Wheeling, West Virginia 26003, 
and at U.S. EPA Region 3, 1650 Arch Street, Philadelphia, Pennsylvania 
19103. During the public comment period, the Consent Decree may also be 
examined on the following Department of Justice Web site: https://
www.usdoj.gov/enrd/Consent_ Decrees.html. A copy of the Consent 
Decreed may also be obtained by mail from the Consent Decree Library, 
P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, 
or by faxing or e-mailing a request to Tonia Fleetwood 
(tonia.fleetwood@usdoj.gov), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy of the Consent Decree, 
without one Appendix, from the Consent Decree Library, please enclose a 
check in the amount of $6.25 (25 cents per page production costs), 
payable to the U.S. Treasury or, if by e-mail or fax, forward a check 
in that amount to the Consent Decree Library at the stated address. In 
requesting a copy, with one Appendix (a reduced size map of a portion 
of the Big John's Salvage Site), please enclose a check in the amount 
of $6.75 (25 cents per page reproduction cost) payable to the U.S. 
Treasury.
    If the requester wants a copy of the Appendix in the form of the 
full size map, please contact U.S. EPA Region 3, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103, to determine the cost of reproducing 
the map.

Robert D. Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E8-14634 Filed 6-27-08; 8:45 am]
BILLING CODE 4410-15-P
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