[Federal Register Volume 70, Number 120 (Thursday, June 23, 2005)]
[Notices]
[Page 36410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12463]


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DEPARTMENT OF JUSTICE


Notice of Public Comment Period for Proposed Consent Decree Under 
the Clean Air Act

    Under 28 CFR 50.7, notice is hereby given that, for a period of 30 
days, the United States will receive public comments on a proposed 
Consent Decree in United States v. Valero Refining Company--California, 
Valero Refining Company--Louisiana, Valero Refining Company--New 
Jersey, Valero Refining Company--New Orleans, Valero Refining--
Oklahoma, Valero Refining--Texas, L.P., Ultramar, Inc., TPI Petroleum, 
Inc., Colorado Refining Company and Diamond Shamrock Refining Company, 
L.P., Colorado Refining Company and Diamond Shamrock Refining Company, 
L.P., and Tesoro Refining and Marketing Corporation, (Civil Action No. 
SA-05-CA-0569), which was lodged with the United States District Court 
for the Western District of Texas on June 16, 2005.
    This proposed Consent Decree was lodged simultaneously with the 
Complaint in this national Clean Air Act (``Act'') enforcement action 
against Valero and Tesoro, pursuant to Sections 113(b) and 211(d) of 
the Clean Air Act (``CAA''), 42 U.S.C. 7413(b) (1983), amended by, 42 
U.S.C. 7413(b) (Supp. 1991), to resolve alleged violations at 14 
refineries in six states.
    Under the settlement, the companies will implement pollution 
control technologies to greatly reduce emissions of nitrogen oxides 
(``Nox'' and sulfur dioxide (``SO2'') from refinery process units and 
adopt facility-wide enhanced monitoring and fugitive emission control 
programs. The companies will also adopt measures to eliminate excess 
flaring of hydrogen sulfide. This settlement will result in emission 
reductions of approximately 20,400 tons per year.
    In addition, Valero will pay a civil penalty of $5.5 million, and 
spend $5.5 million on Supplemental Environmental Projects (``SEPs''). 
The states of Colorado, Louisiana, New Jersey, Oklahoma, and Texas have 
joined in this settlement as Plantiff-Interveners and signatories to 
the Consent Decree and each will benefit from the companies' 
performance of the SEPs in the communities where the refineries are 
located and share in the civil penalty.
    Comments should be addressed to the Acting Assistant Attorney 
General, Environment and Natural Resources Divisions, P.O. Box 7611, 
U.S. Department of Justice, Washington, DC 20044-7611, and should refer 
to United States v. Valero Refining, et al., D.J. Ref. 90-5-2-1-06811/
1.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Western District of Texas, 601 NW. Loop 410, Suite 
600, San Antonio, TX 78216. During the public comment period the Valero 
Consent Decree may also be examined on the following Department of 
Justice Web site, http://www.usdoj.gov/enrd/open.html. A copy of the 
Valero Consent Decree, may also be obtained by mail from the Consent 
Decree Library, PO Box 7611, U.S. Department of Justice, Washington, DC 
20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood 
([email protected], fax no. (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 $81.25 (includes attachments), 
or $51.25, without attacements (25 cents per page reproduction cost) 
payable to the U.S. Treasury.

Robert D. Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 05-12463 Filed 6-22-05; 8:45 am]
BILLING CODE 4410-15-M